Posted in: Vinay Malik | November 23, 2025
VKM Law Group is advising clients that the U.S. Department of State (DOS) has initiated a significant procedural change affecting the B-1 in lieu of H-1B nonimmigrant visa category. U.S. embassies and consulates are now required to forward all such applications to the DOS Visa Office in Washington, D.C., for mandatory secondary review prior to issuance. This institutional shift underscores a heightened governmental concern regarding the appropriate use of this specialized classification. What is the B-1 in Lieu of H-1B? This category permits certain foreign professionals to undertake short, specialized work assignments in the United States while remaining on the payroll of...
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Posted in: Vinay Malik | October 31, 2025
In the wake of President Trump’s September 19, 2025 Proclamation imposing a $100,000 filing fee on certain new H-1B petitions, USCIS has issued formal guidance clarifying how and when this steep fee will apply. While the update answers some of the most pressing employer concerns, key uncertainties remain—particularly around the payment process and narrow exception criteria. Here’s a full breakdown of what the guidance says, and what employers should do next. Summary: Who Must Pay the $100,000 H-1B Fee? According to the new USCIS guidance issued this week, the $100,000 fee applies only to a limited subset of H-1B petitions, specifically: ✅ Applies To: ...
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Posted in: Vinay Malik | October 31, 2025
The U.S. Department of Homeland Security (DHS) has issued an interim final rule that changes how Employment Authorization Document (EAD) renewals are handled. Effective October 30, 2025, DHS will end the automatic extension of EADs for certain noncitizens who file renewal applications, with a renewed focus on enhanced vetting and national security protections. What This Means Under the new rule, noncitizens applying to renew their Employment Authorization Documents will no longer receive automatic extensions once their renewal is filed. Instead, each renewal will be reviewed individually, allowing U.S. Citizenship and Immigration Services (USCIS) to conduct more frequent background checks and strengthen fraud...
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