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DOJ Expands Corporate Whistleblower Program to Include Immigration Law Violations

The stakes for non-compliance with federal immigration law have just increased exponentially. On May 12, 2025, the U.S. Department of Justice’s Criminal Division unveiled its new White Collar Enforcement Plan (“Enforcement...more

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

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

How Will a Possible 2023 Government Shutdown Impact U.S. Immigration?

In anticipation of a possible 2023 government shutdown this weekend, many employers are wondering how a shuttering of U.S. government agencies for budgetary reasons could impact or delay their U.S. immigration processing,...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

What Does the End of Title 42 and I-9 Flexibility Mean for Employers?

U.S. immigration policy and the Biden administration’s response to the ongoing migration crisis have been hot topics in the news. We break down potential considerations for employers as the pandemic-era immigration policy...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

Curricular and Optional Practical Training: A Primer on Employment Opportunities for Students with an F-1 Visa

Foreign students studying towards a degree program in the U.S. and maintaining a valid F-1 status can apply their theoretical knowledge and gain invaluable experience in their respective fields/major of study through training...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

U.S. Department of State Announces More Flexible National Interest Exemptions for Students and Academic Travelers

On April 26, 2021, the U.S. Department of State issued updated guidance on “National Interest Exceptions for Certain Travelers from China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland,” which should...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

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