Welcome to the Garfinkel Immigration news roundup, where every month we will summarize and provide links to the latest stories impacting U.S. immigration.
Below is the October 2025 edition of the Garfinkel Immigration news roundup:
USCIS issues further guidance about new $100K H-1B visa fee
United States Citizenship and Immigration Services (USCIS) released further guidance earlier this month about the new $100,000 H-1B visa fee that was announced via Presidential Proclamation on Sept. 19.
In the guidance, USCIS clarified that the fee WILL NOT apply to H-1B petitions filed at or after 12:01 a.m. EDT on Sept. 21 that are requesting an amendment, change of status, or extension of stay for a foreign national inside the United States. While not expressly stated in the USCIS guidance, this would also generally include petitions requesting a change of employer for beneficiaries who are inside the United States.
The fee will apply to petitions requesting consular notification, port-of-entry notification, or pre-flight inspection, unless a narrow exception is approved based on the H-1B beneficiary’s employment being in the national interest. The guidance also revealed the criteria for a National Interest Exception.
U.S. Chamber of Commerce sues Trump administration over $100,000 H-1B visa fee
Shortly before the above guidance was released, the U.S. Chamber of Commerce filed a lawsuit challenging the $100,000 fee for new H-1B visa applicants, arguing it is unlawful “because it overrides provisions of the Immigration and Nationality Act.”
The lawsuit follows a similar one brought earlier in October by a coalition of university faculty, labor unions, global healthcare recruiters, religious institutions and more.
The attorneys at Garfinkel Immigration Law Firm are tracking these cases closely and will keep clients updated about any applicable rulings.
Find out more about the Chamber of Commerce lawsuit.
Understanding the recent changes to the U.S. Citizenship process
Earlier this month, USCIS officially began administering a new version of the naturalization exam.
The most significant change is the expansion of the civics portion of the test, where the pool of possible questions grew from 100 to 128. Applicants will now be asked up to 20 questions during the interview, rather than 10, and must answer at least 12 correctly in order to pass.
Find out more about the new version of the exam and other recent changes to the U.S. Citizenship process in the latest blog from Garfinkel Immigration Senior Counsel Catherine Magennis.
U.S. government shutdown: Here’s how immigration agencies are affected
The United States federal government has been shut down since 12:01 ET on Oct. 1 after Congress was unable to agree on the required spending bills before government funding expired on Sept. 30.
Without funding, non-essential federal government functions cease, including various federal agencies (or aspects of them) that are responsible for processing certain immigration benefits and applications.
Trump’s new H-1B visa fee raises concerns for international students
William Hummel, head of Garfinkel Immigration Law Firm’s Education Specialty Practice Group, was quoted by Queen City News in a recent story discussing how the $100,000 H-1B fee could impact international students and post-graduation employment options.
Hummel’s comments offer perspective on how the fee could affect talent pipelines and create hiring challenges for employers.
Watch and read the full Queen City News story here.
Proactive immigration compliance strategies
Garfinkel Immigration Partner Nam Douglass was once again published in the latest edition of the Zweig Letter.
In her piece, Douglass explores proactive immigration compliance strategies for Architecture, Engineering and Construction (AEC) firms.
“It is essential for firms to have a strong understanding of their workforce, their vendor relationships, and where they face the greatest exposure,” Douglass writes. “Preparation is less about expecting the worst and more about integrating compliance into daily operations.”
This is the third story Douglass has written for the Zweig Letter so far this year.
Immigration data indicate Indian student enrollment may plummet
The number of foreign nationals from India arriving in the U.S. to study at colleges and universities has dropped almost 50% year-over-year, according to recent data analyzed in a piece by Forbes Senior Contributor Stuart Anderson.
“The numbers indicate that U.S. universities may experience a significant decline in Indian and other international students in the 2025-26 academic year,” the story reads. “Educators say the Trump administration’s policies, which included suspending visa interviews, have contributed to the decline.”
The story continues: “Universities worry that new immigration rules will also make it challenging to attract international students to the United States. International students are a significant source of talent for U.S. employers and research institutions, and vital to the finances of many universities. Students from abroad help defray the education costs of U.S. students, allowing for lower tuition and increased course availability.”