Automatic EAD Renewals Have Ended
As of October 30, 2025, the U.S. Department of Homeland Security (DHS) has ended automatic extensions of Employment Authorization Documents (EADs) for many categories of renewal applicants. This change could lead to lapses in work authorization for employees who rely on these automatic extensions.
What This Means for You
Individuals with pending or soon-to-expire EAD renewals may no longer be able to continue working once their current card expires. Employers should review their workforce and identify employees who may be affected.
What Employers Can Do Now
- File early: Renewal applications can be submitted up to 180 days before your current EAD expires.
- Review your category: Confirm whether your EAD category qualifies for any remaining extension benefits.
- Plan for continuity: Employers should coordinate with HR and immigration counsel to prevent work interruptions.
For a deeper look at these changes and how they may affect you or your employees, read this recent Klasko Immigration Law Partners alert.
USCIS Releases Additional Guidance on New $100,000 H-1B Fee
On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) announced additional guidance related to the September 19, 2025, Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. As of September 21, 2025, new H-1B petitions must be accompanied by an additional $100,000 payment as a condition of eligibility.
USCIS emphasized that for H-1B petitions subject to the Proclamation, “petitioners must submit a copy of the proof of the payment from pay.gov or evidence of an exception from the fee from the Secretary of Homeland Security at the time of filing the H-1B petition. Petitions subject to the $100,000 payment that are filed without evidence of payment or the grant of an exception will be denied.”
USCIS has confirmed that:
- Those who are outside of the United States but have valid H-1B visas are not subject to the $100,000 H-1B fee.
- H-1B petitions requesting a change of status, amendment, or extension of stay are not subject to the $100,000 fee, unless that request is denied (effectively approving the petition for consular notification).
- The Proclamation does not prevent any holder of a current H-1B visa, or any beneficiary following petition approval, from traveling in and out of the United States.
- The fee instructions state that for new H-1B petitions on behalf of individuals outside the United States, the fee must be paid before the petition is filed.
The October 20 guidance did not mention H-1B1 visas. As such, it is unclear whether the Proclamation applies to Chileans and Singaporeans applying for H-1B1 visas. On September 29, however, the U.S. Embassy of Singapore stated that the Proclamation “does not apply to the H-1B1 visa for Singaporean citizens. There is no change to the H-1B1 process at this time.”
On October 20, USCIS updated the H-1B Specialty Occupations page to include a section, “Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers.”
Klasko Immigration Law Partners’ recent alert covers strategic takeaways and FAQs about the $100,000 H-1B Fee.
USCIS Discusses Impact of Shutdown on Certain H and CW Petitions
U.S. Citizenship and Immigration Services (USCIS) announced that it will process H-1B, H-2A, and H-2B-related Form I-129 petitions and CW-1-related Form I-129CW petitions during the federal government shutdown. “We recognize, however, that the shutdown may affect a petitioner’s ability to get required documentation (such as a labor condition application or a temporary labor certification from the U.S. Department of Labor), which may delay their ability to file Form I-129 or Form I-129CW.”
If an H-1B, H-2A, H-2B, or CW-1 petitioner meets all other applicable requirements and submits evidence establishing that the government shutdown was the primary reason they did not timely file an extension of stay or change of status request, USCIS will consider the government shutdown an “extraordinary circumstance beyond the petitioner’s control” when it determines whether to excuse the failure to timely file.
USCIS said it will monitor the situation and publish additional guidance if needed.
In our recent alert, there are action items employers should take during this government shutdown.
U.S. Chamber of Commerce Files Lawsuit, Calls New $100K H-1B Fee ‘Unlawful’
On October 16, 2025, the U.S. Chamber of Commerce (USCC) filed a lawsuit challenging the legality of the new $100,000 H-1B fee. USCC said that it believes the new fee “is unlawful because it overrides provisions of the Immigration and Nationality Act that govern the H-1B program, including the requirement that fees be based on the costs incurred by the government in processing visas.”
USCC said it has “heard from many Chamber members—from small to large and across industries—regarding the tremendous negative impact that will be caused” by the fee. The suit argues that “[f]or more than 70 years, what is now known as the H-1B visa program has enabled the United States to harness this magnetic draw. Tens of thousands of highly skilled people in specialized fields boost the American economy each year after obtaining H-1B status. These workers allow businesses of all sizes, in industries across the economy, to innovate and grow. The resulting innovations lead to more American jobs, higher wages, and new products and services that improve the quality of life for all Americans.” Arguing that the new fee “exceeds the President’s lawful authority,” USCC noted that before the presidential proclamation at issue, Restriction on Entry of Certain Nonimmigrant Workers (Sept. 2025), most H-1B petitions cost less than $3,600.
