‘One Big Beautiful Bill Act’ Introduces New $250 ‘Visa Integrity Fee’; USCIS Releases List of Fees
The recently enacted “One Big Beautiful Bill Act” (H.R. 1) introduces a new $250 “Visa Integrity Fee” for nonimmigrants, among other fees. The Visa Integrity Fee is intended to boost funding for the Department of Homeland Security (DHS) and Immigration and Customs Enforcement to support increased immigration enforcement activities. The new fee will be charged to individuals applying for a nonimmigrant visa at the time of visa issuance. The legislation includes provisions that allow the DHS Secretary to raise the fee as needed and increase it based on inflation. There is no set date on which the fee will be enacted.
Those required to pay the fee will include:
- Employment-based workers and their dependents: H-1B, H-4, L-1, L-2, TN, TD, O-1, O-3, P
- Students and their dependents: F-1, F-2
- Exchange visitors and their dependents: J-1, J-2
- Visitors: B-1, B-2
Entering the United States under the Visa Waiver Program would not be subject to the visa integrity fee. There are no exceptions to the fee, which cannot be reduced. However, the legislation allows for reimbursement in certain circumstances after the period of admission has expired. Also, U.S. Citizenship and Immigration Services published a notice on July 22, 2025, announcing the agency’s new fees, to whom those fees apply, when the new fees take effect, instructions on their payment, when and if the fees may be waived, and consequences of the failure to pay.
DOS Announces Investigation of Harvard’s Participation in Exchange Visitor Program
On July 23, 2025, the Department of State (DOS) announced an investigation into Harvard University’s “continued eligibility as a sponsor” for the J-1 Exchange Visitor Program.
The announcement referenced national security concerns generally but provided no specifics on why Harvard was being investigated. According to reports, Secretary of State Marco Rubio gave Harvard one week to provide many university records related to the visa program. Mr. Rubio also said DOS will interview university staff and visa holders. Harvard said the investigation was “another retaliatory step” in violation of the university’s First Amendment rights. Harvard said it would “protect its international community and support them as they apply for U.S. visas and travel to campus this fall.”
DOS Updates Visa Reciprocity Schedules, Reduces Validity Period for Nonimmigrant Visas
The Department of State (DOS) has updated the visa reciprocity schedules for more than 50 countries, significantly reducing the validity period for nonimmigrant visas. Foreign nationals from affected countries will now be issued visas only for a period of three months and for a single entry. The affected visa categories include B (tourist), F (student), H (specialty occupation temporary worker), J (exchange visitor), M (student), and O (extraordinary ability). Previously, nonimmigrant visa validity periods may have been 12 months or longer, and for multiple entries.
Foreign nationals with multiple citizenships are subject to the corresponding reciprocity schedule of the country that issued the passport used for the visa application. Visas issued before the change in reciprocity should not be affected and should retain their original validity.
H-1B Cap Reached for FY 2026; New H-1B Proposed Rule Will Prioritize Higher Salaries
H-1B cap reached. On July 18, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it had received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2026.
USCIS said it will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap numbers, are exempt from the FY 2026 H-1B cap. USCIS will continue to accept and process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in additional H-1B positions.
New H-1B proposed rule. USCIS plans to propose a new rule for review by the Office of Management and Budget’s Office of Information and Regulatory Affairs. The rule would resurrect the first Trump administration’s efforts to prioritize higher salaries in the selection process for H-1B positions.
Details of the new proposed rule have not yet been released, but during the first Trump administration, objections to a similar rule ranged from statutory concerns to the observation that newly minted graduates at lower salaries might be more highly skilled than those with higher salaries due to tenure or seniority, and that prioritizing the latter based on salary alone would prevent employers from hiring highly qualified recent graduates and prevent start-ups from being able to afford to hire top talent.
E-Verify Allows Employees to Opt Out of E-Verify+
E-Verify recently announced a new feature allowing employees to opt out of the E-Verify+ process and complete a traditional Form I-9 and E-Verify case instead.
