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On Jan. 9, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) will publish a final rule increasing USCIS fees for premium processing.

Premium processing provides expedited processing for certain case types for an additional government filing fee.

In the announcement, USCIS stated that the premium process fee increase reflects the amount of inflation from June 2023 through June 2025. The USCIS Stabilization Act established the authority for DHS to adjust premium processing fees every two years to account for inflation. USCIS stated that the government will use the revenue generated by the fee increase to provide premium processing services, make improvements to adjudication processes, respond to adjudication demands, including processing backlogs, and otherwise fund USCIS adjudication and naturalization services. USCIS last adjusted premium processing in February 2024.

Effective March 1, 2026, requests for premium processing (Form I-907) must include the following updated fees:

FormPrevious FeeNew Fee
Form I-129, Petition for a Nonimmigrant Worker, H-2B or R-1 nonimmigrant status$1,685$1,780
Form I-129, Petition for a Nonimmigrant Worker, all other available Form I-129 classifications: E-1
E-2
E-3
H-1B
H-3
L-1A
L-1B
LZ
O-1
O-2
P-1
P-1S
P-2
P-2S
P-3
P-3S
Q-1
TN-1
TN-2		$2,805$2,965
Form I-140, Immigrant Petition for Alien Worker, employment-based classifications: E11
E12
E13
E21 (NIW and non-NIW)
E31
E32
EW3		$2,805$2,965
Form I-539, Application to Extend/Change Nonimmigrant Status, requesting: F-1
F-2
J-1
J-2
M-1
M-2		$1,965$2,075
Form I-765, Application for Employment Authorization, for certain eligible applications (OPT and STEM-OPT Classifications)$1,685$1,780

The new fees will take effect for filings postmarked on or after March 1, 2026.

On Dec. 2, 2025, USCIS issued a policy memorandum PM-602-0192 directing officers to place an adjudicative hold on

  1. all pending asylum applications (Form I-589), regardless of nationality, and;
  2. most pending immigration benefit requests – such as green cards, adjustment of status, travel documents, naturalization, etc. – filed by nationals of 19 countries designated as “high risk,” regardless of the entry date.

For nationals from above-mentioned 19 “high-risk” countries, the memorandum also mandates a comprehensive re-review of certain previously approved or pending cases if the applicant entered the United States on or after Jan. 20, 2021. This may include re-interviews, additional vetting, identity verification, or further security-based screenings.

The 19 “high risk” countries include: Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

This policy is grounded in Presidential Proclamation 10949 (June 4, 2025), Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, as known as the “travel ban,” and Executive Order 14161 (Jan. 20, 2025), Protecting the United States from Foreign Terrorist and Other National Security and Public Safety Threats, both of which emphasize enhanced national security review of foreign nationals from certain jurisdictions.

Why the Administration Implemented this Policy

The Memorandum cites two recent incidents involving foreign nationals accused of planning and attempting terrorist activity after entering the United States. USCIS notes that gaps in prior screening measures necessitate a broad reassessment of individuals from certain regions.

Impact on Affected Applicants

USCIS acknowledges that the hold and re-review requirements will slow adjudications, even significantly, but asserts that the delay is justified given the national security rationale. Applicants who have pending immigration benefits request may expect delays. The Memorandum also allows USCIS to require interviews for applicants who ordinarily would not need one. Though this policy does not automatically deny applications, adjudications will not resume until USCIS completes its review and issues implementing guidance. Applicants should also be aware that identity-related issues will receive heightened scrutiny. Inability to establish identity or inconsistent documentation may independently trigger ineligibility under the Immigration and Nationality Act (INA).

Practical Considerations for Affected Applicants

Nationals of the 19 “high-risk” countries may wish to:

  • Prepare for extended adjudication timelines;
  • Expect possible requests for re-interviews or additional evidence;
  • Ensure identity documents are complete and consistent; and
  • Consult counsel before international travel, especially where advance parole or re-entry permits are on hold.

Asylum applicants of any nationality should:

  • Monitor for updated operational guidance, which USCIS states will be issues within 90 days; and
  • Acknowledge that no asylum applications will move forward until USCIS lifts the hold.