On the same day the lawsuit was filed, USCC published H-1B Visas: What You Need to Know. The brief report notes that “decades of research show that high-skill immigration raises output and local wages without reducing domestic employment. Persistent labor shortages in computer, math, and engineering occupations underscore the demand for specialized skills.”
USCIS Implements New Immigration Parole Fee
On October 16, 2025, the Department of Homeland Security announced publication of a Federal Register notice, effective the same day, to implement a new immigration parole fee required by the reconciliation bill (H.R. 1). The fee is $1,000 for fiscal year 2025 and is subject to annual adjustments for inflation. Parolees must pay the fee when they are paroled into the United States unless they qualify for an exception.
The notice states that the fee applies each time a person “is granted parole under INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A), including initial parole from outside the United States, Congressionally-authorized ‘parole in place,’ re-parole, or parole from DHS custody.” The fee is not due “when an application is merely submitted or when a travel document is issued,” but rather, DHS will collect the fee after it determines that the person “merits a grant of parole as a matter of discretion” and “either appears for inspection at a port of entry or is already physically present in the United States.”
District Court Rules Trump Administration Policy Targeting Foreign Faculty’s and Students’ Speech Violates First Amendment
On September 30, 2025, in American Association of University Professors v. Rubio, a U.S. district judge ruled against the Trump administration in a First Amendment case involving the targeting of pro-Palestinian foreign faculty and students for visa revocation and deportation. The judge said the question was whether noncitizens lawfully present in the United States have the same free speech rights as U.S. citizens, and the answer was that “unequivocally ‘yes, they do.’ ”
The court found that Secretary of Homeland Security Kristi Noem and Secretary of State Marco Rubio, together with their subordinates, “deliberately and with purposeful aforethought” coordinated their actions to intentionally “chill the rights to freedom of speech” and peaceful assembly of the noncitizen members of the plaintiff associations. The court ruled, among other things, that “the Plaintiffs have shown that Secretaries Noem and Rubio are engaged in a mode of enforcement leading to detaining, deporting, and revoking noncitizens’ visas solely on the basis of political speech, and with the intent of chilling such speech and that of others similarly situated. Such conduct is not only unconstitutional, but a thing virtually unknown to our constitutional tradition.”
E-Verify Resumed Operations; Employers Who Hired When E-Verify Was Unavailable Were Required to Create Cases by October 14
On October 9, 2025, E-Verify announced that it had resumed operations during the federal government shutdown. The announcement included instructions for employers who had hired foreign employees while E-Verify was temporarily unavailable, offered tips on how to handle tentative nonconfirmations (mismatches), and outlined federal contractor deadlines and how to count days when E-Verify was unavailable. It also included instructions for employees with traditional E-Verify cases or E-Verify+ cases.
The announcement noted that employers who participate in E‑Verify were required to create an E‑Verify case by Tuesday, October 14, 2025, for each employee hired while E‑Verify was not available. E-Verify went down on October 1, 2025, in conjunction with the shutdown, and was back online without notice late on October 7, 2025.
DOS Announced New Policy for Interviewing Immigrant Visa Applicants
Effective November 1, 2025, immigrant visa applicants are required to be interviewed in the consular district designated for their place of residence, or in their country of nationality if requested, with limited exceptions, the Department of State (DOS) announced.
Residents of countries where routine visa operations were suspended or paused were instructed to apply to their designated immigrant visa processing post, DOS said, unless the applicant was a national of another country with ongoing operations. The DOS notice provided a list of immigrant visa-designated processing posts for such countries.
Highlights of DOS’s instructions include:
- Existing Appointments: Existing immigrant visa appointments will generally not be rescheduled or cancelled.
- Post-to-Post Transfers: Beginning immediately, if an applicant would like to transfer an immigrant visa case to a new consular district after the National Visa Center (NVC) has scheduled the appointment, the applicant should contact NVC using its Public Inquiry Form and should not contact the consular section directly.