E-Verify said that once the employee selects “Opt Out” in E-Verify+ and successfully completes the opt-out process, the employee’s E-Verify+ case status will change to “Case Closed Opt Out” and the case will automatically close. The employee will be directed to contact their employer to complete Section 1 in Form I-9 and provide acceptable documentation showing their identity and work authorization.
E-Verify noted that if an employee opts out of E-Verify+, “they still must complete Section 1 and provide documentation no later than their first day of employment, and the employer must create an E-Verify case within three business days.” The updated case status will appear on the employer’s E-Verify dashboard under “Recently Auto-Closed Cases.”
E-Verify+ is a service of E-Verify that streamlines verification by combining the Form I-9 and E-Verify processes into one digital process.
E-Verify Updates Status Change Report
On July 15, 2025, E-Verify announced that the new Status Change Report now includes an additional “Revoked Document Number” field to help employers determine whether an employee’s Employment Authorization Document (EAD) presented in the Form I-9 verification process and used to create their E-Verify case is the revoked EAD in the report. “If this EAD has been revoked, you must reverify the employee,” E-Verify said.
The announcement includes detailed instructions on reverification and what employers need to do.
Joseph Edlow Confirmed as USCIS Director
On July 15, 2025, the U.S. Senate confirmed Joseph Edlow as director of U.S. Citizenship and Immigration Services (USCIS).
Mr. Edlow previously served as deputy director for policy and chief counsel at USCIS, deputy assistant attorney general at the Department of Justice, and counsel for Rep. Raúl R. Labrador (R-ID) and the House of Representatives’ Committee on the Judiciary. He also served as a visiting fellow at the Center for Renewing America and the Heritage Foundation and founded the Edlow Group LLC and the Law Office of Joseph Edlow LLC.
Judge Allows Class Action and Temporarily Blocks Trump Administration’s Birthright Citizenship Ban
On July 10, 2025, a federal judge in New Hampshire provisionally certified a class consisting of all children born in the United States on or after February 20, 2025, to parents who are present temporarily or without authorization, then issued a preliminary injunction temporarily blocking enforcement of the Trump administration’s birthright citizenship ban.
The judge said that “this court has no hesitation determining this situation warrants emergency injunctive relief and class certification. The respondents’ proposed course of action would reverse a nationally known and recognized government policy in place for over a century and affect thousands of families.” Denial of citizenship status at birth “can have immediate, irreversible effects,” the judge noted, adding that the Executive Order in question “likely violates the Fourteenth Amendment” of the U.S. Constitution and the related statute codifying it (8 U.S.C. § 1401).
The judge said that the certified class includes only those persons for whom the Executive Order would deny citizenship, but does not include their parents, as the petitioners had requested. The class therefore includes:
All current and future persons who are born on or after February 20, 2025, where (1) that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
The judge noted that including future class members “is no bar to class certification. Although the future class member children in this case have yet to be born, as soon as they are born, they will join the class and their claims will be ripe.”
DOL Requires Work Authorization for Participants in Workforce Innovation and Opportunity Act Programs
On July 10, 2025, the Department of Labor’s Employment and Training Administration issued guidance (Training and Employment Guidance Letter 10-23, Change 2) requiring that all participants in programs under the Workforce Innovation and Opportunity Act have authorization to work in the United States. For individuals whose work authorization is temporary, grantees “must verify their continued work authorization at a reasonable interval determined by when their temporary authorization is expected to expire, but no less than once every three months.”
Affected programs are directed to align their policies, procedures, and requirements with the guidance. The programs include Workforce Innovation and Opportunity Act (WIOA) Title I Adult, Dislocated Worker, Youth programs (including statewide employment and training services funded by the Governor reserve); WIOA National Dislocated Worker Grants; Wagner-Peyser Act Employment Service; Reentry Employment Opportunities and other programs authorized under Section 169 of WIOA; YouthBuild; Section 167 Migrant and Seasonal Farmworker Program, also commonly referred to as the National Farmworker Jobs Program; and the Senior Community Service Employment Program.