Takeaways

This Memorandum represents the broadest national-security-based pause on immigration benefits since the “travel ban era.” USCIS states that the hold will remain in effect until lifted by a superseding directive from the USCIS director. It also emphasizes that this policy does not create individual rights or enforceable benefits. Given the scope of the pause, the enhanced security vetting it requires, and its overlap with prior travel ban, this policy may influence adjudications for a considerable period. USCIS has committed to issuing additional operational guidance within 90 days, which will determine how these reviews are implemented in practice and how quickly any movement on pending cases may resume.

In the latest podcast episode of the Immigration Insights Series, hosts Kate Kalmykov and Jennifer Hermansky, shareholders in Greenberg Traurig’s Immigration & Compliance Practice, address the latest challenges and opportunities facing EB-5 investors and regional centers in 2025.

With the Sept. 30, 2026, RIA grandfathering deadline approaching, a surge of investors are seeking to lock in the $800,000 minimum investment before anticipated changes.

The discussion covers the nuances of using loans—including third-party and affiliate financing—and the heightened scrutiny from USCIS on lawful sources of funds.

Kate and Jen also explore installment funding, outlining recent shifts in adjudication trends, aggressive denials, and best practices for documentation and investor preparedness.

The episode concludes with strategies for contesting denials, navigating appeals, and the broader implications for projects and regional centers.

Click here to listen to the full episode.

This week USCIS announced that in a continued effort to upgrade the Systematic Alien Verification for Entitlements (SAVE) program, states may now use SAVE to verify the U.S. citizenship status of those voting in federal elections.

States may now use SAVE to verify voters’ citizenship status using the last four digits of the voter’s Social Security number, as opposed to the previously required nine digits. USCIS spokesman Matthew Tragesser commented, “By allowing states to efficiently verify voter eligibility, we are reinforcing the principle that America’s elections are reserved exclusively for American citizens. We encourage all federal, state, and local agencies to use the SAVE program.”

In response to Executive Order 14248, “Preserving and Protecting the Integrity of American Elections,” this SAVE upgrade aims to allow registered users to create a SAVE case without needing a Department of Homeland Security (DHS) identifier or complete Social Security number. If a voter cannot be identified using their Social Security number, the user agency is prompted to resubmit the search using a DHS-issued identification number or direct the voter to the Social Security Administration to update their record. 

SAVE’s voting initiatives, combined with SAVE’s status verifications for new benefit requests, have together resulted in more than 205 million status verifications in 2025 compared to the 25 million verification queries for all of 2024.

To date, 26 states already have, or are in the process of establishing, a memorandum of agreement for voter verification with SAVE. SAVE is an online service administered by U.S. Citizenship and Immigration Services (USCIS) that provides immigration status and U.S. citizenship information to federal, state, local, territorial, and tribal agencies. SAVE enables registered user agencies to make decisions for applicants seeking benefits and licenses. Approximately 1,200 agencies nationwide use SAVE to support their benefit eligibility and licensing determinations. This includes agencies such as those that provide health care benefits, social security benefits, education grants and assistance, state driver’s licenses and ID cards, and occupational and professional licenses.

This Times of India article discusses new USCIS requests for evidence (RFEs) under the Trump administration that demand a $100,000 H-1B visa fee, creating confusion and concern among employers and visa applicants, especially Indians. Greenberg Traurig Immigration & Compliance Co-Chair Kate Kalmykov notes that the heightened costs and uncertainty may cause companies to reconsider or delay H-1B sponsorships. This development is significant as it may add financial and procedural hurdles to a visa program widely used by skilled foreign professionals.

Read “USCIS Issues Requests for Evidence Demanding $100,000 H-1B Fee; Here’s What it Means for Indians.”

USCIS has released new implementation guidance on the $100,000 supplemental fee established under the Sept. 19, 2025, Presidential Proclamation “Restriction on Entry of Certain Nonimmigrant Workers.” The update provides clarity for U.S. employers and their HR and legal teams: most domestic H-1B filings will not be subject to the new fee, while exceptions for overseas hires will be approved only in extraordinarily rare circumstances.

