The H-1B program remains one of the most important—and most operationally complex—tools for U.S. employers seeking to hire and retain foreign national talent. Between cap-season timing, heightened documentation expectations,...more
The H-1B visa classification was established as a nonimmigrant, temporary worker program to aid U.S. employers unable to fill highly specialized positions (those requiring a bachelor’s degree or its equivalent). The...more
The United States Citizenship and Immigration Services (“USCIS”) has announced a final rule which will amend the selection process for H-1B registrations. The rule — which will to take effect with the FY2027 H-1B registration...more
On October 31, 2025, the U.S. Department of Labor (DOL) announced that it had resumed processing of requests for prevailing wages and labor certification determinations for temporary and permanent employment in the U.S....more
On October 31, 2025, the U.S. Department of Labor (DOL) announced that its Office of Foreign Labor Certification has resumed certain application processing. Online filing functionality has been restored for Labor Condition...more
Employers that rely on the H-1B visa program to bring in high skilled and specialty talent will face stricter scrutiny and heightened enforcement under a new Department of Labor effort dubbed “Project Firewall.” The Trump...more
The U.S. government entered a partial shutdown at 12:01 a.m. (EDT) on October 1, 2025, after the president and congressional lawmakers could not reach an agreement to fund the federal government for fiscal year 2026. ...more
The current government funding expired at the end of the fiscal year without a continuing resolution, resulting in a government shutdown. A federal government shutdown can create ripple effects across immigration processes,...more
The White House has announced significant changes to the H-1B program, including a new $100,000 petition fee, revised prevailing wage rules, a tiered lottery system, and expanded enforcement measures. These developments...more
The US Department of Labor has launched Project Firewall, a new enforcement initiative focused on safeguarding the rights, wages, and job opportunities of American workers. The program signals heightened scrutiny of H-1B...more
The U.S. Department of Labor (DOL) has launched Project Firewall, a sweeping enforcement initiative designed to ensure strict employer compliance with the H-1B visa program. Coupled with the recent presidential proclamation...more
On Friday September 19, 2025, President Trump signed a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” which stands to significantly change the H-1B visa process and related costs. The H-1B...more
As part of ongoing efforts to ensure the integrity of the immigration benefit process, the Fraud Detection and National Security Directorate (FDNS) operates an Administrative Site Visit and Verification Program (ASVVP). ...more
Another potential government shutdown may be on the horizon, as we await updates on the progress of the latest funding bill. Although already passed in the House of Representatives, an extension to continue funding the...more
Last week, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the Fiscal Year 2026 H-1B lottery will open at noon EST on March 7, 2025, and run through noon EST on March 24,...more
With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more
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
Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS...more
Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more
Unintended new job locations have always presented issues for employers with H-1B, H-1B1, and E-3 workers. However, the issues are even more common today, given employers’ remote work policies and continued changes thereto. ...more
The U.S. Court of Appeals for the Ninth Circuit recently affirmed an employer’s duty to comply with the attestations made under the Labor Condition Application (LCA) to pay its foreign national employee during the period of...more
1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form - On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices....more
A variety of U.S. work visas require employers to pay a certain salary to foreign workers whom they employ in the United States. But one employer was recently surprised by an appeals court ruling that it was required to...more
The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more
Equal Pay Transparency (EPT) laws have been passed in several states and localities, potentially impacting the permanent employment certification (PERM)/H-1B labor condition application (LCA) process for employers conducting...more