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…
Federal Government Enters a Shutdown, Though Most Immigration Functions Remain Open
The federal government has entered a partial government shutdown, as Congress was unable to pass a FY 2026 appropriations bill or a temporary stopgap measure to extend federal funding beyond September 30. Negotiations on the FY 2026 budget continue. The…
Lawsuit Filed Challenging New H-1B Restrictions and $100,000 Fee
Today, a group of organizations and individuals filed a lawsuit in a California federal district court challenging President Trump’s September 19 presidential proclamation that bans certain H-1B specialty occupation employees from entering the United States unless their employer has paid a $100,000 fee,…
Supreme Court Again Permits DHS to Terminate 2023 TPS Designation for Venezuela While Litigation Continues
The U.S. Supreme Court has granted a request from the Department of Homeland Security (DHS) to stay a district court decision that had reinstated the 2023 Venezuela Temporary Protected Status (TPS) designation through October 2, 2026. As a result, the 2023 designation is again…
Senators Grassley and Durbin Introduce H-1B And L-1 Visa Reform Act
Senators Chuck Grassley (R-IA) and Dick Durbin (D-IL) have introduced the H-1B and L-1 Visa Reform Act of 2025, a bill that seeks to impose significant new obligations and limitations on H-1B and L-1 employers, toughen eligibility criteria for H-1B and…
White House Seeks Supreme Court Review of Birthright Citizenship EO Constitutionality
President Trump has asked the U.S. Supreme Court to review and rule on the legality of his January 20 Birthright Citizenship Executive Order (EO), which would deny citizenship to children born in the United States to a mother in temporary lawful status or without…
FAQs on the Impact of the New H-1B Restrictions
On September 19, President Trump issued a 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, effective at 12:01 am EDT on Sunday, September 21.…
DHS Proposes Wage Level-Based Weighted System of H-1B Cap Allocation
The Department of Homeland Security (DHS) is seeking to alter the annual computerized H-1B cap lottery system to give an advantage in the selection process to those with the highest wage for their occupation and area of employment corresponding to…
DOL Intensifies Enforcement of H-1B Wage Rules
The Department of Labor (DOL) has announced the launch of Project Firewall, which it describes as the agency’s renewed enforcement initiative for the H-1B visa program. Under Project Firewall, DOL is expected to conduct more frequent labor condition application (LCA) audits and investigations,…
Trump Administration Launches “Gold Card” Program Allowing Foreign Nationals to Obtain Permanent Residence Through Payments of $1 Million or More
On September 19, 2025, President Trump issued an executive order formally announcing the establishment of the new Gold Card program. The program would allow foreign nationals to obtain permanent residence through a $1 million payment to the U.S. government and permit corporate sponsors…
DHS Announces Termination of the Designation of Syria for Temporary Protected Status
The Department of Homeland Security (DHS) is not extending the Syria Temporary Protected Status (TPS) designation, but will provide a 60-day transition period, according to a Federal Register notice published today. The Syria TPS designation expires on September 30, 2025; beneficiaries will…
Federal Agencies Say President Trump’s H-1B Ban Applies Only to Petitions Filed on or After September 21st 2025
Foreign nationals who currently have a pending or approved H-1B petition or a valid H-1B visa will not be subject to President Trump’s September 19 presidential proclamation on H-1B travel restrictions, and should be able to enter the United States after…
Ninth Circuit Denies Stay of District Court Order, Effectively Reinstating 2023 Venezuela TPS Designation For Now
The Ninth Circuit Court of Appeals has denied a request from the Department of Homeland Security (DHS) to stay a district court decision that effectively reinstates the 2023 Venezuela Temporary Protected Status (TPS) designation through October 2, 2026. DHS is expected to continue seeking…
EB-5 Unreserved Immigrant Visa Category Unavailable Through September 30th After Reaching Annual Limit for FY 2025
The State Department has announced that the annual limit for the EB-5 Unreserved immigrant visa category has been met for FY 2025. As a result, the category is immediately unavailable and will remain so through September 30, the end of the fiscal…
DHS Removes Visa Waiver Program Restrictions for Hungarian Nationals
By September 30, 2025, the Department of Homeland Security (DHS) will restore Hungary to full status in the Visa Waiver Program (VWP), again permitting two-year, multiple use authorizations for business visitor or tourist travel in the VWP Electronic System for Travel Authorization (ESTA).…