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The Littler Annual Employer Survey Report - May 2025

Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and...more

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

New Administration Likely to Result in Increased I-9 Audits and Raids

The new administration is likely to have a profound impact on immigration law and enforcement come January 20. As worksite enforcement and general immigration compliance issues were a primary focus of the Trump...more

Illinois Guidance Finds Law Does Not Prohibit Private Employers from Using E-Verify

The Illinois Department of Labor (IDOL) has just issued some much-needed guidance, through Frequently Asked Questions (FAQs), on whether enrollment and use of E-Verify is prohibited in Illinois for private employers that do...more

Ten Employment Issues For Labor Day

The past year has brought sweeping changes to the world of work. Federal agencies finalized rules on minimum wage and overtime exemptions, union representation elections, pregnancy accommodations, OSHA inspections, and...more

USCIS Announces Upcoming H-1B Cap Lottery Dates and New Beneficiary-Centric Selection Process

USCIS has officially announced the dates for the fiscal year (FY) 2025 H-1B cap lottery, which will open on Wednesday, March 6, 2024 at noon ET and end on Friday, March 22, 2024, at noon ET. This annual lottery is meant to...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

Changes in the New Form I-9, Employment Eligibility Verification

On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which may be used now but must be used for all new hires and rehires...more

USCIS Announces Alternative Procedure for Completion of Form I-9 – Permanent Virtual Verification

In an ever-evolving digital landscape, the United States Citizenship and Immigration Services (USCIS) has given employers a new option for verifying employment eligibility. On July 21, 2023, the USCIS announced a final rule,...more

Florida Agency Provides Some Guidance on State’s New Immigration Law (SB1718)

The state of Florida recently enacted legislation that will have a significant impact on employers across the state. Senate Bill 1718 (SB1718), which Governor Ron DeSantis signed into law on May 10, 2023, requires private...more

How Will Florida’s New Immigration Law Affect Private Employers?

On May 10, 2023, Florida Governor Ron DeSantis signed into law a new immigration bill (SB 1718) that will make sweeping changes for private employers with 25 or more employees.  Passed by the Florida Senate on April 28, 2023...more

USCIS Clarifies Guidance on O-1B Extraordinary Ability Visa Eligibility and Updates USCIS Policy Manual

On March 3, 2023, the U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance, Evaluating Eligibility for O-1B Visa Category, which describes new updates made to the USCIS Policy Manual. The new USCIS...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

USCIS Announces Efforts to Increase Efficiency and Reduce Burdens

The U.S. Citizenship and Immigration Services (USCIS) has announced that the agency will undertake three efforts to increase efficiency and reduce burdens within the legal immigration system. ...more

USCIS Provides Updated Work Authorization Documentation Guidance for Certain Nonimmigrant Spouses

In November 2021, the U.S. Citizenship and Immigration Services (USCIS) announced it would recognize nonimmigrant spouses of those holding E and L visas as employment authorized incident to their valid status. Qualified E and...more

USCIS Now Processing AOS-Based EAD and AP Applications Separately

When filing for an adjustment of status (AOS), which enables individuals to apply for a Green Card while still present in the United States, applicants may simultaneously apply for an employment authorization document (EAD)...more

State Department Temporarily Waives In-person Interview Requirement for Certain Visas

During the past two years of the pandemic, federal agencies such as the Department of Homeland Security and the Department of State have taken measures to accommodate their services and facilitate the issuance of visas in the...more

H-1B Cap Season is Fast Approaching

It’s that time of the year again: the H-1B cap season is around the corner! On January 28, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that the registration period for Fiscal Year 2023 will open at noon...more

Biden Administration Issues New Executive Order to Restrict International Travel in Response to Omicron Variant of COVID-19

Between January 25, 2020 and February 29, 2020, the former administration issued three separate executive orders restricting travel from China, South Africa, Brazil, the Republic of Ireland, the United Kingdom, and the...more

USCIS Settlement Agreement Will Expand Work Eligibility Authorization for L-2 and H-4 Visa Holders

Following months of crisis-level processing times for Form I-765 Applications for Employment Authorization on behalf of dependent spouses in L-21 and H-42 nonimmigrant visa status, the U.S. Citizenship and Immigration Service...more

Biden Administration Allows COVID-Related Temporary Worker Visa Ban to Expire and Issues New I-9 Flexibility Extension Through May...

The Biden administration decided to let a highly publicized temporary worker visa ban expire on March 31, 2021. Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S....more

Biden Administration Unveils Immigration Reform Bill

Last week, President Biden’s comprehensive immigration reform proposal, the U.S. Citizenship Act of 2021, was introduced in the House and Senate. As officials in the administration initially reported, the provisions for the...more

White House Lifts COVID-19 Executive Order that Banned Entry on Certain Permanent Immigrant Visas

On February 24, 2021 President Biden officially lifted restrictions on entry to the United States stemming from former President Trump’s Proclamation 10014 of April 22, 2020 (“Suspension of Entry of Immigrants Who Present a...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

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