The guidance also establishes that all such participant-level services are considered “federal public benefits” under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The guidance notes that individuals in certain employment-based nonimmigrant categories, such as H-2A, H-2B, and CW-1 workers, are ineligible to receive participant-level services in WIOA and related programs as they are not included in WIOA Section 188’s category of “other immigrants authorized to work in the United States” or in PRWORA’s definition of “qualified alien.”
DOJ Raises Penalty Fees for Certain Immigration-Related Violations
As part of the Department of Justice’s (DOJ) adjustments of various civil monetary penalties assessed or enforced by DOJ components, the agency issued a final rule raising penalty fees for certain immigration-related violations. The rule, effective July 3, 2025, applies to violations occurring after November 2, 2015, the date the Bipartisan Budget Act was enacted.
The rule includes raised penalty fees for violations such as employment of unauthorized workers, failure to notify of a final nonconfirmation of an employee’s employment eligibility, unfair immigration-related employment practices, and document fraud.
DOJ Announces Civil Division Enforcement Priorities, Including Denaturalization and Ending Sanctuary Jurisdictions
On June 11, 2025, the Civil Division of the Department of Justice (DOJ) issued a memorandum announcing its enforcement priorities under the Trump administration. Under the memo, among other things, a policy shift heightens the priority of civil denaturalization enforcement. The memo lists a variety of non-exhaustive prioritized categories for denaturalization. The Civil Division, however, “retains the discretion to pursue cases outside of these categories as it determines appropriate.”
The Alliance of Business Immigration Lawyers advises foreign-born U.S. citizens with concerns about possible misrepresentations during the immigration or naturalization process or other issues to consider talking with an immigration attorney. Individuals concerned about denaturalization should also speak with an attorney before traveling abroad, as pending litigation or findings of fraud could impact re-entry or passport renewal.
Another priority under the memo is “ending sanctuary jurisdictions.” The memo states that “[c]onsistent with this directive, the Civil Division shall prioritize affirmative litigation to invalidate any State or local laws preempted by Federal law.”
USCIS Clarifies, Narrows Visa Policy for TN Nonimmigrants
U.S. Citizenship and Immigration Services (USCIS) recently updated its Policy Manual, Part P (Nonimmigrants) under the United States-Mexico-Canada Agreement (USMCA) for the TN nonimmigrant classification. The new guidance, effective immediately, supersedes earlier guidance.
- Among other things, the TN employer must be a U.S. entity. Eligibility for TN status has been clarified or narrowed for several occupations, including economists, engineers, computer systems analysts, physicians, and scientific technicians/technologists. The relevance of the degree held and alignment of job duties are prioritized.
Australia: Increased Minimum Salary for Skilled Visas
On 1 July 1, 2025, Australia’s Department of Home Affairs’ annual indexation of skilled visa income thresholds took effect, resulting in a 4.6% increase. This adjustment aligned with changes to the Average Weekly Ordinary Time Earnings (AWOTE) and delivered on recommendations from the Migration Review, now part of Australia’s Migration Strategy.
These changes were initially announced on 24 March 2025, reinforcing the Department’s commitment to strengthening wage protections within the migration system.
Details:
Russia: Shorter Visa-Free Entry Periods Implemented
As of July 2025, visa free visitors to Russia may now only enter the Federation 90 days, a reduction from the previously permitted 180 day admission policy. Exceptions to this continue to exist, including those from the Eurasian Economic Union, the Commonwealth of Independent States, and other nationals.
Thailand: Electronic Travel Authorization for Visa-Exempt Visitors Required
Thailand is rolling out a new Electronic Travel Authorization (ETA) system for visitors from visa-exempt countries, including the United States. According to the U.S. Embassy in Thailand, this upcoming requirement means that travelers who previously entered Thailand without a visa will soon need to obtain electronic approval prior to arrival.
