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Dear Readers,

Welcome back to NawLaw News, where we bring you updates and announcements from the Firm, as well as the latest news in the rapidly changing U.S. immigration world. With President Trump’s second term, there’s no been no shortage of activity, including frequent policy changes and ongoing legal battles. Let’s get you caught up!

US Supreme Court Won’t Review Rule Allowing H-1B Holders’ Spouses to Work

The U.S. Supreme Court has declined to review a challenge to the 2015 rule that allows certain spouses of H‑1B visa holders to work in the U.S. under the H‑4 visa program, meaning the lower-court ruling upholding the rule remains in effect. The rule permits H-4 spouses of H-1B holders who are on the path to permanent residence to obtain employment authorization. The challenge, brought by the advocacy group Save Jobs USA, argued that federal immigration law did not authorize such work-rights for H-4 visa holders. The U.S. Court of Appeals for the D.C. Circuit had previously found that the U.S. Department of Homeland Security (DHS) had the authority under the Immigration & Nationality Act to issue the rule. With the Supreme Court’s decision to pass, eligibility for work authorization by eligible H-4 holders remains unchanged, providing certainty for affected families and employers. Observers note that while this preserves the current framework, DHS retains the ability to propose changes through rulemaking in the future.

USCIS Clarifies Who Must Pay The $100,000 Fee for H-1B Visas

The U.S. Citizenship and Immigration Services has introduced a new $100,000 fee for certain H‑1B visa petitions, specifically for beneficiaries outside the U.S. who have no current H‑1B visa and whose petition is filed on or after September 21, 2025. The fee must be paid by the employer submitting the petition, not the worker. Existing H‑1B visa holders in the U.S. filing for extensions, amendments, or changes of employer are exempt from the fee. Petitions submitted from within the U.S., such as those switching from F‑1 student status to H‑1B, are also generally exempt. The fee is intended to discourage employers from hiring foreign workers in place of U.S. workers, but experts warn it could reduce the use of the H‑1B program and make international hiring more difficult. Industry observers are concerned that the high cost may have a chilling effect on smaller companies that rely on international talent.

Immigrants Will Now Pay $1,000 While Seeking Parole in the US

The Department of Homeland Security will begin requiring most noncitizens granted parole under federal immigration law to pay a $1,000 fee starting October 16, 2025. The charge will apply to individuals receiving initial parole, re-parole extensions, parole in place for those already in the U.S., and parole granted upon release from government custody. The fee will be due only after a parole request is approved, not at the time of application submission. Limited exemptions exist for humanitarian or public benefit situations, such as medical emergencies, organ donors, and certain returning applicants seeking adjustment of status. The payment is in addition to other immigration filing and biometric fees and will be collected by different branches of the Department of Homeland Security depending on the case. Legal experts warn that the new rule could financially burden migrants seeking temporary legal entry while raising questions about accessibility for those in urgent humanitarian situations.

US Probing Immigration Applicants Social Media to Identify “Anti-American” Activity that’s “Beyond the Pale” Official Says

The U.S. Citizenship and Immigration Services (USCIS) has begun conducting social media screenings of immigration applicants to identify what the agency calls “anti-American” activity, according to Director Joseph Edlow. A directive issued in August states that evidence of anti-American views or actions may be considered a major negative factor when deciding whether to grant immigration benefits. Edlow clarified that the policy does not target ordinary political opinions but focuses on expressions of support for violence, terrorism, or the overthrow of the U.S. government. The social media review is not meant to be the sole deciding factor in application outcomes but is now one of several factors that officers must consider. Critics and legal experts warn that this new practice could suppress free speech and allow for subjective or overly broad interpretations of what constitutes “anti-American” behavior. The change reflects a broader emphasis within USCIS on enhanced vetting and fraud detection as part of its immigration review process.

We Found that More Than 170 US Citizens Have Been Held by Immigration Agents. They’ve Been Kicked, Dragged and Detained for Days.

ProPublica’s investigation revealed that more than 170 U.S. citizens have been wrongfully detained by federal immigration agents, though no official record system tracks these incidents. Many of those detained were held for over a day without access to a lawyer or the ability to contact family members, and nearly 20 of them were children, including some with serious medical conditions. The cases fall into two main categories: citizens questioned about their citizenship and citizens arrested for allegedly interfering with immigration operations, most of which ended without charges. Examples include a citizen with a valid REAL ID who was still detained and a 79-year-old veteran held for three days despite serious injuries and no access to counsel. While the Department of Homeland Security insists that it does not target U.S. citizens, the report raises doubts about that claim. Civil rights advocates argue that the lack of oversight and accountability leaves citizens vulnerable to wrongful detention during immigration enforcement actions.

Senators Demand Linda McMahon ask DHS to Stop Immigration Enforcement Near Schools

A group of Democratic U.S. senators sent a letter to Linda McMahon, head of the Department of Education, asking her to urge the Department of Homeland Security (DHS) to halt immigration-enforcement actions around schools. The senators cite serious concerns that enforcement operations conducted by U.S. Immigration and Customs Enforcement (ICE) near school grounds—such as in Chicago—are jeopardizing student safety and disrupting classroom environments. They argue that such operations are inconsistent with the idea of “common-sense policing” around educational institutions and reference a previously revoked policy that restricted enforcement near schools, hospitals and churches. The letter demands that McMahon press DHS Secretary Kristi Noem to reinstate those protections for sensitive locations. DHS responded by denying that ICE targets schools, saying media reports are creating a false climate of fear. The issue illustrates growing tension between federal immigration enforcement priorities and advocates who argue for a protective buffer around institutions where children are present.

Exciting Events at NawLaw: Stay Informed and Engaged!

Congratulations to our NawLaw Clients who’ve Received their Green Cards and Work Permits! 🎉 

We’re so proud to be part of your journey and celebrate this huge milestone with you!

Here’s to new beginnings and endless opportunities!

🌟🌟🌟🌟

Neil and Colleague, Gary Clewley, Pictured at NawLaw Office, Continuing Their Commitment to Excellence in Legal Service!

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Courts blocked Trump’s National Guard deployments and federal worker layoffs. Supreme Court upheld H-4 visa work rights. Lawsuit challenge... See more

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USCIS launched a new asylum fee system but advises applicants to wait before paying. A judge blocked Trump from sending the National Guard... See more

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