Keep Up With the Latest Immigration News & Laws

The October 2025 Visa Bulletin opens the new fiscal year with major priority date movements, including significant advancements for EB-1 India and EB-2 categories, while EB-3 Worldwide sees slight retrogression. USCIS confirmed it will use the Dates for Filing chart this month, allowing some applicants to submit adjustment applications earlier. In addition, a new $100,000 H-1B fee now applies to new petitions filed abroad, though current H-1B holders remain unaffected. Applicants and employers should review their eligibility and consult legal counsel for next steps.

USCIS Case Update: Asylum Application (Form I-589)

Release Date

Oct 8, 2025

We wanted to let you know about an update you may soon receive from USCIS, either by mail or posted directly to your online account. Please don’t be alarmed—this is a normal step in the process, and we’re here to guide you through it.

Application Type: I589, APPLICATION FOR ASYLUM

Your Case Status: Testing and Interview

The next step in your application is an in-person interview. Once your interview has been scheduled, you will receive an official interview notice with the date, time, and location.

Before your application can proceed further, you must pay your Annual Asylum Fee.

For information related to the 180-Day Asylum EAD Clock and the Form I-765, Application for Employment Authorization, please review: The 180-Day Asylum EAD Notice

Important Reminders!

Please follow any instructions provided by USCIS and pay any outstanding Annual Asylum Fee.

Save all fee receipts for your records; also send us a copy of your receipt at: asylum@usavisa.net.

There are also new fees for Employment Authorization (Form I-765).

Stay alert for official USCIS or EOIR notices.

It is important to keep your address updated with both our office and USCIS/EOIR so you receive all notices.

We understand this process can feel stressful, but this update means your case is moving forward.

Please note, guidance on this new Annual Asylum Fee is still developing. Our team will continue to monitor any updates and support you through each step.

Nationwide ICE Operation Targets Unaccompanied Migrant Youth

Release Date

Oct 6, 2025

As many of you already heard, ICE has launched a nationwide operation last week, reportedly named “Freaky Friday” that will target unaccompanied children aged 14 and older of all nationalities.

The following information has been provided:

1. Children detained and released will be sent a threat letter from ICE threatening indefinite detention and immediate transfer to ICE upon age-out if they do not:

(a) waive jurisdiction under the TVPRA and
(b) withdraw applications for relief, including withdrawing their request for admission with EOIR.

2. Children will be offered $2,500 to return to their countries of origin.
3. If children do not comply with the “offer”, the letter indicates their parents/family living in the US will be arrested.
4. ICE plans to detain all age-outs, and they anticipate legal challenges.
5. It is possible that the age threshold for this threat letter may be lowered to youth 10 years old and older.
6. ICE will first target detained children but will also target children released from custody.

What to do:
Contact your lawyer and do not speak with any immigration officer or agents without having your lawyer present.

Annual Asylum Fee (AAF) Implemented – Complete USCIS & EOIR Guidance

Release Date

Oct 1, 2025

The U.S. immigration system is undergoing major changes under the One Big Beautiful Bill (OBBBA). One of the most important updates is the introduction of a mandatory $100 Annual Asylum Fee (AAF) for all individuals with pending asylum applications. This requirement affects both affirmative asylum cases filed with USCIS and defensive asylum cases pending before the Immigration Court (EOIR).

Please note that no formal guidance has been issued therefore all information provided is based solely on the information currently provided. Whether you are an asylum seeker, a legal representative, or an advocate, understanding how the new fee works is essential to protecting your case and your future.

What Is the Annual Asylum Fee (AAF)?

The Annual Asylum Fee (AAF) is a recurring $100 payment required from all asylum applicants in the United States.

Key highlights:

Applies to all pending asylum cases (affirmative & defensive).
Fee must be paid once every year until your asylum case is resolved.
No waivers, exemptions, or fee reductions are available.
Only electronic payments are accepted.

USCIS will continue to accept paper check and money order payments in addition to credit and debit payments until Oct. 28, 2025.
After Oct. 28, USCIS will accept only ACH debit transactions using Form G-1650 or credit card payments using Form G-1450.

