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Gilani Law Firm 
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EB-5 Visa Update 2025: Lower Fees, New Forms & Big Opportunities

10/29/2025

 
Good news for EB-5 investors! The Department of Homeland Security (DHS) has proposed major updates that could make the EB-5 process smoother and more affordable.

Lower EB-5 Filing Fees
DHS plans to reduce filing fees for most EB-5 forms. The change lets the Immigrant Investor Program Office (IPO) keep its own fee revenue instead of funding other USCIS programs—helping streamline operations and potentially speed up processing.

New & Updated Forms
  • New Form I-527: For investors who filed I-526 before March 15, 2022, allowing continued eligibility if their regional center or project was terminated.
  • Updated Form I-829: Dependents of a deceased investor can now file together under one petition.

Integrity Fees & Oversight
All regional centers—new or previously approved—must pay integrity fees, with only a small inflation adjustment proposed. DHS is also refining how “investors” are defined for fee calculations.

Key Dates
Public comments are open until December 22, 2025, and final fee changes will take effect 60 days after publication.

What It Means for You
Lower fees and increased IPO staffing could mean faster, more efficient EB-5 processing ahead. With strong demand in rural and high-unemployment areas, now is a great time to prepare your EB-5 strategy.

Call Our Office Today
Thinking about an EB-5 investment or green card application? Contact our office for a free consultation — our experienced EB-5 attorneys will guide you through the process and help you take advantage of the new opportunities.

No More Automatic EAD Extensions: File Early to Stay Authorized — DHS Interim Final Rule Effective Oct 30, 2025.

10/29/2025

 
The Department of Homeland Security (DHS) has issued a new interim final rule that ends automatic extensions of Employment Authorization Documents (EADs) starting October 30, 2025.

What’s Changing
  • No more automatic 180-day work authorization while renewal applications are pending.
  • Applies to most EAD renewal categories filed on or after Oct 30, 2025.
  • Exceptions: Only for extensions required by law or through a Federal Register notice (e.g., Temporary Protected Status – TPS).

Why It Matters
DHS says the change strengthens screening and vetting before extending work authorization. USCIS Director Joseph Edlow stated: “Working in the U.S. is a privilege, not a right. This rule ensures proper vetting before extending employment authorization.”

What You Should Do
  • File your EAD renewal early — up to 180 days before expiration.
  • Late filings may cause gaps in work authorization since auto-extensions are ending.
  • EADs automatically extended before Oct 30 remain valid under prior rules.

Who’s Affected
  • Adjustment of Status applicants (Form I-485)
  • H-4, L-2, E-dependent spouses
  • TPS, DACA, asylees, refugees, and others

Need Help?
​
Our office can assist with EAD renewals, ensuring timely, compliant filings under the new DHS policy. Avoid costly lapses — contact us today to file early and stay work-authorized.

Resource
  • www.federalregister.gov/public-inspection/2025-19702/removal-of-the-automatic-extension-of-employment-authorization-documents

USCIS Clarifies Scope of $100,000 H-1B Proclamation Fee

10/29/2025

 

 U.S. Citizenship and Immigration Services (USCIS) issued new guidance clarifying how the $100,000 H-1B fee, imposed under the Presidential Proclamation of September 19, 2025 titled “Restriction on Entry of Certain Nonimmigrant Workers”, will apply. This policy represents one of the most significant cost changes in employment-based immigration to date.

Who Must Pay
  • New H-1B petitions filed on or after September 21, 2025 for beneficiaries outside the U.S. without a valid H-1B visa.
  • Petitions requesting consular notification or port-of-entry notification, even if the beneficiary is inside the U.S. at the time of filing.
  • Some change-of-status, amendment or extension petitions if USCIS determines the beneficiary is ineligible (e.g., out of status or departs the U.S. before adjudication).

Who Is Exempt
  • H-1B petitions filed before September 21, 2025 — beneficiaries continue visa/entry processing under prior rules.
  • Holders of valid H-1B visas issued prior to the date, with a valid I-797 approval notice.
  • In-country amendments, changes of status or extensions filed and approved for beneficiaries already in the U.S. — travel abroad and re-entry after approval will not automatically trigger the $100 K fee.

Payment Rules
Employers must pay the fee before filing the petition. Proof of payment via pay.gov must be included with the filing. Petitions that fall under the proclamation but are submitted without payment or exception proof will be denied.

Exception Requests
Limited exceptions may be granted by the Department of Homeland Security (DHS) only if all of the following are demonstrated:
  1. The worker’s presence is in the national interest.
  2. No U.S. worker is available for the role.
  3. The worker poses no security or welfare risk.
  4. Requiring payment would undermine U.S. interests.
    Requests must be submitted to [email protected]. USCIS emphasizes these will be extraordinarily rare.

