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
5/22/2025
/ Compliance ,
Corporate Counsel ,
Corporate Crimes ,
Department of Justice (DOJ) ,
Employer Responsibilities ,
Enforcement Actions ,
Immigration Enforcement ,
Immigration Procedures ,
Risk Management ,
Whistleblower Awards ,
Whistleblowers
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
5/7/2025
/ Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Responsibilities ,
Executive Orders ,
Federal Contractors ,
Federal Labor Laws ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Regulatory Reform ,
Trump Administration ,
Wage and Hour
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
1/23/2025
/ Border Security ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Immigration Procedures ,
Immigration Reform ,
Refugees ,
Sanctuary Cities ,
United States-Mexico-Canada Agreement (USMCA) ,
USCIS ,
Visas
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 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
2/15/2024
/ Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Job Applicants ,
Lottery ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
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
2/5/2024
/ Cooperation ,
Deferred Action ,
Department of Homeland Security (DHS) ,
Employees ,
Enforcement Actions ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Investigations ,
Labor Law Violations ,
USCIS
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
10/2/2023
/ Administrative Agencies ,
Customs and Border Protection ,
Department of Labor (DOL) ,
Federal Budget ,
Federal Funding ,
Government Shutdown ,
Immigration Procedures ,
Regulatory Agencies ,
Regulatory Agenda ,
US Department of State ,
USCIS
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
9/6/2023
/ Administrative Procedure Act ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
F-1 Visa ,
Foreign Nationals ,
Foreign Students ,
Foreign Workers ,
H-1B ,
Immigrants ,
Immigration Procedures ,
Information Technology ,
OPT ,
Regulatory Violations ,
STEM ,
Visas
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
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
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
7/18/2023
/ E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Florida ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
New Legislation ,
USCIS
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
5/16/2023
/ Asylum ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Infectious Diseases ,
Public Health Emergency ,
Undocumented Immigrants ,
USCIS
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
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
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
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
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
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
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
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
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
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
11/30/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
Immigration Procedures ,
Infectious Diseases ,
International Travel ,
Public Health ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee
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
11/15/2021
/ Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-765 ,
H-4 ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
L-2 Visas ,
Settlement Agreements ,
USCIS
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
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
4/2/2021
/ E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
L-1 Visas ,
Required Forms ,
Temporary Work Visas ,
USCIS