- Residence Requirement: If an applicant requests to interview in a location other than the applicant’s assigned consular district or country of nationality, NVC may request additional information to confirm that the location is the applicant’s place of residence, or to confirm whether an exception may be appropriate.
- Exceptions: Rare exceptions may be made for humanitarian or medical emergencies or foreign policy reasons.
- Diversity Visas: These changes will be applied to Diversity Visa applicants in the DV-2026 program year.
University Warns H-1B Faculty and Staff: Don’t Travel Now
The University of Southern California (USC) has urged faculty and staff in H-1B status to avoid international travel. “Out of an abundance of caution, all faculty and staff in H-1B status currently in the U.S. should put international travel plans on hold until they receive further guidance,” the statement says.
Aisling Kelliher, associate professor of cinematic arts at USC, said she was concerned about widespread confusion and anxiety resulting from new H-1B policies under the Trump administration, including a $100,000 fee for new H-1B applications. “If you’re going to invest the time in uprooting yourself and moving to another country, perhaps it is going to be more attractive to [move] to … other countries that’re going to make it a little bit more attractive for people to consider that, long-term, they may be able to put down roots,” she noted.
EOIR Announces New Director: Daren K. Margolin
On October 7, 2025, the Department of Justice’s Executive Office for Immigration Review announced the appointment of a new director, Daren K. Margolin.
Mr. Margolin earned his Juris Doctor degree in 1990 from New York Law School and a Master of Political Science/National Security Studies degree in 2010 from the Israeli National Defense College and Haifa University. His experience includes serving as an Assistant Chief Immigration Judge at multiple immigration courts in California; Assistant Chief Counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in Adelanto, California; a military judge, prosecutor, appellate prosecutor, and defense counsel for the U.S. Marines; and staff judge advocate (general counsel) for various Marine commands.
Mr. Margolin is a member of the State Bars of California, Hawaii, New Jersey, and New York.
United Kingdom: New English Language Rules Implemented for Migrants
The UK Home Office has introduced stricter English language requirements as part of its ongoing overhaul of the immigration system. Under the new law laid before Parliament, migrants applying through certain visa routes must demonstrate an A-Level equivalent standard of English, including speaking, listening, reading, and writing.
Applicants will need to pass a Secure English Language Test administered by a Home Office-approved provider, with results verified as part of the visa process.
The new requirements form part of the government’s broader Plan for Change and the immigration white paper, Restoring Control over the Immigration System. Additional reforms announced include:
- The post-study work period for international graduate will be reduced from two years to 18 months starting January 1, 2027.
- The Immigration Skills Charge (ISC) fee paid by employers sponsoring skilled workers will rise by 32%, with funds reinvested in training the domestic workforce.
- An increased student visa financial threshold will begin in the 2025–26 academic year, requiring proof of sufficient funds to study and live in the UK.
- To attract highly skilled global talent, the Home Office will also double the High Potential Individual (HPI) route cap and enhance the Global Talent and Innovator Founder routes.
These measures reflect the UK’s effort to tighten immigration controls while continuing to attract top global talent across research, innovation, and high-growth sectors.
Details:
Germany: Fast-Track Route to Citizenship Ended
The German Bundestag has officially repealed the “fast-track” naturalization option that allowed exceptionally well-integrated foreign nationals to apply for citizenship after three years of residence. The repeal, enacted through the Sixth Act Amending the Citizenship Act (Staatsangehörigkeitsgesetz), restores a five-year minimum residency requirement for standard naturalization.
The practical impact of the repeal appears limited: only a few hundred applicants had used the fast-track pathway since its introduction. However, the policy change underscores a broader recalibration of Germany’s approach to integration and citizenship. Employers and foreign nationals planning for long-term settlement in Germany should review eligibility timelines and monitor forthcoming implementation guidance from the Ministry of the Interior.
Details:
Ireland: Surge in Demand for Initial Registration and Immigration Renewal Appointments
Ireland’s Immigration Service Delivery (ISD) has reported they are currently experiencing a surge in demand for both initial registration and immigration renewal appointments. The limited availability of appointments has caused delays, particularly for first-time registrants arriving in Ireland.
Appointments are released on a rolling 90-day basis, and the ISD continues to work on expanding capacity where possible. Individuals unable to secure an appointment within the 90-day time period upon arrival will not lose their legal status. Booking confirms lawful residence until the appointment date.
