News & Analysis as of

H-1B Form I-9

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Foley & Lardner LLP

What to Know About International Travel by Employees with Work Visas

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We have previously written about the steps employers should take to ensure I-9 compliance and prepare for immigration site visits. In light of new immigration guidelines impacting visa holders, employers also should prepare...more

Jackson Lewis P.C.

What DOJ’s New Focus on Immigration Enforcement Means for Businesses

Jackson Lewis P.C. on

The Department of Justice (DOJ) has announced its intention to expand the use of criminal statutes to address illegal immigration. This move underscores the administration’s commitment to enforcement initiatives that hold...more

Ice Miller

DHS Instructs Employers After It Modifies TPS Designation for Haiti

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The Immigration and Nationality Act (INA) authorizes the Secretary of the Department of Homeland Security (DHS) to designate a foreign state for Temporary Protected Status (TPS), which is a temporary immigration benefit, and...more

Mayer Brown

End of the Road: What the TPS Termination for Venezuelans Means for US Employers

Mayer Brown on

AT A GLANCE - The Department of Homeland Security recently published a notice in the Federal Register, indicating that Secretary of Homeland Security Kristi Noem is terminating Temporary Protected Status (TPS) under the...more

BakerHostetler

Department of Homeland Security Terminates 2023 Designation of Temporary Protected Status for Venezuela

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On Feb. 1, 2025, Secretary of Homeland Security Kristi Noem determined that conditions in Venezuela no longer support the 2023 designation of Venezuela for TPS. This means that Venezuelans physically present in the U.S. under...more

Woods Rogers

Trump’s Immigration Crackdown: Key Policies & Impact on Businesses

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President Trump has launched the most extensive deportation effort in U.S. history, reshaping immigration laws. An estimated 11-15 million undocumented immigrants live in the U.S. The Executive Orders and policy changes...more

Vorys, Sater, Seymour and Pease LLP

Changes to Immigration Enforcement Policies Impact Employers

Through a series of executive orders and agency actions since taking office on January 20, 2025, the second Trump Administration has implemented drastic changes to immigration enforcement that are increasing incidents of...more

Ballard Spahr LLP

Preparing for ICE Visits in Light of Executive Orders

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The Trump administration, through its recent executive orders and public statements, has kept its promise to take swift actions on immigration enforcement. On January 21, 2025, the Trump administration revoked a longstanding...more

Faegre Drinker Biddle & Reath LLP

Deferred Action for Childhood Arrivals (DACA) Under the Trump Administration 2.0

Status of DACA Program - First enacted by President Obama in 2012, the Deferred Action for Childhood Arrivals (DACA) program allows certain individuals, who came to the United States as children and meet several guidelines,...more

Holland & Hart - Employers' Lawyers

Preparing for Worksite Enforcement Investigations

Question: We are worried that there may be an increase in worksite enforcement investigations. What can we do in preparation?...more

Akerman LLP - HR Defense

Best Practices for Employers in Managing USCIS Administrative Onsite Inspections, ICE Raids, and Form I-9 Audits

In today’s increasingly complex immigration enforcement setting, employers face multiple challenges, including unannounced USCIS Administrative site visits (also known as onsite inspections), U.S. Immigration and Customs...more

Nilan Johnson Lewis PA

2025 Executive Orders and Their Potential Impact on Business Immigration

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On his first day in office, President Donald Trump issued more than 45 Executive Orders, many of which contain directives related to immigration. The immigration team at Nilan Johnson Lewis will be monitoring updates related...more

Foley & Lardner LLP

Vigorous Immigration Law Enforcement Is Here: I-9 Inspections, Site Visits, and More 

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President Trump’s new administration takes charge this week with a renewed focus on enforcing federal immigration law. In fact, as explained in today’s companion article, one of President Trump’s first action items on...more

Fisher Phillips

Trump Takes Swift Immigration Action: What Employers Need to Know

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In the hours after Donald Trump was sworn in as President, his administration started taking immediate action to reshape the country’s immigration policies – and employers need to pay attention given the impact these changes...more

Dickinson Wright

Immigration Compliance for Employers in 2025: Guide to Worksite Audits

Dickinson Wright on

During the first Trump administration, worksite enforcement actions (aka raids) were focused in the Southeast and Midwest. The primary industries targeted were manufacturing and meat/poultry processing. In 2017, Thomas Homan...more

Warner Norcross + Judd

2025 H-1B Season is Here: Key Deadlines and Reporting Obligations for Employers

Warner Norcross + Judd on

The 2025 H-1B cap season is fast approaching, making it essential to prepare for this highly competitive process. The H-1B visa program allows U.S. employers to hire foreign professionals in specialty occupations, and demand...more

Shipman & Goodwin LLP

Potential Immigration Impacts for U.S. Employers Under a Second Trump Presidency

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As we head into another Trump presidency later this month, many U.S. employers are wondering how the new administration’s strong stance on immigration might impact their organization, including its ability to hire and retain...more

Quarles & Brady LLP

The Top Five Areas of Business Immigration Likely to be Impacted by and How to Prepare for the Second Trump Administration

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This article summarizes key take-aways from our December 3, 2024 webinar titled Business Immigration – What to Expect Under a Second Trump Administration. We focused on what the first Trump Administration proposed or enacted,...more

Whiteford

Employment Law Update: Immigration Challenges Await Employers In 2025

Whiteford on

Immigration policy, in one form or another, touches virtually every business in the United States. All employers are subject to the requirements of the 1986 Immigration Reform and Control Act, which established the I-9...more

Jackson Lewis P.C.

Immigration Hurdles Ahead: What Employers Can Expect from the Second Trump Administration

Jackson Lewis P.C. on

President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his...more

Stinson LLP

Trump's First 100 Days: Labor, Immigration, Employment & Employee Benefits

Stinson LLP on

President-elect Trump is expected to put forth his own nominee for Chair of the National Labor Relations Board (NLRB), swiftly replace General Counsel Jennifer Abruzzo and take aim at many Biden-era labor decisions. This will...more

Jackson Lewis P.C.

DHS Announces Permanent Rule for 540-Day Automatic Extension of Work Authorization Renewals

Jackson Lewis P.C. on

The 540-day automatic extensions of expiring employment authorization documents (EADs) will be permanent policy, according to a DHS final rule scheduled to be published on Dec. 13, 2024. The new rule will become effective on...more

Snell & Wilmer

Preparing for Immigration Changes Under the Trump Administration

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Employers need to be aware of anticipated changes to immigration policy under the new Trump administration and be prepared for the impact those changes may have on their workforce. All employers should make sure their I-9s...more

Troutman Pepper Locke

Water Cooler Talk: Immigration Insights From ‘The Proposal’

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This article is part of a monthly column that connects popular culture to hot-button labor and employment law issues. In this installment, we focus on the immigration challenges highlighted in the romantic comedy “The...more

Gibney Anthony & Flaherty, LLP

[Webinar] Business Immigration Need to Know: Outlook for 2025 - December 10th, 12:00 pm ET

Please join senior attorneys from Gibney’s Immigration Practice Group for a live virtual panel discussion to review the outlook for business immigration in 2025. The panel will highlight potential changes at the executive,...more

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