Immigration Watch: Updates as of November 25, 2025

This issue of Immigration Watch examines two significant immigration policy developments: the expanded authority of U.S. consular officers in visa adjudications and the impact of the new $100,000 H-1B application fee on the already strained U.S. public education system.

Both changes could have far-reaching consequences for immigrant families, employment-based visa applicants, and school districts across the country.

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Expanded Authority for U.S. Consular Officers in Visa Adjudications

Under new guidance issued by the Trump Administration, consular officers at U.S. embassies and consulates worldwide now have broader discretion to determine whether visa applicants are inadmissible to the United States.

The expanded authority allows officers to consider additional factors, including:

• Age
• Health status
• The likelihood that an applicant may rely on government-funded medical care

While the guidance applies broadly across visa categories, it is expected to most significantly affect applicants and their dependents seeking lawful permanent residence.

Expanded Medical Evaluations During Visa Processing

Historically, medical evaluations during the visa process focused primarily on vaccination compliance and screening for communicable diseases such as tuberculosis.

The new guidance significantly broadens the scope of medical review. In addition to infectious diseases, consular officers may now consider:

• Cardiovascular conditions
• Respiratory diseases
• Diabetes
• Cancer
• Other chronic or long-term medical conditions

The directive instructs officers not only to evaluate existing health conditions but also to assess the potential for future medical issues and possible reliance on public benefits.

This shift raises important legal and procedural questions. Consular officers are not medical professionals, yet they are now tasked with evaluating complex health risks and projecting hypothetical future outcomes.

Critics argue that this approach may conflict with the U.S. Department of State’s Foreign Affairs Manual, which cautions against denying visas based on speculative “what if” scenarios.

At this time:

• It is unclear whether the new guidance applies to all pending visa applicants or only to applications filed after the effective date.
• The full directive has not been publicly released.

As additional information becomes available, further clarification is expected regarding implementation and scope.

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$100,000 H-1B Fee Expected to Worsen Teacher Shortages in Public Schools

The recently announced $100,000 fee on new H-1B visa petitions is raising serious concerns among public school districts nationwide, particularly in rural and underserved communities.

According to an October 2025 National Education Association (NEA) data brief:

• More than 500 K-12 public school districts employ over 2,300 H-1B visa holders.
• These educators help address severe teacher shortages, especially in specialized fields.

Impact on Rural and Underserved Communities

Teacher shortages have been especially acute in rural districts.

During the 2020–2021 school year:

• 57 percent of rural schools reported difficulty or inability to fill critical teaching vacancies.
• By comparison, 36 percent of urban schools reported similar challenges.

The shortage is particularly severe for:

• Special education teachers
• STEM educators
• Specialized instructional roles

Many STEM graduates pursue higher-paying roles in corporate or technology sectors rather than entering K-12 education, leaving districts dependent on international recruitment.

Why H-1B Visas Matter for Public Education

H-1B visas are often preferred over J-1 exchange visas for foreign educators because they:

• Allow longer stays in the United States
• Provide greater employment stability
• Offer a clearer pathway to long-term employment and potential permanent residence

However, the new $100,000 H-1B fee could make international recruitment financially unfeasible for many public school districts, particularly those with limited budgets.

District leaders have expressed concern that:

• The fee may eliminate access to qualified foreign educators.
• Staffing shortages may worsen in already struggling regions.
• Students in underserved communities will be disproportionately affected.

Public schools are currently seeking a national-interest exemption from the new H-1B fee requirement. Some districts are also exploring alternative immigration pathways, such as EB-2 National Interest Waivers, as long-term solutions for retaining highly qualified teachers.

As immigration policy continues to shift, foreign educators have expressed growing uncertainty about their ability to remain in the United States.

Readers can review the full NEA Data Brief on H-1B Visas in Public School Districts for additional details.

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Conclusion: Monitoring Immigration Policy Developments

The expansion of consular officer authority and the implementation of a $100,000 H-1B application fee represent significant changes in U.S. immigration policy.

These developments could affect:

• Green card applicants and their families
• Employers filing employment-based visa petitions
• Public school districts facing staffing shortages
• Foreign professionals seeking long-term stability in the United States

Staying informed is critical as policies evolve and implementation details become clearer. Department of Homeland Security, the Department of Labor, USCIS, and federal courts.

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If you have questions about how these policy changes may affect you or your organization, contact our office for guidance tailored to your situation. To read more about what I’ve written about today and more, you can subscribe to my bi-weekly LinkedIn newsletter, Immigration Watch.