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The Littler Annual Employer Survey Report - May 2025

Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and...more

New Administration Likely to Result in Increased I-9 Audits and Raids

The new administration is likely to have a profound impact on immigration law and enforcement come January 20. As worksite enforcement and general immigration compliance issues were a primary focus of the Trump...more

Illinois Guidance Finds Law Does Not Prohibit Private Employers from Using E-Verify

The Illinois Department of Labor (IDOL) has just issued some much-needed guidance, through Frequently Asked Questions (FAQs), on whether enrollment and use of E-Verify is prohibited in Illinois for private employers that do...more

USCIS Announces Upcoming H-1B Cap Lottery Dates and New Beneficiary-Centric Selection Process

USCIS has officially announced the dates for the fiscal year (FY) 2025 H-1B cap lottery, which will open on Wednesday, March 6, 2024 at noon ET and end on Friday, March 22, 2024, at noon ET. This annual lottery is meant to...more

DHS Announces Special Immigration Protection for Workers Who Help in Labor and Employment Agency Investigations

The Department of Homeland Security (DHS) has recently announced a streamlined process for foreign workers to request deferred action. Deferred action is a type of prosecutorial discretion to defer removal action...more

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

Changes in the New Form I-9, Employment Eligibility Verification

On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which may be used now but must be used for all new hires and rehires...more

USCIS Announces Alternative Procedure for Completion of Form I-9 – Permanent Virtual Verification

In an ever-evolving digital landscape, the United States Citizenship and Immigration Services (USCIS) has given employers a new option for verifying employment eligibility. On July 21, 2023, the USCIS announced a final rule,...more

Florida Agency Provides Some Guidance on State’s New Immigration Law (SB1718)

The state of Florida recently enacted legislation that will have a significant impact on employers across the state. Senate Bill 1718 (SB1718), which Governor Ron DeSantis signed into law on May 10, 2023, requires private...more

H-1B Cap Season is Fast Approaching

It’s that time of the year again: the H-1B cap season is around the corner! On January 28, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that the registration period for Fiscal Year 2023 will open at noon...more

USCIS Settlement Agreement Will Expand Work Eligibility Authorization for L-2 and H-4 Visa Holders

Following months of crisis-level processing times for Form I-765 Applications for Employment Authorization on behalf of dependent spouses in L-21 and H-42 nonimmigrant visa status, the U.S. Citizenship and Immigration Service...more

White House Issues Proclamation Restricting Travel from India

As the COVID-19 crisis in India has worsened in recent weeks, the Biden administration decided to issue a new round of travel restrictions targeting travel from India....more

Biden Administration Allows COVID-Related Temporary Worker Visa Ban to Expire and Issues New I-9 Flexibility Extension Through May...

The Biden administration decided to let a highly publicized temporary worker visa ban expire on March 31, 2021. Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S....more

Biden Administration Unveils Immigration Reform Bill

Last week, President Biden’s comprehensive immigration reform proposal, the U.S. Citizenship Act of 2021, was introduced in the House and Senate. As officials in the administration initially reported, the provisions for the...more

White House Lifts COVID-19 Executive Order that Banned Entry on Certain Permanent Immigrant Visas

On February 24, 2021 President Biden officially lifted restrictions on entry to the United States stemming from former President Trump’s Proclamation 10014 of April 22, 2020 (“Suspension of Entry of Immigrants Who Present a...more

H-1B Cap Selection Process Update – DHS Postpones Effective Date of Final Rule

The U.S. Department of Homeland Security (DHS) will delay the effective date of a rule issued two weeks prior to the end of the Trump administration that seeks to change how H-1B “specialty occupation” visa applications are...more

President Biden Issues New Executive Orders and Supports Comprehensive Reform of Immigration Policy

Former President Trump’s administration made countless policy changes that have transformed the U.S. immigration landscape over the past four years. With President Biden now in office after running a presidential campaign...more

New Florida E-Verify Requirements are in Effect for 2021

Last summer the state of Florida enacted a new law requiring public and private employers to comply with new state E-Verify requirements starting January 1, 2021....more

Breaking Down the New DOL and DHS H-1B Rules

While the U.S. presidential election has come to an end, we continue to monitor changes in the Trump administration’s handling of ongoing agency immigration reforms through the end of 2020 and into early 2021 that may impact...more

New Proclamation Formalizes Temporary Ban on Entry for Nonimmigrants Seeking to Enter on H-1B, H-2B, L-1, and J-1 Visas

On June 22, 2020, and citing economic recovery needs and unemployment due to the pandemic, President Trump issued “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus...more

Administration Implements New Entry Restrictions on Chinese Students and Researchers Affiliated with China’s “Military-Civil...

On May 29, 2020, the White House issued a new proclamation on the admission of certain nonimmigrant students and researchers from the People’s Republic of China (PRC). The proclamation took effect on June 1, 2020, and will...more

USCIS Announces COVID-19 Temporary Policy for List B Identity Documents

The U.S. Department of Homeland Security has announced new guidance for Form I-9 completion, including implementing a temporary policy for acceptance of List B expired documents in response to the COVID-19 pandemic. List B...more

President Announces Potential Temporary Suspension of Immigration to the United States

Updated April 22, 2020:  In live remarks during an April 21, 2020 coronavirus task force press briefing, the president provided more detail on the scope of the entry restrictions in the new executive order. Specifically, he...more

COVID-19 and Immigration Updates: Form I-9 Guidance, Border Closures, and More

This article briefly summarizes the recent governmental guidance on Form I-9 requirements, travel, and visa processing and services, among other matters, in response to the national emergency caused by the COVID-19 outbreak....more

Administration Issues Third Round of COVID-19-Related Travel Restrictions

On March 11, 2020, the president signed a proclamation, Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, that implements additional...more

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