Effective Date and Scope

The $100,000 fee applies only to new H-1B petitions filed on or after Sept. 21, 2025, for foreign nationals outside the United States who will require visa issuance and initial entry. Petitions filed before that date are not subject to the payment. USCIS confirmed that change of status petitions for individuals already in the United States, as well as amendments, extensions, and change of employer filings, are exempt. This means the majority of H-1B activity, including extensions and transfers filed domestically, may proceed without additional cost or disruption.

An example of an H-1B petition subject to the $100,000 fee would be a new petition filed by a U.S. employer for a software engineer currently residing in India who will require visa issuance and entry to begin employment in the United States. The petition falls within the scope of the fee because the individual is outside the United States and seeking initial H-1B admission. In comparison, an F-1 student residing in the United States whose U.S. employer files an H-1B change of status petition is not subject to the fee. The student is already in the United States and is not applying for visa issuance or entry from abroad, which makes the filing a domestic petition and, therefore, exempt under the new USCIS guidance.

Exception Requests: ‘Extraordinarily Rare’ and Limited in Scope

USCIS announced that the secretary of homeland security will grant exceptions to the $100,000 fee only in “extraordinarily rare circumstances.” Employers must demonstrate that no American worker is available to fill the position, that the H-1B worker’s employment is in the national interest, that the individual poses no threat to the security or welfare of the United States, and that payment of the fee would significantly undermine U.S. interests. All exception requests, including supporting evidence, must be submitted by email to H1BExceptions@hq.dhs.gov. USCIS emphasized that approvals will be granted sparingly and only when all four criteria are met.

Employer Impact and Strategic Considerations

For HR and legal teams, the update may provide meaningful relief and operational clarity. Domestic filings, including routine extensions, amendments, and transfers, may continue without change. However, employers may wish to evaluate overseas hiring plans and budget accordingly for new H-1B petitions requiring visa issuance abroad. Employers may wish to treat exception requests as a last-resort strategy for mission-critical hires, and these should be supported with detailed documentation aligned to USCIS’s four factors. Employers should also monitor forthcoming DHS guidance expected to address payment procedures and confirmation of receipt for exception submissions.

Policy Context

According to DHS and the White House, the purpose of the $100,000 fee is to ensure that H-1B hiring aligns with high-skill, high-wage positions, and to prioritize U.S. workers. The exemption for domestic filings reflects the government’s acknowledgment that employers operating within the United States already comply with prevailing wage, attestation, and labor condition requirements.

Key Takeaway

The USCIS clarification limits the immediate operational impact of the new rule. For some employers, H-1B processes conducted within the United States remain unaffected. The fee primarily targets new petitions for overseas hires, while exception requests will be available only in rare, well-documented cases. Employers may wish to assess overseas hiring needs, model potential costs, and maintain compliance under the evolving H-1B framework.

On Sept. 18, 2025, U.S. Citizenship and Immigration Services (USCIS) published a Federal Register notice announcing the implementation of the 2025 Naturalization Civics Test. This updated version reintroduces the 2020 test format, with modifications, and is designed to assess applicants’ understanding of U.S. history and government.

The new test will apply only to naturalization applications filed on or after Oct. 20, 2025. Applications submitted before that date will continue to be assessed under the 2008 test format, which remains in use during the transition period.

In its notice, USCIS outlines the purpose and legislative foundation of the civics test, emphasizing that U.S. citizenship is the most meaningful immigration benefit the country offers. It confers vital rights and responsibilities, including voting, serving on juries, and defending the Constitution.

The 2025 version expands the question bank to 128 items, increasing the number of questions asked during interviews from 10 to 20, with a passing score of 12 correct answers. Approximately 75% of the questions are derived from the 2008 test, with some carried over verbatim. The remaining 25% are new, while certain questions from the 2008 version have been removed.

In accordance with Section 312(b)(3) of the Immigration and Nationality Act, USCIS continues to offer special consideration for applicants aged 65 or older who have been lawful permanent residents for at least 20 years. These individuals may take a simplified version of the test, consisting of 10 questions selected from a designated pool of 20, with a passing score of 6 correct answers.

The reimplementation of the 2020 test reflects a broader policy shift, aligned with Executive Order 14161, which President Donald Trump issued on Jan. 20, 2025. The directive instructed the secretary of homeland security to evaluate immigration programs for their effectiveness in promoting assimilation, civic preparedness, and attachment to American principles.