Why this matters: Even if your case is still pending after several years, you must pay the AAF each year to keep your case active.

Who Must Pay the AAF?

The Annual Asylum Fee applies to:

Affirmative Asylum Seekers (USCIS)

Filed Form I-589 directly with USCIS.
USCIS will send a payment notice around the 12-month mark after filing.
Additional information on how to pay will be forthcoming

2. Defensive Asylum Seekers (EOIR)

Applied for asylum as a defense against removal in Immigration Court.
Must pay through the EOIR online payment portal.

If you fall into either category, you are responsible for paying this fee every year until your asylum case is resolved.

How to Pay the Annual Asylum Fee

For Affirmative Asylum (USCIS Cases)

Wait for further instruction which should be provided in a notice from USCIS.
Payment notice issued by USCIS approximately 1 year after filing your asylum application.
Accepted methods: credit card, debit card, ACH bank transfer.
Paper checks, money orders, and in-person payments are not accepted, as of October 29, 2025.

For Defensive Asylum (EOIR / Immigration Court Cases)

Payment must be made through the EOIR Payment Portal: epay.eoir.justice.gov

Steps to Pay:

Go to the EOIR Payment Portal: https://epay.eoir.justice.gov
Enter your information: Provide your full name and A-Number.
Select the correct filing type: Under the “Filing Type” dropdown menu, choose: “Court – I-589, Application for Asylum (Initial Fee)”
Add the fee to your cart: Click Add and confirm the amount ($100).
Complete the payment: Click Pay Now and follow the prompts.
Save your receipt: After payment, you will receive a receipt with a Tracking ID. Save or print this for your records
Send a copy of your receipt to us at secretary@usavisa.net. Please including the name of the asylum applicant (or any name you may be in our system under), the A-Number, and a copy of the receipt.
Only electronic payments are accepted.
No exemptions, fee waivers, or paper-based payment options.

Consequences of Not Paying the AAF

Failure to pay the Annual Asylum Fee can have serious consequences, including:

Your asylum case being marked as “abandoned.”
Dismissal of your asylum application by USCIS or EOIR.
Loss of eligibility for asylum and other immigration protections.

Important Reminder: Even if you do not receive a reminder, you are still responsible for paying your fee on time every year. Further information will be provided when released.

Why This Update Is Important

This change significantly impacts asylum seekers and immigration practitioners. It creates a new financial obligation that could affect thousands of pending cases.

For asylum seekers, it’s critical to:

Track your payment deadlines.
Keep proof of payment receipts.
Ensure accurate records to avoid risks of abandonment.

For attorneys and advocates, staying informed ensures that clients remain in compliance and that no case is jeopardized due to missed payments.

Frequently Asked Questions (FAQ)

When does the first Annual Asylum Fee payment become due?

Typically, the first notice is sent one year after your asylum application was filed.

Can the $100 fee be waived or reduced?

No. The law specifically excludes waivers, exemptions, and reductions.

What happens if I forget to pay the fee?

Your asylum application may be deemed abandoned, and your case could be dismissed. There may be a grace period permitting late payments up to 30 days.

Do I need to pay this fee every year until my asylum case is approved?

Yes. The fee is required annually until a final decision is reached in your case.

How do I confirm my payment was successful?

After payment, you will receive a digital receipt in your USCIS or EOIR account. Always download and keep a copy for your records.

Where can I stay up to date on information?

Check the USCIS Asylum page and the EOIR Payment Portal for any new information. You can also use the following links to learn more about these requirements:

Contact Us Today

If you have questions about the Annual Asylum Fee (AAF) or need help with your asylum case, contact our team for professional legal guidance.

Berger Berger & Sobieski

https://www.usavisa.net/

officemanager@usavisa.net

716-634-6500

Don’t risk your future. Stay compliant. Stay protected.

