News & Analysis as of

H-1B Form I-9 Department of Homeland Security (DHS)

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 -
Ice Miller

DHS Instructs Employers After It Modifies TPS Designation for Haiti

Ice Miller on

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

BakerHostetler on

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

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

Shipman & Goodwin LLP

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

Shipman & Goodwin LLP on

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

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

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Cozen O'Connor

Cozen O'Connor Immigration Catch Up: October 2023

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October 2023 not only provided amazing Halloween costumes but big updates to the United States and global immigration. The Cozen O’Connor catch-up this month highlights these changes and provides the details you need to...more

Guidepost Solutions LLC

Navigating Corporate Risk: The Imperative of Thorough H-1B Program Audits

In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be...more

Fisher Phillips

What All K-12 Schools Need to Know About Immigration: New Form I-9 and Work Visa Options for Teachers

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Immigration compliance remains a critical requirement for K-12 schools across the country. Not only do all schools need to ensure they comply with new I-9 rules and procedures, but many also have grown to rely on foreign...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Seyfarth Shaw LLP

June 2023 U.S. Immigration Alert

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Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration: 1.  Submission Deadline for FY2024 H-1B Cap Petitions - Employers should be reminded that the deadline to file a cap-subject...more

Holland & Hart - Employers' Lawyers

Immigration Updates in COVID-19 Times

International borders have been closed for 18 months, U.S. embassies abroad have been operating at a limited capacity, and yet employers struggle to find and retain talent. Corporate immigration, including H-1Bs and other...more

Seyfarth Shaw LLP

Early Holiday Present From ICE: I-9 Flexibilities Extended to April 30, 2022

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Seyfarth Synopsis: ICE announces an extension to I-9 compliance flexibility rules relating to Form I-9 compliance that was initially granted in March of 2020 at the onset of COVID-19. It continues to allow for the...more

Nilan Johnson Lewis PA

DHS Settlement Provides Long-Awaited Changes for H-4 and L-2 Spouse Work Authorization

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Spouses of H-1B and L-1 workers have long faced protracted delays by the U.S. Citizenship & Immigration Services (USCIS) in processing their work authorization (EAD) renewals. The wait has sometimes exceeded more than a...more

Arnall Golden Gregory LLP

Compliance News Flash - January 2021 #1

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Epstein Becker & Green

December 2020 Immigration Alert

Epstein Becker & Green on

Federal District Court in California Sets Aside October 2020 DOL and USCIS H-1B Regulations - In last month’s Epstein Becker Green Immigration Alert, we reported that the U.S. Department of Labor (“DOL”) and U.S....more

McCarter & English, LLP

U.S. Entry Restrictions and Immigration - Update September 2020

U.S. agencies are rapidly adapting immigration policy to respond to shifting developments in the COVID-19 pandemic. Our immigration lawyers provide information on the unprecedented range of revised policies. U.S. Entry...more

Epstein Becker & Green

Special Immigration Alert: President Trump Expands Immigration Restrictions, DHS Extends Flexibility for Verifying Forms I-9, and...

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Presidential Proclamation Temporarily Suspends New H-1B, H2B, J-1, and L-1 Visa and Travel from Abroad - On June 22, 2020, President Trump issued a proclamation (“Proclamation”) suspending and limiting the entry of...more

Epstein Becker & Green

Immigration Update: USCIS Selection Process; Biometrics; DHS Inspections Relating to I-9 Enforcement

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USCIS Completes the Initial Selection Process - On April 1, 2020, U.S. Citizenship and Immigration Services (‘USCIS”) announced that the initial selection of H-1B cap-subject registrations for fiscal year (“FY”) 2021 was...more

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