What’s Changing—and Why It Matters- Recent changes across U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State, the U.S. Department of Labor, and Immigration and Customs Enforcement are creating...more
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
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 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
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
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
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
As we mentioned in an earlier list of fascinating facts about I-9 compliance and immigration law, it’s a landscape that’s continually shifting – especially on the global front. ...more
In its continuing effort to limit legal immigration, the Trump Administration announced two rule changes last week to radically limit H-1Bs and the most common employment-based permanent residence process. The first rule...more
During the first week of October and just days into the new fiscal year, the Trump Administration announced two significant changes for employers who wish to sponsor foreign workers. The first of these announcements affects...more
Seyfarth Synopsis: On March 20, 2020, the U.S. Department of Labor’s (“DOL”) Office of Foreign Labor Certification (“OFLC”) issued Frequently Asked Questions in response to the COVID-19 global pandemic, providing guidance and...more
As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more
On December 6, 2019, USCIS announced that it officially plans to implement the electronic H-1B registration process for petitioners seeking to submit H-1B cap-subject petitions for FY 2021....more
Earlier this month the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act (H.R. 1044), an act that would radically change the way employment-based immigrant visas are allocated by eliminating...more