Restriction on Entry of Certain Nonimmigrant Workers: H-1B Fee Proclamation

Release Date

Sept 29, 2025

On September 19, 2025, President Trump issued a proclamation requiring a $100,000 fee for new H-1B petitions filed for workers outside the U.S. Effective September 21, 2025, the rule restricts entry of certain H-1B workers but exempts current visa holders and petitions submitted before the effective date. Agencies including USCIS, CBP, and DOS have released guidance to clarify its scope, exemptions, and implementation.

Key Facts

Effective Date: September 21, 2025, at 12:01 a.m. EDT
Expiration: 12 months (through September 20, 2026), subject to extension
Target Group: H-1B workers outside the U.S. seeking entry after the effective date
Legal Authority: INA 212(f)s.

Who Is Affected?

Applies to H-1B workers outside the U.S. attempting entry after September 21, 2025.
Requires $100,000 fee for petitions filed on or after the effective date.

Who Is Not Affected?

According to USCIS, CBP, and DOS guidance, the proclamation does not apply to:

Beneficiaries of petitions filed before September 21, 2025.
Individuals with currently approved H-1B petitions.
Holders of validly issued H-1B visas.
Current H-1B visa holders traveling to or from the U.S.

Agency Guidance Highlights

USCIS

Will not adjudicate new H-1B petitions unless accompanied by proof of the $100,000 fee.
Petitions filed before September 21, 2025 (even if pending) remain exempt.

CBP

Confirms that valid H-1B visa holders can continue to enter and exit without restrictions.

DOS (State Department)

Restriction applies only to visas based on petitions filed after September 21, 2025.
No previously issued visas have been revoked.
The fee is a one-time requirement for new petitions, not renewals.

Exceptions & Exemptions

National Interest Waivers: Case-by-case exemptions may be granted.
Industries/Employers: DHS may exempt individuals, companies, or industries if deemed critical to U.S. national interest.
No impact on H-1B renewals or travel by current visa holders.

Next Steps & Pending Questions

Agencies continue to clarify implementation. Open questions include:

Will visas be issued for renewals, amended petitions, or H-1B1s without the fee?
How will the $100,000 fee be paid, and does it apply to H-4 dependents?
Will cap-exempt employers be subject to the fee?
What proof of fee payment will CBP require at entry?

Berger Berger & Sobieski's Senior Partner Featured on WGRZ Local News

Release Date

Sept 23, 2025

BUFFALO, N.Y. Senior Partner Lee Sobieski Featured on WGRZ Local News

Berger Berger & Sobieski is proud to announce that Senior Partner Lee Sobieski was interviewed by WGRZ Local News to provide clarity on the recently announced $100,000 H-1B visa fee, a policy change that has generated widespread questions among employers and visa applicants.

During the interview, Lee explained that this new fee applies only to new H-1B petitions filed on behalf of individuals outside the United States. Importantly, current H-1B visa holders are not affected — meaning extensions, renewals, and travel under existing visas will continue without the added cost.

Lee emphasized that while the policy does not impact those already in valid H-1B status, it does create serious financial and logistical challenges for employers planning to sponsor new talent from abroad. Companies may need to reassess hiring strategies and budget planning as this requirement goes into effect.

“This policy raises important questions for both employers and skilled workers,” Lee noted during his WGRZ interview. “Our role is to help clients navigate these changes with clarity and confidence, ensuring they can make informed decisions about their workforce and future immigration strategy.”

The interview highlighted the importance of proactive legal guidance as the immigration landscape continues to shift. Berger Berger & Sobieski remains committed to providing up-to-date counsel and advocacy for clients affected by these developments.

For employers and professionals seeking to understand how this change may affect their immigration options, we encourage reaching out to our team directly.
🔗Read the full WGRZ article here

Clarification: $100,000 H-1B Fee Applies Only to New Applications — Existing H-1B Holders Unaffected

Release Date

Sept 21, 2025

Effective September 21, 2025, a new government policy requires a $100,000 payment for certain new H-1B visa petitions filed for individuals outside the United States.

Key Details of the Policy

The $100,000 fee applies only to new H-1B petitions filed after this week.
Current visa holders and renewals are exempt.
The new fee will first impact the upcoming H-1B lottery cycle, which begins in just days.

