U.S. IMMIGRATION UPDATE: Changes to Visa Processing & Naturalization Test

Visa Applicants Now Must Apply in Home Country or Country of Residence 

Visa applicants must apply and interview at the U.S. Embassy or Consulate in their country of nationality or residence, limiting the ability of third country national applications. Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations (i.e. Russia, Venezuela, Ukraine) must apply at the designated post, unless their residence is elsewhere. See the full list here.

Visa Interviews Required for Most Applicants – Waiver Eligibility Limited

The Department of State now requires all nonimmigrant visa applicants, including applicants under the age of 14 and over the age of 79 who would previously be exempt from an in-person appearance, to appear for an in-person interview with a consular officer except for the following limited situations:

• Applicants classifiable under the visa symbols A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1;

• Applicants for diplomatic- or official-type visas;

• Applicants renewing a B-1, B-2, B1/B2 visa or Border Crossing Card/Foil (BBBCC/BBBCV for Mexican applicants) within 12 months of the prior visa’s expiration when the prior visa was issued for full validity at the time of issuance and the applicant was at least 18 years old;

• Applicants renewing an H-2A visa within 12 months of the prior visa’s expiration when the prior visa was issued for full validity at the time of issuance and the applicant was at least 18 years old.

To be eligible for an interview waiver, applicants must also meet certain criteria, including that he or she:

• apply in his or her country of nationality or usual residence (except diplomatic and certain official visa applicants);

• have never been refused a visa (unless such refusal was overcome or waived); and

• have no apparent or potential ineligibility.

• Consular officers may still require in-person interviews on a case-by-case basis for any reason.

Applicants should check embassy and consulate websites for more detailed information about visa application requirements and procedures, and to learn more about the embassy or consulate’s operating status and services.

New H-1B Fee of $100,000 Implemented

Effective September 21, 2025, pursuant to President Trump’s Proclamation entitled “Restriction on Entry of Certain Nonimmigrant Workers”, which requires a $100,000 payment to accompany any new H-1B visa petitions submitted as of the effective date.

USCIS confirmed that the Proclamation:

• Does not apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.

• Does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.

• Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.

USCIS also announced that further steps will be taken to reform the H-1B program, as contemplated in the Proclamation in the coming months, including:

• A rulemaking by the Department of Labor to revise and raise the prevailing wage levels in order to upskill the H-1B program and ensure that it is used to hire only the best of the best temporary foreign workers.

• A rulemaking by the Department of Homeland Security to prioritize high-skilled, high-paid aliens in the H-1B lottery over those at lower wage levels.

Updated Naturalization Test to be Implemented

Effective October 20, 2025, USCIS will reinstate a harder citizenship test that contains more complex questions than the current version, as part of The Trump Administration’s intention to tighten of the legal pathways to settle in the U.S. Applicants who filed or file their Form N-400 before Oct. 20, 2025, will take the existing 2008 naturalization civics test. Applicants who file their Form N-400 on or after Oct. 20, 2025, will take the new 2025 naturalization civics test. The 2025 test is an oral test consisting of 20 questions from the list of 128 civics test questions, and applicants must answer 12 questions correctly to pass. The listing of 128 possible questions can be found here.  

USCIS has already announced several changes, including restoring robust vetting for all aliens and stricter reviews of disability exceptions to the English and civics requirements. USCIS has also provided officers guidance on assessing aliens’ good moral character, looking for positive contributions to American society instead of a mere absence of bad behavior. The agency is also resuming neighborhood investigations to ensure that aliens meet statutory requirements and are worthy of U.S. citizenship. Other recent policies include clarifying that unlawfully voting, unlawfully registering to vote, and making false claims to U.S. citizenship disqualify aliens from showing good moral character.

DISCLOSURE: This publication is intended for informational purposes only and is not intended to provide legal advice.