What’s new and why it matters: The last month has brought a myriad of immigration updates – because nothing says “happy new fiscal year” (Oct. 1) like a little Washington chaos.
We’ve seen an on-again/off-again E-Verify, a coalition lawsuit over the new $100,000 H-1B fee, Department of Labor (DOL) systems going dark during the shutdown, a proposed restart of initial Deferred Action for Childhood Arrival (DACA) filings (with a Texas twist), litigation-driven Temporary Protected Status (TPS) Venezuela extensions affecting I-9s, the U.S. Department of State’s (DOS) nudge to interview in one’s home country and the Federal Motor Carrier Safety Administration’s tighter commercial driver’s license (CDL) rules for nonimmigrants. Below, we translate the noise into what employers need to do next.
H-1B $100,000 Fee: Coalition Lawsuit Filed, U.S. Chamber Opposes (No Suit Yet)
On Oct. 3, a broad coalition filed Global Nurse Force et al. v. Trump et al., No. 4:25-cv-08454 (N.D. Cal.), seeking to block the presidential proclamation that adds a $100,000 fee to each new H-1B petition. The suit argues the order exceeds the Immigration and Nationality Act (INA), violates the Administrative Procedure Act and should be enjoined while litigation proceeds.
On Oct. 16, the U.S. Chamber of Commerce – the nation’s largest business organization representing companies of all sizes – filed its own challenge in the U.S. District Court for the District of Columbia (DDC) in Chamber of Commerce of the United States of America v. United States Department of Homeland Security et. al., No. 1:25-cv-03675, calling the fee unlawful because it bears no relation to adjudication costs and skipped required rulemaking. The Chamber warns the fee would hit tech, health care, higher education and manufacturing employers and disrupt cap-season planning.
Why it matters: When the Chamber sues, courts and agencies take notice. The group has a track record in high-skill immigration litigation, including the 2020-21 case that led to vacatur of the Department of Health and Human Services' H-1B “lottery rule.” A DDC ruling on preliminary relief could arrive before the March lottery and directly shape Q4/Q1 filing strategy.
Employer takeaway: Plan your budget and sequence offers on the assumption the fee could be enjoined – or not – on short notice. Build contingencies into Q4/Q1 filing plans and monitor both the DDC Chamber case and the Northern District of California coalition case so you can pivot quickly on petition strategy and vendor agreements.
Government Shutdown: Ultra-Quick Employer Brief
During the current shutdown, immigration operations are uneven. The Department of Labor’s Office of Foreign Labor Certification/Foreign Labor Application Gateway systems are offline – no Labor Condition Applications (LCA), Program Electronic Review Management (PERM) filings or prevailing wages. So, any H-1B/E-3/H-1B1 matter that needs an LCA is paused.
U.S. Citizenship and Immigration Services (USCIS) (fee-funded) is largely open but slower, with possible interview/ceremony delays. E-Verify is currently online. State Department consulates generally continue visa/passport services, but some posts may scale back and wait times can stretch. Customs and Border Protection ports are open and Immigration and Customs Enforcement (ICE)/Student and Exchange Visitor Program core functions continue. Executive Office for Immigration Review is, unusually, keeping nondetained dockets moving, though local conditions can change – check each court’s status.
Do now:
- Adjust start dates and set expectations with hiring managers.
- Clear your E-Verify backlog, keep creating new cases and document good faith efforts if timing falls outside the three-business-day rule.
- Finalize LCA/PERM inputs so you can file day one when DOL reopens.
- Add buffer time to international travel/stamping; prefer home-country interviews where possible.
- Save proof of shutdown-caused disruptions (screenshots, system notices) for any I-129 extensions/changes. When operations resume, file promptly with a cover note – USCIS has previously accepted late I-129s where the shutdown was the primary reason for untimely filing.
E-Verify is Back (for Now)
After USCIS suspended E-Verify Oct. 1, the system came back online the evening of Oct. 7. Employers should immediately clear any backlogged queries and resume creating cases for new hires; related functions (new accounts, closing cases, Tentative Nonconfirmations) appear operational. USCIS has not yet posted formal guidance on whether the three-business-day submission clock is tolled for cases you couldn’t create during the outage, so document your efforts and watch for updates.
DACA Initial Filings Poised to Resume (Outside Texas)
Subject to court approval, the government has proposed restarting initial DACA processing for the first time since 2021, with a Texas-only limitation. Texas residents could receive deferred action but no work authorization. Employers should anticipate a potential influx of new Employment Authorization Documents (EAD) outside Texas and train onboarding teams to carefully review EAD validity and state of residence. For Texas operations, be aware that work authorization may not accompany deferred action.
TPS Venezuela: Litigation Whiplash and I-9 Reverification
Following recent court orders, USCIS updated guidance indicating certain Venezuelan TPS holders – particularly those who re-registered under the Jan. 17 notice for the 2023 redesignation – receive automatic EAD extensions through April 2, 2026. EADs tied to the 2021 designation with “card expires” dates of Sept. 9, 2022, March 10, 2024 or Sept. 10, 2025 are extended through Nov. 7, 2025.
For I-9 reverification, accept TPS EADs (A-12/C-19) with those dates and follow the M-274. Don’t specify which documents employees must present, and keep dated printouts of the USCIS page with the I-9 as contemporaneous evidence.
Consular Practice Shift: “Interview in Your Home Country”
DOS announced on Sept. 6 that U.S. nonimmigrant visa applicants should schedule interviews in their country of nationality or residence and published designated posts for certain nationals. While the underlying regulations still allow consular discretion, posts are already tightening third-country national (TCN) appointments, imposing longer waits, and – in some cases – declining to interview or denying under INA §214(b). Plan visa stamping in home countries when possible, build extra time into travel and prepare applicants to document strong ties when interviewing outside their residence country.
CDLs for Nonimmigrants: New DOT/FMCSA Rule
Effective Sept. 29, the U.S. Department of Transportation’s interim final rule restricts non-domiciled CDL/Commercial Learners Permit (CLP) issuance to individuals in lawful employment-based nonimmigrant status (e.g., H-1B, L-1, O-1, E-2). Workers relying only on an EAD (e.g., TPS, asylum, DACA, pending Adjustment of Status) are no longer eligible.
Expect states to pause or slow CDL/CLP processing while they retool systems, require Systematic Alien Verification for Entitlements checks and align document rules. Expirations must now match the I-94 (or one year, whichever is sooner). Employers with drivers should confirm credential eligibility, plan for renewal delays and keep CDL review separate from I-9 workflows to avoid discrimination risk. Public comments are due Nov. 28.
Need help navigating this? If you have questions about how these developments affect your workforce strategy, onboarding timelines or compliance posture, contact the Warner Immigration Team. We’re tracking these changes in real time and can help you prioritize filings, budget for contingencies and keep your talent plans on track.
