Last Week in Immigration: Paywalls, Paperwork & Policy Whiplash
- Milow LeBlanc
- Oct 20
- 3 min read
A weekly round-up of the biggest, need-to-know immigration news — from policy shakeups to visa bulletin updates — with a PERM perspective for employers and law firms navigating the labor certification landscape.
Chamber of Commerce Sues Trump Over $100,000 H-1B Visa Fee
The U.S. Chamber of Commerce has filed a lawsuit challenging the Trump administration’s unprecedented $100,000 H-1B visa fee, calling it unlawful and beyond presidential authority. Critics argue the fee would effectively price out small and mid-sized employers, giving large corporations a monopoly on high-skilled foreign talent. Data cited in the suit underscores how high-skilled immigration drives innovation and supports U.S. job growth particularly in STEM sectors.
The PERM Takeaway: If high-skilled visas become financially prohibitive, employers will likely shift long-term hiring strategies toward green card sponsorships under the PERM process. With increased barriers to temporary visas, expect more companies to invest early in permanent labor certification pathways to secure critical talent.
November 2025 Visa Bulletin: Minor Family-Based Shifts, No Employment Changes
The State Department’s November Visa Bulletin brought little movement across employment-based categories. All EB-1 through EB-5 categories remain frozen from October, signaling continued backlog and limited visa number availability. Family-based categories saw only slight fluctuations, with F-2A retrogressing a month and F-2B advancing two months.
The PERM Takeaway: Employers sponsoring foreign workers should prepare for longer wait times in the green card process. Strategic workforce planning including earlier recruitment advertising and job posting, can help offset delays in priority date advancement.
EB-1A Demand Holds Steady as NIW Approvals Drop to 54%
USCIS data shows strong EB-1A activity in 2025 filings up 50% year-over-year, but approval rates have fallen to a three-year low of 67%. Meanwhile, National Interest Waiver approvals dropped sharply to 54%, as USCIS tightened scrutiny and issued more RFEs. O-1 visas, by contrast, continue to perform well with over 90% approval rates.
The PERM Takeaway: As adjudications tighten for self-petition categories like EB-1A and NIW, employer-sponsored PERM cases become increasingly attractive for foreign nationals seeking stability and predictability. Employers that maintain active PERM programs will continue to be competitive magnets for top global talent.
U.S. Revokes Visas Over Social Media Comments Criticizing Charlie Kirk
In an unprecedented move, the administration revoked the visas of six foreign nationals for online comments deemed to “celebrate” the death of political commentator Charlie Kirk. The State Department has doubled down on its monitoring of foreign nationals’ social media activity, echoing broader crackdowns on student protests and speech related to Israel and Gaza.
The PERM Takeaway: This signals increased government scrutiny of foreign nationals’ online presence. Employers should ensure employees understand visa compliance extends beyond the workplace. Social media behavior can now influence immigration outcomes. Education and caution are key in maintaining status integrity.
Los Angeles Declares State of Emergency Over ICE Raids
Los Angeles County declared a state of emergency following a surge in ICE raids, citing widespread fear and economic disruption. The move allows county officials to deploy emergency aid including legal services and rent support for affected residents. Local leaders emphasized protecting immigrant communities and the stability of the regional workforce.
The PERM Takeaway: For employers in affected areas, workforce continuity and employee trust are at stake. Employers relying on immigrant labor should double down on compliance, documentation, and open communication to reassure staff and maintain lawful operations amid heightened enforcement activity.
First U.S. Flight Carrying Third-Country Deportees Lands in Guatemala
The Trump administration launched its first deportation flight carrying both Guatemalan nationals and foreign nationals to Guatemala under a new expanded removal policy. The initiative reflects growing use of “safe third-country” agreements, potentially redirecting asylum seekers and deportees to nations beyond their origin countries.
The PERM Takeaway: Such enforcement strategies add instability to migration routes and global labor mobility. For U.S. employers, that translates to continued uncertainty in workforce planning emphasizing the value of maintaining steady, lawful sponsorship channels through PERM and employment-based green card processes.
Supreme Court Declines Challenge to H-1B Spouses’ Work Permits
The Supreme Court declined to hear a case that aimed to strike down H-4 EADs, preserving the Obama-era rule allowing spouses of H-1B workers to continue working. The decision safeguards work authorization for tens of thousands of professionals, particularly women in the tech industry.
The PERM Takeaway: This decision protects vital dual-income households and supports talent retention in key industries. For employers, it means continued access to a skilled, work-authorized population — a reminder that supportive immigration policy isn’t just humanitarian, it’s economically strategic.
🧭 Closing Thoughts
In a week defined by lawsuits, enforcement, and slow progress, the immigration landscape remains a balancing act between restriction and reform. For employers navigating talent shortages, the PERM process continues to stand out as a stable, predictable, and strategic route to long-term workforce growth even as the broader system wavers.
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