Third Court Challenge to $100,000 H-1B Fee is Filed
Twenty U.S. states have filed suit challenging the September 19 Presidential Proclamation and related federal agency policies that impose a $100,000 fee on U.S. employers for certain H-1B nonimmigrant petitions. The case, State of California, et al. v Kristi Noem, et al., 1:25-cv-13829 (D. Mass.,…
CBP Plans Changes to the ESTA Application Process, Including Social Media Review
U.S. Customs and Border Protection (CBP) is planning to make several changes to the Electronic System for Travel Authorization (ESTA) application process used by business visitors and tourists to visit the United States under the Visa Waiver Program (VWP), including the addition…
Government Office Closures and Immigration Processing Delays During the Holidays
During the holiday season, many government offices worldwide will close or have reduced staff and operating hours, likely resulting in processing delays for work permits, residence permits and visas over the coming weeks and into the new year. Albania Government…
U.S. Consulates Cancelling Some H-1B and H-4 Visa Appointments Due to New Online Prescence Review
Many H-1B and H-4 visa appointments originally scheduled for mid- to late-December 2025 in India are being cancelled and re-scheduled for March 2026, according to several reports from foreign nationals abroad. In cancelling and rescheduling the visa appointments, U.S. consular…
Supreme Court to Review Birthright Citizenship Executive Order
The U.S. Supreme Court has granted the White House’s request to review and rule on the legality of President Trump’s January 20 Birthright Citizenship Executive Order (EO). The EO would deny U.S. citizenship to children born in the United States to a mother in…
USCIS Reduces Maximum Validity Period from Five Years to 18 Months for Several Categories of EADs, Including Adjustment of Status EADs
U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to reduce the Employment Authorization Document (EAD) maximum validity period to 18 months for several categories of EAD applications, down from a five-year maximum validity period under the agency’s prior policy that took effect…
Starting December 15, State Department Will Expand Online Presence Review to H-1B and H-4 Visa Applicants
All H-1B specialty occupation and H-4 dependent visa applicants will undergo a review of their online presence as part of their visa applications at U.S. consulates abroad starting December 15, according to a State Department announcement. A visa applicant’s online presence…
Federal Government Announces Immigration Restrictions After National Guard Shootings
After the shootings of two National Guard members last week in Washington, DC, President Trump and federal officials announced new and forthcoming immigration restrictions that are to be imposed broadly on several groups of foreign nationals. Though in most cases…
DHS Announces Termination of Temporary Protected Status for Haiti
The Department of Homeland Security (DHS) is not extending the Temporary Protected Status (TPS) designation for Haiti, which will expire on February 3, 2026, according to a Federal Register notice scheduled to be published on November 28. Haiti TPS beneficiaries will remain work-authorized…
DHS Announces Termination of Temporary Protected Status for Burma (Myanmar)
The Department of Homeland Security (DHS) is not extending the Burma (Myanmar) Temporary Protected Status (TPS) designation, but will provide a 60-day transition period, according to a Federal Register notice scheduled to be published November 25. The Burma TPS designation expires on November…
DHS Proposes Rescission of Public Charge Regulation, With Expanded Policy to Come
The Department of Homeland Security (DHS) has issued a proposed regulation that seeks to rescind the public charge regulation that has applied to adjustment of status applications since December 2022. The proposal also announces the agency’s plans to implement a new broader…
December 2025 Visa Bulletin – Employment-Based Final Action Dates Move Ahead While Most Dates for Filing Remain the Same, With No Retrogressions; USCIS to Honor Dates for Filing
According to the State Department’s December Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application will be as follows: EB-1: China will advance one month to January 22, 2023, and…
President Trump Signs Government Funding Bill Through January 30
A continuing resolution passed by Congress and signed by President Trump last night will fund the federal government through January 30, while negotiations on the FY 2026 budget continue. The stopgap bill ends the federal shutdown that had been in…
State Department Reportedly Applying Expanded Health Review in Visa Applications
The State Department has issued an internal cable advising consular officers to apply a significantly broader health review when determining whether a visa applicant is likely to become a public charge of the United States, according to news outlets that have reviewed…
DOL Announces Accommodations for PERM and Other Filings Impacted by the Government Shutdown
The U.S. Department of Labor (DOL) has announced the following accommodations for permanent and temporary labor certification cases impacted by the federal government shutdown and the associated unavailability of DOL’s online FLAG portal from October 1 to October 31: If an employer’s response…
2025 Holiday Travel Guidelines for Foreign Nationals
If you are a foreign national planning to travel abroad during the holiday season, now is the time to make sure you have the information, immigration documents, and instructions you need to depart and reenter the United States. New immigration…
DHS Announces Termination of Temporary Protected Status for South Sudan
The Department of Homeland Security (DHS) is not extending the South Sudan Temporary Protected Status (TPS) designation, but will provide a 60-day transition period, according to a Federal Register notice scheduled to be published November 6. The South Sudan TPS designation expired on…
DOL Resumes Processing Labor Certifications and LCAs Despite Ongoing Federal Shutdown
On October 31, the Department of Labor (DOL) announced that it had resumed many Office of Foreign Labor Certification (OFLC) operations under a broader plan for continuation of limited activities at the agency despite the ongoing federal government shutdown. Since the announcement, employers have…
DOL Resumes Processing of Temporary and Permanent Labor Certifications Despite Ongoing Federal Shutdown
Today, the Department of Labor (DOL) announced that it has resumed accepting applications for PERM, H-2A, and H-2B labor certifications and prevailing wage determination requests under a broader plan for continuation of limited activities at the agency. However, the plan does not appear…
DHS Proposes Significant Expansion of Biometrics Collection and Use
The Department of Homeland Security (DHS) has released a proposed regulation that seeks to broadly expand the collection and use of biometrics in the enforcement and administration of immigration laws. The rule would subject foreign nationals to periodic biometrics collection…
USCIS Ends Auto-Extensions for Many EAD Renewal Applications Filed On or After October 30
A new Department of Homeland Security (DHS) interim final rule (IFR) eliminates the maximum 540-day automatic extension of employment authorization documents (EADs) for certain foreign nationals who timely file EAD renewal applications on or after October 30, 2025. An advance copy of the IFR…
What Employers and Foreign Nationals Need to Know about the New H-1B Fee
Earlier this week, U.S. Citizenship and Immigration Services (USCIS) provided additional guidance on implementation of President Trump’s September 19 presidential proclamation that bans an H-1B specialty occupation employee from entering the United States unless their employer has paid a $100,000 fee for the sponsored…
USCIS Issues Guidelines on the New H-1B Fee
Today, U.S. Citizenship and Immigration Services (USCIS) provided additional guidance on implementation of President Trump’s September 19 presidential proclamation that bans an H-1B specialty occupation employee from entering the United States unless their employer has paid a $100,000 fee for the sponsored employee. The…
Second Court Challenge to New H-1B Restrictions and $100,000 Fee is Filed
On Thursday, the U.S. Chamber of Commerce filed suit against a September 19 Presidential Proclamation restricting the entry of certain H-1B nonimmigrants and imposing a new $100,000 fee on their employers. The case, Chamber of Commerce v. DHS, Case No. 1:25-cv-03675…
November 2025 Visa Bulletin – EB Dates Remain the Same as October Visa Bulletin; USCIS to Honor Dates for Filing for EB Categories
According to the State Department’s November Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application will remain as follows: EB-1: China will remain at December 22, 2022, and India will…