According to immigration attorneys, the timing of this announcement could have wide-reaching effects on industries such as tech and healthcare, which rely heavily on skilled international workers.

“Let’s be realistic — nobody is going to pay a hundred-thousand dollars to bring a worker from overseas. A lot of them are just going to look to hire people who are either not as qualified or frankly just not qualified for the job,” said Lee Sobieski, Senior Partner at Berger, Berger & Sobieski.

Attorneys also caution current H-1B holders to avoid international travel until further guidance is issued, since reapplying at a consulate could create complications.

Reactions from Lawmakers

Reaction to the proclamation has been sharply divided:

Rep. Nick Langworthy (R-NY) supports the policy, stating it addresses “real abuses” in the program and encourages greater investment in U.S. workers and workforce training.
Rep. Tim Kennedy (D-NY) criticized the move, calling it unfair to both businesses and families:

“No one should have to pay a hundred-thousand dollars to be considered right for a position… To me, it stinks and it’s just unfair… The cost of everything will go up when it comes to business.”

What It Means for Western New York

With both tech companies and healthcare providers heavily reliant on skilled international employees, the new fee may drastically alter hiring practices. Many expect lawsuits to challenge the proclamation, but for now, businesses are left navigating a costly new landscape.

USCIS Announces Strengthened Integrity Measures for H-1B Program

Release Date

01/30/2024

Announces FY 2025 H-1B Cap Initial Registration Period and Online Filing of H-1B Petitions

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced a final rule to strengthen the integrity of and reduce the potential for fraud in the H-1B registration process, including by reducing the potential for gaming the registration system and ensuring each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf. USCIS is also announcing the initial registration period dates for the fiscal year (FY) 2025 H-1B cap, and the launch of an online filing option for Forms I-129, Petition for a Nonimmigrant Worker, and Form I-907, Request for Premium Processing Service, for H-1B petitioners.

“We’re always looking for ways to bolster integrity and curtail the potential for fraud while improving and streamlining our application processes,” said USCIS Director Ur M. Jaddou. “The improvements in these areas should make H-1B selections more equitable for petitioners and beneficiaries and will allow for the H-1B process to be fully electronic from registration, if applicable, until final decision and transmission of approved petitions to the Department of State.”

H-1B Registration Final Rule

This final rule contains provisions that will create a beneficiary-centric selection process for registrations by employers, codify start date flexibility for certain petitions subject to the congressionally mandated H-1B cap, and add more integrity measures related to the registration process.

Under the beneficiary centric process, registrations will be selected by unique beneficiary rather than by registration. This new process is designed to reduce the potential for fraud and ensure each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf by an employer. Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary. The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document.

USCIS is also clarifying requirements regarding the requested employment start date on certain petitions subject to the congressionally mandated H-1B cap to permit filing with requested start dates that are after Oct. 1 of the relevant fiscal year, consistent with current policy.

Additionally, the H-1B final rule codifies USCIS’ ability to deny or revoke H-1B petitions where the underlying registration contained a false attestation or was otherwise invalid. Also under the new rule, USCIS may deny or revoke the approval of an H-1B petition if it determines that the fee associated with the registration is declined, not reconciled, disputed, or otherwise invalid after submission.

USCIS has also announced the Fee Schedule final rule. That rule will go into effect after the initial registration period for the FY 2025 H-1B cap. Therefore, the registration fee during the registration period starting in March 2024, will remain $10.

A new edition of Form I-129 with the H-1B Registration final rule and Fee Schedule final rule changes will soon be available to preview on uscis.gov (edition date 04/01/24). On April 1, 2024, only the 04/01/24 edition of Form I-129 will be accepted.

The H-1B Registration final rule makes final some provisions proposed in the Oct. 23, 2023, Notice of Proposed Rulemaking (NPRM). Note that DHS intends to publish a separate final rule to address the remaining provisions contained in the NPRM.

FY 2025 H-1B Cap Initial Registration Period

The initial registration period for the FY 2025 H-1B cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024. During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.

For more information on the H-1B Cap Season, visit H-1B Cap Season webpage.

