The United States Customs and Immigration Service (UCIS) has provided additional information concerning the recent increase in the H1-B visa fee. Two lawsuits have been filed challenging the legality of the fee increase. The Trump Administration has created a new benefit option that would allow employers to provide fertility benefits directly to employees.  The Senate Committee on Health, Education, Labor, and Pensions (HELP) held an oversight hearing on federal labor laws. The Senate confirmed nominees at the Department of Labor (DOL) who will  serve as the administrator of the Wage-Hour Division and the Solicitor of Labor.

H-1B Visa Update – President Trump issued a proclamation increasing the fee for H-1B visas, effective September 21, 2025, to $100,000. According to the United States Customs and Immigration Service (UCIS), the proclamation does not apply to any previously issued H-1B visas or any petitions submitted prior to September 21, 2025. Any holder of a H-1B visa is allowed to travel in and out of the US. The increased fee also does not apply to those visa holders seeking a change of status or extension of stay. The Treasury Department has provided a link to the H-1B Visa Payment to Remove Restriction Form that needs to be completed.

The United States Chamber of Commerce has filed a lawsuit challenging the increase in the fee on H-1B visa petitions. In the case, Chamber of Commerce of the United States of America v. United States Department of Homeland Security, which was filed in the US District Court for the District of Columbia, the Chamber of Commerce contends that the increased fee violates the Immigration and Nationality Act’s requirement that the fees be based on the costs incurred by the government in processing visas. According to Neil Bradley, Executive Vice President and Chief Policy Officer at the Chamber of Commerce, “The new $100,000 visa fee will make it cost-prohibitive for U.S. employers, especially start-ups and small and midsize businesses, to utilize the H-1B program, which was created by Congress expressly to ensure that American businesses of all sizes can access the global talent they need to grow their operations here in the U.S.” Another lawsuit, Global Nurse Force v. Donald J. Trump has been filed in the US District Court for the Northern District of California challenging the new H-1B visa fee.

A bipartisan group of members of the House of Representatives sent a letter to President Trump and Howard Lutnick, Secretary of Commerce agreeing that the H-1B visa program needs to be improved but expressing concern that the increased fee will “create significant challenges for U.S. employers and overall weaken our competitiveness.”

Administration Announces Employees Can Receive Fertility Benefits – The Trump Administration has announced the creation of a new benefit option that will allow employers to offer fertility benefits directly to employees, similar to what is done for dental and vision benefits. According to a White House fact sheet, “This solution addresses the sparse coverage of fertility for hard-working American families and increases options for small- and medium-size employers to offer fertility benefits.”

The Departments of Labor, Health and Human Services, and the Treasury have issued guidance concerning how employers can offer these benefits as excepted benefits that are exempt from the regulations governing regular health insurance plans. The three departments announced that they plan to issue proposed regulations providing “additional ways that certain fertility benefits may be offered as a limited excepted benefit, if certain conditions are met.”

Senate Committee Holds Labor Law Hearing – The Senate Committee on Health, Education, Labor, and Pension Committee (HELP) held an oversight hearing on “Reforming Labor Law, Strengthening Workers’ Rights.” Senator Bill Cassidy, HELP Committee chair, observed that many of the labor laws were enacted almost 100 years ago. He called on Congress to “update labor laws for businesses, unions, and workers to make our nation competitive in a 21^st century economy.”

Among the witnesses was Vincent Vernuccio, President, Institute for the American Worker who recommended that Congress reform the labor laws to “create a system that protects workers’ rights, ensures accountability for employers and unions, and reflects the diversity and dynamism of the modern workforce.” He noted that different administrations have modified the rules for determining when a worker is an independent contractor creating confusion and uncertainty. He believes that labor laws need to be updated to “reflect the realities of today’s workforce by preserving the independence that millions of workers value, while providing greater access to workplace benefits that work best for them and their families.”

Also testifying was Mary Turner, RN, President of National Nurses United, a union representing 225,000 nurses. She called on Congress to pass the Protecting the Right to Organize (PRO) Act. She believes this Act would “restore workers’ rights, strengthen collective bargaining, and provide real consequences for employers who violate the law, giving nurses and all workers the legal tools to organize safely and effectively.”

DOL Appointments Confirmed – The Senate has confirmed Andrew Rogers to be the Wage-Hour Administrator at the Department of Labor (DOL). The Wage-Hour Division enforces several laws including the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). At his confirmation hearing, Mr. Rogers stated, “I am committed to a strategic approach that emphasizes transparency, fairness, and collaboration. That includes providing clear, reliable information to workers and employers alike, using data to drive enforcement, and engaging with stakeholders to make informed policy decisions.” He worked previously as the Acting General Counsel at the Equal Employment Opportunity Commission (EEOC), at the Wage-Hour Division, and at the law firm of Littler Mendelson PC.

The Senate also confirmed Jonathan Berry to be the Solicitor of Labor. The Solicitor of Labor serves as the primary legal advisor to the Secretary of Labor and other DOL officials and represents the DOL in litigation. Mr. Berry worked previously at the DOL as Principal Deputy Assistant Secretary for Policy, at the Department of Justice as Counsel to the Assistant Attorney General, and as managing partner at Boyden Gray, PLLC.

Neil Reichenberg is the former executive director of the International Public Management Association for Human Resources. He is an attorney, a frequent writer and speaker on public policy and human resource issues, and an adjunct faculty member at George Mason University. For questions or additional information, contact Reichenberg at neilreichenberg@yahoo.com.