Historically, the 2020 test was in effect from Dec. 1, 2020, to April 30, 2021, before being replaced by the 2008 version on Feb. 22, 2021. The 2025 test marks a return to the 2020 format, with procedural and content updates.

A key modification in the 2025 test is its administration protocol. Unlike the 2020 version, where officers asked all 20 questions regardless of outcome, the 2025 version allows officers to stop once the applicant answers 12 correctly (pass) or 9 incorrectly (fail). This change streamlines the interview process while maintaining the test’s rigor. The test remains oral, with no multiple-choice options.

Some applicants will not be subject to the new test until at least three months after the notice, as it applies only to applications filed on or after Oct. 20, 2025. USCIS has released updated study materials and encourages applicants to verify which version of the test applies based on their filing date.

In its announcement, USCIS described the 2025 Naturalization Civics Test as the first in a multi-step overhaul of American citizenship standards, signaling that additional updates may follow in the coming months.

At this time, no changes have been made to the English language components of the naturalization test, which include reading, writing, speaking, and comprehension.

On Aug. 29, 2025, U.S. Citizenship and Immigration Services (USCIS) issued Policy Alert PA-2025-19, announcing a shift in how filing fees must be paid. Beginning Oct. 28, 2025, USCIS will no longer accept paper checks or money orders. Instead, all fees must be paid electronically, either by credit card using Form G-1450, or via ACH debit using the newly introduced Form G-1650.

Features of ACH Payments

The transition to ACH payments brings several key changes to employers who sponsor foreign national employees:

  • Greater reliability: ACH payments are less prone to loss or delay compared to paper checks, offering a more secure, traceable transaction.
  • Faster processing: Electronic funds clear more quickly, reducing the risk that payment delays will lead to filing rejections.
  • Improved audit trail: ACH records are electronically stored and easy to retrieve, simplifying compliance tracking.
  • Reduced administrative burden: Employers no longer need to manage multiple paper checks for filing fees, cutting logistical complexity.

Potential Concerns to Monitor

Employers may encounter pitfalls as this policy rolls out:

  • System stability: As USCIS implements its ACH platform, temporary glitches (including failed transactions or formatting errors) may occur.
  • Form accuracy: Mistakes on Form G-1650 (or G-1450) may lead to rejected filings. Even small mistakes, such as a mistyped account number, could disrupt critical filings subject to strict timing requirements.
  • Refund and reconciliation clarity: Employers await clear guidance on how USCIS will handle refunds for rejected or withdrawn filings under the new system, and how those will be documented.
  • Cash flow management: High-volume ACH debits could strain bank accounts if not carefully coordinated and scheduled.

Transitional Considerations

  • Paper payment exemptions: Until Oct. 28, 2025, employers with extenuating circumstances may submit Form G-1651 to request permission to continue using paper checks. While the threshold for granting such exemptions may be high, this short-term flexibility could be relevant for certain cases.
  • Public feedback: USCIS is accepting public feedback on this policy change through Sept. 29, 2025, signaling a phased and consultative rollout.

Receipt Numbers and Payment Timing

An ACH debit is not the same as a USCIS receipt number. While the debit will appear with your bank, sometimes within one business day, USCIS does not issue a receipt number as soon as the ACH clears. A receipt number is assigned once the petition package is accepted into its system. Thus, for employers, the bank debit represents interim proof of payment, not confirmation that the case has been receipted.

Looking Ahead

USCIS’s move to electronic payments is part of a broader modernization effort aimed at improving efficiency, transparency, and security. While ACH payments may offer enhanced reliability and stronger recordkeeping, employers should consider monitoring performance, ensuring internal controls, and staying flexible throughout the transition phase.

In an Aug. 15 policy memo, USCIS issued new guidance on how it will evaluate “good moral character” (GMC) for naturalization applicants.

USCIS is moving away from a checklist-style review toward a more rigorous, holistic, and comprehensive assessment. The goal is to ensure that applicants granted U.S. citizenship are not only free from disqualifying acts but also demonstrate positive attributes and contributions to society. 