The ETA system is designed to strengthen border security, streamline entry procedures, and enhance pre-arrival screening while maintaining the convenience of visa-free travel. Once fully implemented, all eligible travelers must complete an online application through the official Thai e-Visa platform before departure. The ETA will allow short-term stays consistent with Thailand’s visa-exemption policy—generally up to 30 or 60 days, depending on nationality—with the possibility of extensions granted by Thai immigration.
Certain groups remain exempt from the ETA requirement, including holders of diplomatic or official passports, those entering under bilateral agreements, and other designated travelers.
What Travelers Need to Know:
- U.S. citizens and other visa-exempt visitors must obtain an ETA prior to traveling to Thailand.
- Applications are submitted online and should be completed before departure.
- Passports must be valid for at least six months upon entry.
- The ETA is not a visa and does not replace standard visa requirements for non-exempt travelers.
Details:
European Union: Rollout Timeline for EES and ETIAS Confirmed
The European Union has confirmed that its Entry/Exit System (EES) will begin a progressive rollout on October 12, 2025, with full implementation expected by April 10, 2026, according to the official EU EES website.
During the rollout phase starting in October 2025, only a limited percentage of border crossings will be processed through EES. This percentage will gradually increase until it reaches 100% by April 2026. Similarly, biometric data collection requirements will be introduced incrementally over this period.
Details:
- https://travel-europe.europa.eu/en/ees
- https://home-affairs.ec.europa.eu/news/european-travel-authorisation-etias-will-cost-eur-20-2025-07-17_en
- https://ec.europa.eu/commission/presscorner/detail/en/mex_25_1879
United Arab Emirates: New Headcount Rule for Scientists and Specialists
The United Arab Emirates has introduced a new headcount requirement for employers sponsoring Golden Visas under the Scientists and Specialists category. This change impacts the direct employer sponsorship route and is aimed at ensuring that sponsoring organizations have sufficient operational scale and stability.
Under the updated rule, employers must now meet a minimum employee headcount, which varies by emirate and free zone. In Dubai, some free zones require at least seven employees, while Abu Dhabi’s threshold can be 20 to 100 employees depending on jurisdiction. Companies that do not meet these minimums may need to pursue government-nominated Golden Visa pathways instead.
This update builds on earlier reforms that tightened eligibility for highly skilled professionals:
- Salary Requirement: Applicants must now earn a basic salary of AED 30,000, excluding allowances.
- Equivalency Certificates: Those with foreign academic degrees must secure a certificate of equivalency from the UAE Ministry of Education, a process that typically takes over 30 days. UAE-issued degrees still require legalization.
These measures reflect the UAE’s efforts to align its Golden Visa program with its broader talent strategy—attracting top scientists and specialists while ensuring rigorous sponsor qualifications.
United Arab Emirates: Freelance Visas Temporary Paused
The United Arab Emirates has temporarily paused processing new freelance visa applications, effective July 5, 2025. This pause applies across the country and affects individuals submitting new applications for freelance/residence permits. Existing freelance visa holders may still renew their permits without disruption.
Officials have not provided a timeline or explanation for the pause, but industry commentary suggests that authorities are reviewing and recalibrating the program to better align with labor market and regulatory objectives. Revised procedures are expected in the coming months.
United Kingdom: Next India Young Professionals Scheme Ballot Date Announced
The UK Home Office has confirmed that all ballots for the 2025 India Young Professionals Scheme (YPS) visa have now closed.
The India Young Professionals Scheme allows eligible Indian citizens aged 18–30 to live and work in the UK for up to two years. Applicants must hold an eligible qualification and have sufficient funds to support themselves.
