The following information updates the initial alert distributed on January 13, 2026. USCIS has provided additional information regarding the timing of the H-1B cap lottery for the FY 2027 registration season....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 U.S. Department of Homeland Security published a final rule that will shift the H-1B cap registration selection process from a random lottery to a weighted selection process based on a beneficiary’s proposed salary and...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
As the “Big Beautiful Bill” takes effect and additional proposals are discussed in Congress, businesses that rely on foreign talent should pay close attention to immigration reforms....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
On September 24, 2025, the U.S. Department of Homeland Security (DHS) issued a notice of proposed rulemaking (“NPRM”) to amend its H-1B regulations. The proposal also includes provisions that would change the H-1B cap...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
The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...more
On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more
On September 30, 2023, President Joe Biden signed into law stopgap funding legislation that temporarily averted a government shutdown. The legislation, which passed the U.S. Congress with bipartisan support and extended...more
If Congress does not reach a budget agreement by September 30, 2023, the federal government will shut down October 1. Below is a brief overview of the potential immigration impact based on how government agencies operated...more
Employers in the automotive industry should be aware of the impact the United Auto Workers strike could have on its employees with immigration considerations. A federal government shutdown is also likely, which could impact...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
Annually, at the outset of the federal fiscal year, the U.S. Congress must reach an agreement to fund the federal government. If Congress cannot agree and pass the necessary appropriations bill, a partial government shutdown...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