Background

  • Pre-1990: GMC determinations considered both negative and positive factors, viewing legal bars as minimum disqualifiers. USCIS officers weighed evidence like community service, family responsibilities, and rehabilitation.
  • Post-1990: Changes in immigration law (including the expansion of “aggravated felony” definitions and fixed bars for certain offenses) led to a more mechanical, exclusionary approach, focusing mainly on the absence of statutory disqualifications.

Current Legal Standard

  • USCIS applies the “preponderance of the evidence” standard to N-400 applications. This means that applicants must demonstrate it is more likely than not that they have met all the naturalization requirements.
  • There are unconditional, permanent bars (e.g., murder, aggravated felonies, genocide) and conditional bars (e.g., controlled substance violations, repeated DUI, fraud).
  • USCIS officers consider all relevant evidence – positive and negative – when evaluating the applicant’s GMC.
  • GMC should reflect character “commensurate with the standards of average citizens” in the applicant’s community.

What Are the Key Changes in Evaluating GMC?

  1. Totality of Circumstances:
    • USCIS officers must assess not only the absence of wrongdoing, but also positive behaviors and contributions.
    • The evaluation should be holistic, considering the applicant’s full history and current lifestyle.
  2. Emphasis on Positive Attributes:
    • Factors such as sustained community involvement, family responsibility, educational achievements, stable employment, lawful residence, and financial responsibility (including tax compliance) will be weighed favorably.
  1. Higher Scrutiny of Disqualifying Behavior:
    • Permanent and conditional bars are still enforced.
    • Officers will look for other social questionable behaviors contrary to community standards, even if technically lawful, such as habitual reckless driving, repeated traffic offenses, social misconduct, or harassment.
    • Documentation and questioning may be used to clarify circumstances of questionable acts.
  2. Consideration of Rehabilitation:
    • Evidence of genuine reform (e.g., fulfilling family obligations, complying with court orders, community testimony, mentoring, repaying debts or taxes) may support GMC findings and rebut repeated offenses.
    • Applicants are expected to present their “full story” to demonstrate alignment with community ethical standards.

USCIS is restoring a more nuanced, comprehensive GMC standard for naturalization. Officers will consider both adverse and favorable factors, giving greater weight to an applicant’s positive contributions and rehabilitation, not just the absence of disqualifying conduct. Applicants might expect more thorough background reviews that go beyond criminal record checks, as well as potential delays if the USCIS officer requires additional documentation to evaluate the applicant’s moral character.

On Aug. 19, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its policy manual to provide guidance on how USCIS officers should exercise discretion when reviewing immigration benefit requests. Specifically, the guidance clarifies that USCIS officers will carefully consider an applicant’s entire immigration record and weigh both positive and negative factors before making a decision on whether to grant an immigration benefit. This update specifically emphasizes considerations related to any involvement in anti-American or terrorist organizations, past requests for parole, and antisemitic activity.

The updated policy also provides guidance on how USCIS officers should exercise discretion when adjudicating EB-5 investor petitions in cases involving threats to national interest, fraud, deceit, misrepresentation, and criminal misuse.

Key Highlights:

  • Negative Discretionary Factors: USCIS will assign “overwhelmingly” negative weight to any past conduct supporting terrorist organizations, promoting anti-American ideologies, and endorsing antisemitic terrorism or related ideologies.
  • Anti-American Activity: USCIS has expanded social media vetting to include reviews for anti-American activity. Any support, promotion, or endorsement of anti-American ideologies or organizations will be considered an overwhelmingly negative factor.
  • Association with Terrorist or Antisemitic Groups: Any involvement with or support for terrorist organizations, antisemitic terrorism, or related ideologies will have significant negative impact.
  • Past Parole History: USCIS will consider whether prior parole requests were made in good faith and in compliance with applicable laws and policies in effect at the time.  
  • EB-5 Investor Petitions: USCIS specifically noted that it will apply discretion in cases involving threats to national interest, fraud, deceit or misrepresentation, and criminal misuse. This will apply to both standalone and regional center investor petitions.

The new guidance is effective immediately and applies to all cases pending or filed on or after Aug. 19, 2025, and supersedes any related prior guidance.

For more detailed information, please refer to USCIS policy alert.