In February 2025, most of the3,000 visa places were made available. The second ballot to allocate the remaining places was conducted from 22–24 July 2025. Successful entries were selected at random, with results emailed to applicants within two weeks of the ballot’s closure. Selected candidates must apply within 90 days, pay the visa fee (£319), the immigration health surcharge, and submit biometric information.
The ballot results are final, and no appeals are permitted. However, UKVI has confirmed that details of the next ballot for 2026 will be posted on the official guidance page. Unsuccessful applicants from 2025 may re-enter future ballots if they still meet eligibility requirements.
For official updates and 2026 ballot announcements, visit the UK Government’s India Young Professionals Scheme page.
Details:
- https://www.gov.uk/guidance/india-young-professionals-scheme-visa-ballot-system
- https://www.gov.uk/guidance/youth-mobility-scheme-visa-ballot-system
Klasko News
FIRM NEWS
Klasko Immigration Law Partners Seminar Event
On July 30, Anu Nair and Karuna Simbeck hosted a Klasko Immigration seminar event titled The Power of Self-Sponsorship: EB-1, NIW, and EB-5. They provided a comprehensive overview of self-sponsored green card pathways — including eligibility criteria, strategic considerations, timelines, and procedural steps. Stay tuned for more upcoming seminar events!
IN THE NEWS
H. Ronald Klasko
Quoted in The Washington Post, Ron Klasko shares his insights on the ‘Gold Card’ visa and cautions against joining the waitlist until a path becomes clear.
Timothy D’Arduini | Nick Lowrey
Tim and Nick were both mentioned in this article by The National Provisioner, which covers their compliance panel at the AAMP’s Convention in Kansas City, Missouri, last month.
RECENT SPEAKING ENGAGEMENTS
Timothy D’Arduini | Nick Lowrey
Timothy D’Arduini and Nick Lowrey spoke at the 86th American Convention of Meat Processors & Suppliers’ Exhibition, hosted by the American Association of Meat Processors, on a panel entitled Immigration Compliance: I-9 Employment Eligibility and Worksite Enforcement.
Anu Nair | Karuna Simbeck
On July 30, Anu Nair and Karuna Simbeck hosted a Klasko Immigration seminar event titled The Power of Self-Sponsorship: EB-1, NIW, and EB-5.
Timothy D’Arduini
On July 31, Timothy D’Arduini spoke in a Barbri webinar program titled Immigration Compliance for Schools and Religious Institutions: Legal Responsibilities and Risk.
Timothy D’Arduini | Nick Lowrey
Timothy D’Arduini and Nick Lowrey spoke in this Lockton webinar event panel entitled Immigration Compliance: I-9 Employment Eligibility and Worksite Enforcement.
ICYMI: RECENT BLOG POSTS AND ALERTS
The One Big Beautiful Bill’s Visa Integrity Fee Explained
In this blog, Candace Hill breaks down what the Visa Integrity Fee is, who it affects, and key points to watch for.
Recent Visa Reciprocity Changes by the Department of State
In this client alert, Nigel James covers the recent visa reciprocity changes that impact foreign nationals from over 50 countries.
Key Status Updates for Humanitarian Immigration Programs
In this blog, Ryan Patterson updates the humanitarian immigration program chart to reflect new developments.
Denaturalization – Visible and Invisible Costs
In this article, Nigel James covers the renewed focus on denaturalization and the consequences of revoking U.S. citizenship from naturalized individuals.
DOJ Prioritizes Denaturalization Enforcement in New Civil Division Directive
In this client alert, Nick Lowrey and Duncan Fulton cover the DOJ Civil Division issuing a memorandum announcing a policy shift that heightens the priority of civil denaturalization enforcement.
FIRM FEATURE
Klasko Immigration Law Partners recently hosted a small seminar on The Power of Self-Sponsorship. This seminar provided attendees with clarity on whether self-sponsorship may be the fastest and most reliable route to permanent residency for themselves and their families.
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This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Klasko Immigration Law Partners is an active member.
