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Trump Administration Day 1 Immigration Agenda: How Are Employers Impacted?

On Monday, January 20, the first day of the new presidential term, President Donald Trump issued a flurry of new executive orders related to immigration action items. Many of these orders address humanitarian and southern...more

U.S. Admits Qatar to Visa Waiver Program (VWP)

The United States has announced that Qatar will soon be officially admitted to the U.S. Visa Waiver Program (VWP), allowing visa-free travel to the United States by Qatari citizens for up to 90 days. Per the Final...more

DHS Announces Special Immigration Protection for Workers Who Help in Labor and Employment Agency Investigations

The Department of Homeland Security (DHS) has recently announced a streamlined process for foreign workers to request deferred action. Deferred action is a type of prosecutorial discretion to defer removal action...more

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations

The U.S. Department of Homeland Security (DHS) has announced a centralized process whereby undocumented workers who are victims of, or witnesses to, violations of labor rights (including workers’ rights surrounding wage...more

H-1B Cap Selection Process Update – DHS Postpones Effective Date of Final Rule

The U.S. Department of Homeland Security (DHS) will delay the effective date of a rule issued two weeks prior to the end of the Trump administration that seeks to change how H-1B “specialty occupation” visa applications are...more

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

U.S. Agencies Issue Interim Final Rules with Major H-1B Reforms for Legal Definition of Specialty Occupation Workers and Wage...

The U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) have released two new interim final rules affecting immigration. Both rules immediately impact skilled foreign workers in the H-1B specialty...more

U.S. Agencies Agree to Share Information in New Enforcement Initiative Targeting H-1B and Immigrant Workers

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) have jointly announced a new initiative to share data and records on immigrant and nonimmigrant petitions and workers....more

Bar on Online-Only Nonimmigrant Students Faces Court Scrutiny

National universities and states across the country filed multiple federal lawsuits this week seeking to invalidate and enjoin implementation of the Student and Exchange Visitor Program’s (SEVP) Fall 2020 COVID-19 Guidance,...more

Supreme Court Rules in Favor of DACA

The U.S. Supreme Court on June 18, 2020, blocked the Trump administration’s attempt to rescind the DACA program, which protects hundreds of thousands of immigrants brought to the United States as children from potential...more

USCIS Announces COVID-19 Temporary Policy for List B Identity Documents

The U.S. Department of Homeland Security has announced new guidance for Form I-9 completion, including implementing a temporary policy for acceptance of List B expired documents in response to the COVID-19 pandemic. List B...more

DHS Issues Notice of Arrival Restrictions for Travelers Returning from Impacted Countries

On March 13, 2020, Department of Homeland Security (DHS) Acting Secretary Chad F. Wolf issued a Notice of Arrival Restrictions providing guidance on how American citizens, lawful permanent residents, and their immediate...more

E-Verify is Back in Operation, but Post-Shutdown Delays and Concerns Remain

E-Verify, the electronic immigration system that employers use to confirm employees’ eligibility to work in the United States, has resumed operation. E-Verify was unavailable during the longest federal government shutdown in...more

USCIS and DOJ Partner to Protect U.S. Workers from Hiring Policies that Favor Foreign Visa Workers

The U.S. Department of Justice (DOJ) and the Department of Homeland Security (DHS) have partnered to establish a framework to efficiently manage and maintain information sharing to better detect and eliminate fraud, abuse,...more

New Presidential Proclamation Restricts Travel from Eight Countries

On September 24, 2017, President Donald Trump issued a “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats”...more

Congressional Spending Bill Reauthorizes Important Immigration Programs

On May 4, 2017, Congress passed an appropriations bill to fund the federal government through Fiscal Year 2017. The bill also extended four immigration programs through September 30, 2017. These programs are E-VERIFY, the...more

DOJ Appeals Injunction of President's New Executive Order Banning Nationals from Certain Countries

The U.S. Department of Justice (DOJ) has appealed one of the two federal court injunctions issued in response to President Trump's revised travel ban executive order. This executive order, Protecting the Nation from Foreign...more

E-Verify Records Will Soon Be Purged

This is a reminder that, as of March 31, 2017, employers will not have access to E-Verify records that were created on or before Dec. 31, 2006. E-Verify is an internet-based system that compares information from the...more

President Trump Signs New Executive Order on Immigration Policy

On March 6, 2017, President Donald Trump released a revised executive order entitled Protecting the Nation from Foreign Terrorist Entry into the United States (the “Order”) following legal challenges to the preceding order...more

Dear Littler: Does an Employer Have to Report Discrepancies Identified in Old I-9 Forms?

Dear Littler: A former employee recently reapplied for an open position at our company. In reviewing the new-hire paperwork, we noticed that her social security number did not match the one we had on file previously. Her new...more

Temporary Restraining Order Halts the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

On February 3, 2017, federal Judge James Robart issued a temporary restraining order (TRO) halting President Trump’s January 27, 2017, executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into...more

Updates and Guidance on the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more

What Does the President's Executive Order Blocking Foreign Nationals From Seven Countries Mean for Employment-Based Visas?

On January 27, 2017, President Trump signed an executive order (among others) titled: “Protecting the Nation from Foreign Terrorist Entry into the United States” (the “Order”). The Order purports to “suspend entry” of both...more

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