Key Takeaways
  • In-country filings (amendments, extensions, changes) are not subject to the fee if approved.
  • Beneficiaries of approved in-country petitions may travel and apply for visas without paying the fee — though travel risk remains due to consular uncertainty.
  • The fee will primarily affect new overseas H-1B beneficiaries in FY 2026 and beyond.
  • The rule may also impact individuals who cannot extend or change status in the U.S., and those nearing the six-year H-1B limit dependent on leaving the U.S. and re-entering.
  • Exception relief exists but will apply very narrowly.

Litigation and What to Watch
The proclamation is already subject to legal challenge:
  • The case Global Nurse Force v. Trump (filed 3 Oct 2025, N.D. Cal.) argues that the fee exceeds presidential authority under the Immigration and Nationality Act (INA) and violates the Administrative Procedure Act (APA). 
  • ​Additional litigation by the U.S. Chamber of Commerce (filed Oct 16 2025) also challenges the fee as unlawful.
  • Key point: Until a court issues a ruling or injunctive relief, the $100,000 fee remains in effect.
​
Resource
  • https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

new “2025 Naturalization Civics Test”

10/29/2025

 
USCIS has rolled out the new “2025 Naturalization Civics Test” for applicants who file Form N-400 on or after October 20, 2025.

Under the previous version (often referred to as the 2008 version), applicants were asked up to 10 oral questions selected from a 100-question pool and needed to correctly answer 6 to pass.

Under the new 2025 version:
  • The question pool has expanded to 128 questions. 
  • During the interview the officer may ask up to 20 questions. 
  • To pass, an applicant must answer at least 12 correctly. 
  • The test ends when the applicant either achieves 12 correct answers or has 9 wrong answers (which means no longer eligible to reach 12 correct). 
  • The English-language portion remains unchanged; the changes are confined to the civics (history + government) portion.

For applications filed before October 20, 2025, the applicant will take the older 2008 version. 

Resource
  • https://www.uscis.gov/citizenship-resource-center/naturalization-test-and-study-resources/2025-civics-test

Most REcent instructions for all nonimmigrant visa applicants scheduling visa interview appointments - 09/06/2025

9/10/2025

 
As of September 6, 2025, the Department of State has updated its instructions for all nonimmigrant visas (NIV) applicants scheduling visa interview appointments at U.S. Embassies and Consulates.

These instructions are:

1) NIV applicants should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence. This suspends Third Country National processing.  

2) NIV applicants from the following countries must apply at the designated locations unless residence elsewhere:
 
NATIONAL OF ----- DESIGNATED LOCATION(S)

Afghanistan ----- Islamabad
Belarus ----- Vilnius, Warsaw
Chad ----- Yaoundé
Cuba ----- Georgetown
Haiti ----- Nassau
Iran ----- Dubai
Libya ----- Tunis
Niger ----- Ouagadougou
Russia ----- Astana, Warsaw
Somalia ----- Nairobi
South Sudan ----- Nairobi
Sudan ----- Cairo
Syria ----- Amman
Ukraine ----- Krakow, Warsaw
Venezuela ----- Bogota
Yemen ----- Riyadh
Zimbabwe ---- Johannesburg

https://travel.state.gov/content/travel/en/News/visas-news/adjudicating-nonimmigrant-visa-applicants-in-their-country-of-residence-sep-6-2025.html

USCIS ModernizeS Fee Payments

9/5/2025

 
Great news! USCIS now allows you to pay your fees directly using electronic debit. You will need a U.S. bank account for this option. To do this, just complete and sign Form G-1650 (Authorization for ACH Transactions) and submit it with your application or petition. Until October 28, 2025, USCIS will still accept checks, money orders, credit cards (Form G-1450), and bank debits (Form G-1650).
This new payment option is part of an effort to speed up processing and reduce issues with lost or fraudulent payments.

After that, only credit card and bank debit payments will be accepted.

A few things to keep in mind:

  • Make sure your bank account has enough funds.
  • If you don’t have a U.S. bank account, you can still use Form G-1450 with a credit or prepaid card.
​
For more info, visit: uscis.gov

https://www.uscis.gov/newsroom/news-releases/uscis-to-modernize-fee-payments-with-electronic-funds

August 27th, 2022

8/27/2022

 

August 27th, 2022

8/27/2022

 

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​​The content on this website is provided for general informational purposes only and is not to be construed as legal advice. Visitors should not act or rely upon any information contained in this website and should always seek the advice of an attorney before acting. The owner of this website is a law firm authorized to practice law in Texas, Illinois, and New Mexico.

​For our immigration practice, we service clients throughout the United States and overseas. 

Our team proudly serves our clients in multiple languages: Farsi, Spanish, Hindi, Marathi, and Gujarati
​
Gilani Law Firm, PLLC makes no promises or representations that it can obtain the same or similar results in other legal matters as may be reported in cases on this website. The transmission of an e-mail and/or contact form does not alone create an attorney-client relationship. Please do not send any confidential and/or sensitive information unless and until requested to do so. ​​
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