For renewals, the ISD acknowledged technical issues between October 3 and 6 that affected some online submissions. Those impacted are advised to re-submit their applications unless they received a confirmation email.
Details:
South Africa: New Electronic Travel Authorization System Launched
The Department of Home Affairs in South Africa has introduced a new Electronic Travel Authorisation (ETA). Unveiled by the Minister of Home Affairs, Leon Schreiber, at the Tourism Business Council of South Africa Leadership Conference, the initiative replaces much of the paper-based visa regime and uses machine-learning and biometric technologies to streamline visitor entry.
Key features of the ETA system include online applications, biometric data capture (facial recognition) at select ports of entry such as O. R. Tambo International Airport and Cape Town International Airport, and initial rollout phases focused on short-stay tourist visa applicants from China, India, Indonesia, and Mexico.
For businesses, travel planners, and global mobility teams, the ETA means:
- Revising travel-authorization and visa-application workflows for travellers to South Africa.
- Anticipating faster approvals, but also modified entry-document requirements and biometric-based checks.
- Monitoring for broader rollout beyond the initial four countries and additional visa categories in the coming months.
Details:
Canada: Open Work Permit Applications
Immigration, Refugees and Citizenship Canada (IRCC) has introduced a new open work permit (OWP) for individuals applying under the Temporary Resident to Permanent Resident (TR to PR) Pathway. This initiative aims to streamline the transition from temporary status to permanent residency for eligible applicants, helping employers retain talent and allowing foreign workers to continue contributing to the Canadian economy without interruption.
The open work permit is available to individuals who:
- Have applied under one of the TR to PR streams;
- Currently hold valid temporary status in Canada; and
- Meet any additional eligibility requirements outlined by IRCC.
This OWP provides the flexibility to work for any employer in Canada, rather than being tied to a specific job or employer, which is a significant advantage for both applicants and Canadian businesses.
Benefits of the Open Work Permit
- Seamless Employment Continuity: Eligible applicants can continue working while their permanent residency application is being processed. This eliminates employment gaps and reduces stress for both workers and employers.
- Employer Flexibility: Employers can retain skilled employees without needing to submit a separate Labour Market Impact Assessment (LMIA) or navigate other temporary work restrictions.
- Support for Workforce Stability: By allowing foreign nationals to maintain employment during the PR application process, the OWP contributes to Canada’s broader economic and labor market stability, particularly in sectors facing labor shortages.
Application Process
Applicants seeking the open work permit must:
- Submit their PR application under the TR to PR Pathway;
- Include the required documentation to demonstrate eligibility; and
- Pay the applicable work permit fee.
IRCC emphasizes that processing times may vary, so applicants should plan ahead and ensure all documentation is complete. Applicants can submit their work permit applications online, which may facilitate faster processing.
Considerations for Employers and Employees
Employers hiring or retaining foreign nationals under this program should:
- Verify the applicant’s eligibility for the OWP;
- Confirm that employees maintain valid temporary status while the PR application is pending; and
- Stay informed about any updates to IRCC guidance or processing procedures.
For employees, the OWP provides a critical safety net, ensuring that temporary workers do not experience interruptions in employment while awaiting permanent status.
Details:
Argentina: Citizenship Applications Now Accepted Online
Argentina’s Dirección Nacional de Migraciones (DNM) has launched a digital system for citizenship by naturalization applications, effective October 6, 2025.
Under Decree 366/25, responsibility for processing citizenship applications has shifted from the National Judiciary to the Immigration Department, unifying the residency and naturalization process for foreigners under a single agency. Applicants aged 18 or older with temporary or permanent residence can now apply directly through the RaDEX digital platform.
The initiative aims to improve Argentina’s immigration system, enhancing efficiency, security, and transparency while improving accessibility and reducing delays for residents seeking citizenship.
Details:
Klasko News
IN THE NEWS
Timothy D’Arduini | Taylor Gibson | Nick Lowrey
Klasko attorney’s article titled H-1B Fee Guidance Is Helpful but Notable Uncertainty Persists, was recently published by Law360.
Megan Kludt
Megan Kludt’s article, Board of Immigration Appeals Broadens Detention Powers, was recently published by The Legal Intelligencer.
RECENT SPEAKING ENGAGEMENTS
Duncan Fulton
On October 10, Duncan Fulton presented at a Louisiana State Bar Association (LSBA) event in New Orleans, Louisiana, participating in a panel titled I’ll See You in Court: Effective Strategies When Challenging Agency Actions in Federal Court.
