New H-1B USCIS Guidance and Critical Travel Advisory for H-1B/H-4 Employees

December 16, 2025

Please note the following important updates regarding recent federal guidance on the H-1B visa program as well as new travel and visa-processing risks that may impact H-1B employees and their H-4 dependents. All employees, particularly those who hold or supervise individuals in H-1B status, should review the information below carefully.

USCIS Releases New Guidance on H-1B Visa Fee-Increase Proclamation

USCIS has issued updated guidance on the presidential proclamation requiring a $100,000 fee for certain H-1B petitions filed on or after Sept. 21, 2025.

Who Is Subject to the Fee

The $100,000 fee applies only to:

  • New H-1B petitions filed on or after Sept. 21,
  • Beneficiaries outside the U.S., and
  • Individuals who do not currently hold a valid H-1B visa.

The fee does not apply to:

  • Petitions filed before Sept. 21,
  • Approved petitions,
  • Individuals with a currently valid H-1B visa,
  • Renewal petitions,
  • Or petitions for amendments, changes of status, or extensions filed for individuals inside the United States, provided USCIS approves the requested status.

If USCIS determines a beneficiary is not eligible for a requested change of status or extension, the fee will be required.

Critical Travel Alert for H-1B Employees and H-4 Dependents

Effective Dec. 15, 2025, the U.S. Department of State expanded its online presence review to all H-1B and H-4 visa applicants. Consular officers will review applicants’ public social media activity and broader online footprint as part of an enhanced security vetting process. Employees are being instructed to make their social media profiles public to facilitate this review.

Due to this enhanced security screening, travelers may experience delays in:

  • Visa appointments at U.S. embassies/consulates,
  • Processing times for visas, and
  • Re-entry into the U.S. by Customs and Border Protection (CBP).

For CBP inspection policies, visit cbp.gov. Polices regarding electronic device search can be found here.

To check visa wait times, visit travel.state.gov. Updates on U.S. visa interview waivers can be found here.

In connection with this rollout, U.S. consulates in certain countries have begun unilaterally rescheduling H-1B and H-4 visa interviews that were originally set on or after Dec. 15, 2025, often postponing them by several months and citing “operational constraints.” Biometrics appointments may not be rescheduled in sync with the interviews, creating unpredictable timing gaps. In some cases, applicants with older fee receipts are being blocked from rescheduling and must repay fees and restart the visa process.

If an employee (faculty or staff) is subject to this Operational Constraint process, they may be stranded abroad, face a significantly delayed return to the U.S., and create substantial disruption to project timelines. Any H-1B/H-4 employee who departs the U.S. and requires visa stamping now faces an elevated risk of extended delay and additional scrutiny.

Note that if you are stranded abroad, an International Alternate Work Location (IAWL) request and approval may not be possible. Accordingly, you may have to be placed on leave without pay until the Operational Constraint process has been resolved.

Travel Reminders for H-1B Employees

Required Documents for International Travel

If a petition to change your status (F-1, J-1, etc.) to H-1B is pending with USCIS, it is critical that you do not travel out of the U.S. Doing so would be considered abandonment of your petition and result in an approval with consular notification. This would trigger the recently announced $100,000 fee which Texas A&M University System Members cannot support.

Before traveling outside the U.S., please ensure you have the following documents:

  • Valid Passport (verify passport validity requirements for the countries you will visit)
  • I-797 Approval Notice (if applicable)
  • I-129 Petition (if our office filed for your non-immigrant status, you can download the petition from your Tracker profile)
  • Employment Verification Letter (for TN status holders)
  • Valid U.S. Visa in the status you will be maintaining
    • Do not enter the U.S. on a B-1/B-2 visitor visa or under the Visa Waiver Program, as this will prevent you from resuming employment.
    • If you need to apply for a new U.S. visa, you must do so at a U.S. consulate in your country of citizenship.
    • Please note that your I-797 approval notice is not a visa stamp and cannot be used in place of one. If your visa stamp has expired, will expire on the day you return to the U.S., or if you have changed your nonimmigrant status, you must obtain a new visa stamp from a U.S. consulate. You are responsible for scheduling your visa appointment at the consulate
  • Valid visa(s) for destinations for which you do not have citizenship. You are responsible for determining whether a visa is required for all countries you will visit or transit through.

Upon Return to the U.S.

  • Check your I-94 record online for accuracy (status and admit-until date).
  • Notify Immigration Affairs immediately if the record does not match your I-797.
    • Remaining in the U.S. beyond the I-94 expiration date may result in unlawful stay and immigration-related complications.

Domestic Travel

For travel within your county, always carry proof of your immigration status, as required by law for foreign nationals 18 years and older. We recommend saving a screenshot or carrying a printed copy of your most recent I-94.

For travel outside your county and especially near U.S. borders, carry the following documents:

  • Passport
  • I-797 Approval Notice (if applicable)
  • Most Recent I-94 (printed or saved electronically)

General Reminders

  • Maintain Your Non-Immigrant Status – Guidelines for H-1B, O-1, TN, and E-3 compliance are available on our website.
  • Rely on Official Sources – Avoid misinformation from social media or unverified reports.
  • Safeguard Your Documents – If you lose your I-797 approval notice, please notify Immigration Affairs immediately. We will need to request a duplicate notice from USCIS, and you will be responsible for any associated fees. Please note that USCIS may take several months to issue the replacement approval notice.

If you have questions about how these updates may impact your situation, please contact Immigration Affairs. We encourage all H-1B and H-4 visa holders to carefully assess travel plans and stay informed as additional federal guidance is issued.