Organizational Accounts and Online Filing for Forms I-129 and I-907

On Feb. 28, 2024, USCIS will launch the previously announced new organizational accounts in the USCIS online account that will allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907.

Also on Feb. 28, USCIS will launch online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions. On April 1, USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

Petitioners will continue to have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, during the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.

As a reminder, USCIS recently announced a final rule that will increase the filing fee for Form I-907, to adjust for inflation, effective Feb. 26, 2024. If USCIS receives a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, we will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.

For more information on USCIS and its programs, please visit uscis.gov or follow USCIS on Twitter, Instagram, YouTube, Facebook and LinkedIn.

If you’re an Afghan national who was paroled into the U.S. for humanitarian reasons on or after July 30th, 2021 your filing fees for I-485 may be waived. Processes for work authorization, Green Cards, and other associated services are being streamlined. Let our experienced attorneys help you take advantage of this unique opportunity to move forward in your immigration journey.

Local Filing of Form I-130 Petitions Filed by U.S. Citizens on Behalf of Afghan, Ethiopian, and Ukrainian Immediate Relatives Fleeing Conflict

If you are a U.S. citizen who is physically present overseas with your Afghan, Ethiopian, or Ukrainian immediate family members and have not yet filed an immigrant visa petition with USCIS, you may request to locally file a Form I-130 petition at the nearest U.S. embassy or consulate that processes immigrant visas. This applies only to U.S. citizens affected by the large-scale disruptive events in Afghanistan, Ethiopia, and Ukraine. Such citizens must be physically present in the country where they wish to file petitions. They can request to locally file on behalf of their spouses, unmarried children under the age of 21, and parents who fled Afghanistan after August 2, 2021; Ethiopia after November 1, 2020; or Ukraine after February 1, 2022.

For more information click the link to visit the source article: https://travel.state.gov/content/travel/en/News/visas-news/local-fling-of-form-I-130-petitions-filed-by-u-s-citizens-on-behalf-of-afghan-ethiopian-and-ukrainian-immediate-relatives-fleeing-conflict.html?fbclid=IwAR3v79Rw27aqcw_0DBjwwD34YjrVeSRPXNrbG5XiYTLzhNWMjf33PPVV_o0

U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.

This temporary waiver will help applicants who have been affected by the COVID-19 pandemic and related processing delays, which have sometimes caused delays in completing the immigration medical examination. Temporarily allowing applicants to submit their underlying application for an immigration benefit with a completed Form I-693, even if the civil surgeon signed more than 60 days prior, will allow individuals to complete the application process without the need to undergo another immigration medical examination if Form I-693 is otherwise valid.

The temporary waiver will benefit many applicants, including Afghan nationals evacuated under Operation Allies Welcome who have completed immigration medical examinations at government-run facilities but were not able to apply for adjustment of status within 60 days of the completed examination.

Our attorney Lee Sobieski, Esq. was featured in the 2021 Lawyers of Distinction!

Our attorney, Lee Sobieski, was recently featured in a podcast!

The podcast will go live on Monday, April 19th at 9:00am EST

You can listen to it here: http://www.marketdominationllc.com/sharkpreneur

YouTube: https://youtu.be/cE2nRwpL_74

iTunes: https://podcasts.apple.com/us/podcast/sharkpreneur/id993002971

USCIS Issues Updated Policy Guidance on Criteria for Expedite Requests

RFE’s and NOID’s are having their guidance updated. Basically, 485’s cannot and no longer will be denied, without issuance of an RFE or NOID, so hopefully no need to file endless motions to re-open, for missing things like I-864 info, or medical exams; EAD’s based on adjustment app’s will now be for 2 years, instead of 1, starting immediately; and Info on COVID travel exemptions has been updated.

Important Announcement

The Department of State has issued a form for U.S. citizens and Lawful Permanent Residents (LPR) of the United States and their eligible family members who need assistance regarding the current Russian conflict in Ukraine. Upon submitting this form, please continue to monitor official U.S. government websites, for updated information.

Crisis Intake Form

Call (716) 634-6500 now to see how we can start your immigration journey!