H. Ronald Klasko
On October 14, Ron Klasko spoke in an AILA LACC Chapter webinar on a panel discussing Options for Individuals with Removal Orders or Who Can No Longer Rely on TPS / Parole.
H. Ronald Klasko
On October 15, Ron Klasko spoke at the South Florida AILA Chapter, discussing the latest immigration updates on H-1B and the Gold Card.
Karuna Simbeck
On October 15, Karuna Simbeck spoke at the EB5 Investors Magazine Conference in Austin, TX, on a panel titled Gold Card vs. EB-5: New Paths to U.S. Residency Under Trump’s Executive Order.
Timothy D’Arduini
On October 16, Tim D’Arduini presented at the Washington AILA Chapter: Pacific Northwest AILA Conference on a panel titled Worksite Raids and ICE Enforcement.
Andrew Zeltner
On October 17, Andrew Zeltner presented to the University of Delaware’s Robotics Graduate Student Organization.
Elise Fialkowski
On October 22, Elise Fialkowski spoke at the 2025 RDC-EMEA Fall Conference in Frankfurt, Germany, on a panel titled Getting the Trains to Run on Time: Enforcement Trends and Strategies for Counseling Clients.
Carolina Regales
On October 22, Carolina Regales spoke at the 2025 RDC-EMEA Fall Conference in Frankfurt, Germany, on a panel titled Scary as Der Sandmann: Visa Processing Systems.
Anu Nair
On October 24, Anu Nair spoke at the AILA Midsouth Conference in Nashville, TN, on a panel titled The National Interest Waiver Today: From the Good Old Days to the New Normal.
UPCOMING SPEAKING ENGAGEMENTS
Stacy Shore
On November 6, Stacy Shore will be presenting on PERM recruitment in an ABIL Training Webinar.
Elise Fialkowski
Elise Fialkowski will be speaking at the Pennsylvania Association of Criminal Defense Lawyers (PACDL) White Collar Seminar in Philadelphia, PA, on a session on ICE Compliance.
H. Ronald Klasko
On November 19, Ron Klasko will be speaking at the AILA LACC Chapter Conference in Barbados on a panel titled Surviving the Storm Outside: Let’s Litigate.
ICYMI: RECENT BLOG POSTS AND ALERTS
Limited to the Face Value of the EAD: Automatic Renewals Ended
The Department of Homeland Security has ended automatic EAD extensions for renewal applications. In this alert, Carolina Regales breaks down the impact on employers and their teams, what employers can do to stay compliant, and the legal outlook ahead.
Victory for Korean Investors: Recognizing Jeonse in EB-5 Immigration Cases
Klasko Immigration Law Partners successfully appealed an EB-5 denial, a key win for Korean investors using Jeonse funds. Wei Zhong explains the successful outcome in this blog.
USCIS Clarifies the $100,000 H-1B Fee Proclamation
On October 20, USCIS released additional guidance on the September 19 Presidential Proclamation. In this alert, Taylor Gibson, Nicholas Lowrey, Timothy D’Arduini, and William Stock cover what we know, strategic takeaways, FAQs about the $100,000 H-1B fee, and more.
The Board of Immigration Appeals Broadens Detention Powers
In this article, Megan Kludt covers the BIA decision that individuals who entered the U.S. without inspection aren’t eligible for bond hearings, even long-time residents pursuing lawful status.
Trump Administration Pushes Birthright Citizenship Case to SCOTUS
President Trump has asked the Supreme Court to review the challenge to his January executive order on birthright citizenship. In this client alert, Taylor Gibson, Duncan Fulton, and Timothy D’Arduini recap key rulings, recent legal developments, and what this case could mean moving forward.
Update: Litigation Filed Against the $100,000 H-1B Entry Fee Proclamation
A coalition of H-1B employers, unions, schools, religious groups, and workers filed a lawsuit against President Trump’s Proclamation restricting the entry of certain H-1B professionals into the U.S. In this client alert, William Stock and Duncan Fulton provide an overview of the lawsuit and potential alternatives.
FIRM FEATURE
In October, KILP embraced the Halloween spirit with a festive costume contest during its monthly social hour. Take a look at some of the creative and spooky looks below!
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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.
