New Rules Affecting H-1B Visa and Green Card Applicants through PERM Process Will Harm American Businesses
Gabriela Ungo • October 17, 2020
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On October 6, 2020, the U.S. Citizenship and Immigration Service (USCIS) and notably the U.S. Department of Labor (USDOL) issued a Prevailing Wage Interim Final Rule which went into effect in less than 36 hours after posting. The new Prevailing Wage rule did not follow the correct APA procedures and did not give businesses, employees, and the stakeholder community impacted by the rule adequate notice for comment.
Also, on October 8, 2020, the USCIS issued an Interim Final Rule revising the definition of “Specialty Occupation” for H-1B Visas, changes the “employer-employee” requirements, and increases vetting of H-1B users. This new H-1B rule will take effect on December 7, 2020.
The first lawsuit to challenge the rule was filed today in a New Jersey Federal Court by a group of technology firms . The law suit alleges that the U.S. Department of Labor, without notice, "dramatically altered" the way it calculates minimum salaries for the H-1B visas and certain employment-based green cards. Unfortunately, U.S. businesses and employers including American research institutions, colleges and universities, will only stand to suffer as a result of these changes until an injunction is issued and the rule is struck down in court.
The December 16, 2025 Trump Proclamation and the USCIS adjudication “pause” are related but distinct: the proclamation restricts entry to the U.S., while the pause delays decisions on immigration applications, often for people already here.
President Trump’s new travel proclamation, effective January 1, 2026, significantly expands the list of countries subject to full and partial U.S. travel bans and narrows who can qualify for exceptions or waivers.
USCIS will administer the 2025 Naturalization Civics Test to those who file their naturalization applications on or after October 20, 2025.
President Donald Trump issued a proclamation on Sept. 19, 2025, restricting the entry of certain H-1B nonimmigrants, mandating $100,000 payment prior to filing H-1B petitions for workers currently outside the United States, with some exceptions.
USCIS Implements New Policies for "Good Moral Character" and "Anti-American" Ideologies
Importance that all foreign nationals promptly file Form AR-11, Change of Address during Trump Administration 2.0
With limited exceptions, all noncitizens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for Registration by filling Form G-325R and be fingerprinted
USCIS announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025.
A Priority Date is essentially your place in line for a Green Card.
The USCIS Final Fee Rule will be effective as of April 1, 2024. It includes an overall weighted average increase of 40% in application fees