News & Analysis as of

Foreign Workers Compliance Immigration Reform

Whiteford

Employment Law Update: EEOC Announces Shift in Combatting Employment Discrimination

Whiteford on

The U.S. Equal Employment Opportunity Commission (EEOC) recently signaled a new focus on protecting American workers from unlawful national origin discrimination by employers who prefer non-American workers, such as “illegal...more

Constangy, Brooks, Smith & Prophete, LLP

H-1B cap lottery season starts Friday! Seven things employers need to know

It’s that time of year! Registration for the H-1B cap lottery for Fiscal Year 2026 will begin the day after tomorrow: Friday, March 7. Here are seven things that employers need to know....more

ArentFox Schiff

Key Changes to the H-1B Visa Program: Self-Employment, Lottery Exemptions, Cap-Gap Approvals, and Site Visits

ArentFox Schiff on

The H-1B is the most common work visa for foreign nationals in professional-level jobs in the United States. Effective January 17, there is a new H-1B “modernization” rule which introduced some significant changes and...more

Mayer Brown

How Employers Can Navigate the Legal Ramifications of the DOJ’s New Directives for Immigration Enforcement

Mayer Brown on

AT A GLANCE On February 5, 2025, Attorney General Pamela Bondi issued a series of internal memoranda directing the Department of Justice (DOJ) to implement policy priorities of the Trump Administration. Several of these...more

Stevens & Lee

H-1B Modernization Rule Takes Effect: Repercussions of Job Changes for H-1B Employers and Employees

Stevens & Lee on

On Jan. 17, 2025, U.S. Citizenship and Immigration Services (USCIS) regulations focusing on the H-1B nonimmigrant classification (a nonimmigrant status for foreign workers in specialty occupations) went into effect. In part,...more

Mintz - Employment Viewpoints

Navigating Changing Immigration Policies: Workplace Implications

President Donald Trump has swiftly signed several immigration-related executive orders and implemented other immigration initiatives since his inauguration. These executive orders and policy changes have the stated intent to...more

Nilan Johnson Lewis PA

DHS Partially Vacates 2024 Temporary Protected Status Decision for Haiti

Nilan Johnson Lewis PA on

On February 24, 2025, the Department of Homeland Security (DHS) published a notice in the Federal Register partially vacating the July 1, 2024 extension and redesignation of Haiti for Temporary Protected Status (TPS)...more

Jackson Lewis P.C.

Venezuelan TPS Update: What Employers Should Know About Expiration of EADs for 2023 Designation

Jackson Lewis P.C. on

Announced in a Federal Register notice published Feb. 5, 2025, DHS Secretary Kristi Noem decided not to extend the 2023 Venezuela Temporary Protected Status (TPS) designation. That designation will expire April 7, 2025....more

Offit Kurman

What to Expect in the 2025 H-1B Season

Offit Kurman on

The 2025 H-1B Cap Season is upon us, along with a new administration. There will likely be numerous changes at United States Citizenship and Immigration Services (USCIS) regarding policy and regulation, but in the immediate...more

Gibney Anthony & Flaherty, LLP

Plan Now for FY 2026 H-1B Cap Registration: What Employers Need to Know

U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2026 H-1B cap from March 7, 2024 to March 24, 2025. Employers seeking to register employees...more

Harris Beach Murtha PLLC

Is Your House in Order? A Guide to Immigration Worksite Enforcement

With our increasingly global workforce, it’s critical to have awareness of both the legal aspects of onboarding foreign hires and the cultural, “human” aspects of a diverse global workplace. Managing a multi-national...more

Jackson Lewis P.C.

Rescinded Biden Immigration Executive Orders: What Employers Need to Know

Jackson Lewis P.C. on

As many expected, President Donald Trump has not only issued Executive Orders (EOs), but he has also rescinded many EOs issued by the Biden Administration concerning immigration, including the following: “The Restoring Faith...more

Jackson Lewis P.C.

Hong Kong Residents Protected By New Deferred Enforced Departure Directive

Jackson Lewis P.C. on

President Joe Biden is extending Deferred Enforced Departure (DED) for 24 months through Feb. 5, 2027, for any Hong Kong resident (regardless of country of birth) currently living in the United States....more

Littler

Penalties for DHS Immigration-Related Violations Rise Again in 2025

Littler on

As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Homeland Security Immigration & Customs Enforcement (ICE), through the Federal Register, announced increases for penalties...more

Alston & Bird

Navigating Compliance Risks Under the 2025 Trump Administration

Alston & Bird on

Our Immigration Team provides key takeaways and steps employers can take to prepare for the expected rise in immigration enforcement under a second Trump Administration....more

Guidepost Solutions LLC

Trump’s Impact on Employment Visas: What Employers Should Expect

Guidepost Solutions LLC on

As a new presidential administration takes office, the future of employment-based visa policies is once again in the spotlight. While campaign promises have centered on border security and addressing unauthorized immigration,...more

Thomas Fox - Compliance Evangelist

The Trump Administration-Part II: Failures in Leadership and Management

Yesterday, I considered how the actions of the new administration are creating chaos for US businesses. Today I will consider the Muslim refugee ban and the miss-steps the new administration used in its design, execution and...more

Baker Donelson

Immigration Corner: Time to Get Simeio-Compliant, Faster H-1Bs, a Permanent Resident Card Refresher and Increased Security...

Baker Donelson on

United States Citizenship and Immigration Services (USCIS) has now published a final policy memorandum designed to bring employers into compliance with the ruling in Matter of Simeio Solutions, LLC and to assess whether H-1B...more

Baker Donelson

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio

Baker Donelson on

We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more

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