News & Analysis as of

Corporate Counsel Immigration Procedures

Herbert Smith Freehills Kramer

USCIS to Consider “Anti-American” Activity in Adjudicating Certain Immigrant Benefit Requests

On August 19, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that they have updated their policy manual regarding the discretionary factors that officers may consider in deciding whether to grant certain...more

Seyfarth Shaw LLP

TPS EADs: The New One-Year Limit & What Employers Need to Know After the Big Beautiful Bill

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In a summer of sweeping immigration updates, the Big Beautiful Bill appears to now reshape how employers manage Form I-9 compliance for Temporary Protected Status (TPS) beneficiaries. On July 22, 2025, the Federal Register...more

Ballard Spahr LLP

Rise in E-Verify Desk Audits: What U.S. Employers Need to Know in 2025

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In recent months, we have seen a notable uptick in E-Verify desk audits and related inquiries from federal and state agencies. This trend reflects the current administration’s heightened focus on employer immigration...more

Seyfarth Shaw LLP

H-1B Visa Rule Moves Closer to Release: Wage-Based Selection Likely

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The Trump administration is one step closer to unveiling a major change in how H-1B visas are allocated. On August 8, the White House’s Office of Information and Regulatory Affairs (OIRA) signed off on a proposed rule that...more

Venable LLP

DOJ Incentivizes Whistleblowers to Report Immigration Violations in the Workplace

Venable LLP on

Employers are facing a new risk related to immigration law non-compliance: incentives for immigration whistleblowers. The Department of Justice (DOJ) recently amended the Corporate Whistleblower Awards Pilot Program (CWAPP)...more

Seyfarth Shaw LLP

TPS for Honduras, Nepal, Nicaragua Extended: The Ride Rolls On

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In a major legal development, a federal judge in the Northern District of California has postponed the termination of Temporary Protected Status (TPS) for nationals of Honduras, Nepal, and Nicaragua. This decision, issued on...more

Tarter Krinsky & Drogin LLP

July 2025 Summer U.S. Immigration Updates

H-1B Cap Lottery for Fiscal Year (FY) 2026 Completed - U.S. Citizenship and Immigration Services (USCIS) has announced that it has received sufficient congressionally mandated 65,000 H-1B visa regular cap and 20,000 H-1B...more

Mintz - Immigration Viewpoints

State Department Eliminating Majority of Nonimmigrant Visa Interview Waivers Beginning September 2

On July 25, 2025, the US State Department announced that US embassies will greatly reduce eligibility for the nonimmigrant visa interview waiver program beginning on September 2, 2025. In addition, the State Department will...more

Vorys, Sater, Seymour and Pease LLP

Changes to Interview Waiver Eligibility at Consular Posts and Immigration Fee Changes

On July 25, 2025, the U.S. Department of State announced a new policy that will significantly limit the eligibility of visa applicants to obtain visas without consular interviews. The new policy will go into effect on...more

Warner Norcross + Judd

TPS in Transition: Litigation, Terminations and Temporary Protections in Flux

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Temporary Protected Status (TPS) allows eligible foreign nationals to enter and remain in the U.S. for a limited period due to extraordinary conditions in their home countries, such as natural disasters or armed conflicts....more

Seyfarth Shaw LLP

Navigating “Anti-American Hiring Bias” Priorities & Staying Compliant While Sponsoring Talent in the U.S.

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In recent months, we have seen a rise in charges filed with the U.S. Department of Justice’s (DOJ) Immigrant and Employee Rights Section (IER) and announcements from the Equal Employment Opportunity Commission (EEOC)...more

Seyfarth Shaw LLP

TPS Haiti Work Authorization Extended to February 2026, Employers need to Make I-9 Updates.

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In a significant development for employers and Haitian nationals under Temporary Protected Status (TPS), the U.S. Citizenship and Immigration Services (USCIS) has updated its guidance to reflect a court-ordered automatic...more

Mintz - Immigration Viewpoints

USCIS Announces FY2026 H-1B Cap Reached: No Second Lottery to Be Conducted

On July 18, 2025, US Citizenship and Immigration Services (USCIS) announced that it has received enough H-1B petitions to reach the congressionally mandated cap of 85,000 new H-1B filings for Fiscal Year 2026 (FY2026). As a...more

Cozen O'Connor

Newly Proposed Changes to Overhaul the H-1B Random Selection Lottery

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On July 17, 2025, the Trump administration formally submitted a proposal to overhaul the H-1B cap selection process, marking a significant shift in U.S. immigration policy. Currently, the USCIS conducts a random lottery to...more

Constangy, Brooks, Smith & Prophete, LLP

Proposed rule on H-1B cap selection process should be coming soon

The U.S. Department of Homeland Security has sent for review a proposed rule (Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions) regarding the H-1B lottery selection...more

Gibney Anthony & Flaherty, LLP

USCIS to Increase Scrutiny for TN Visa Requirements: Impact on Employers

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy manual regarding TN visa eligibility requirements. The new guidance imposes stricter guidelines for eligibility. Changes focus on the nature of the...more

Jackson Lewis P.C.

Federal OBBBA Round-Up: What Employers Need to Know Now

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President Donald Trump signed H.R. 1, “One Big Beautiful Bill Act” (OBBBA), on July 4. The OBBBA affects a wide range of workplace issues, including immigration, benefits, and employment tax liabilities. Below is only a brief...more

Seyfarth Shaw LLP

TPS for Honduras and Nicaragua Ends: What Employers Need to Know About the 60-Day Work Authorization Extension

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As we have covered in prior blog posts on Temporary Protected Status (TPS) as it continues to evolve, this week brings significant developments. The Department of Homeland Security (DHS) announced the termination of TPS...more

Jackson Lewis P.C.

DHS Announces End of TPS Designations for Nicaragua and Honduras

Jackson Lewis P.C. on

On July 7, 2025, DHS Secretary Kristi Noem announced that TPS designations for Nicaragua and Honduras will not be extended. TPS designations for both countries expired on July 5, 2025. The 60-day transition period will...more

Quarles & Brady LLP

The Top Five Things to Know about E-Verify’s New “Status Change Report” for Employers that Use E-Verify

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The U.S. Department of Homeland Security (“DHS”) has rolled out a new reporting tool to assist Employers who participate in E-Verify in identifying cases where certain employees’ work authorization may have been revoked by...more

Shipman & Goodwin LLP

DHS Terminates Temporary Protected Status for Haiti

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On July 1, 2025, the Department of Homeland Security (DHS) issued a notice of termination of Temporary Protected Status (TPS) for Haiti, effective September 2, 2025. After September 2, 2025, those individuals who have been...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EAD Terminations and Status Change Reporting: Key Updates for E-Verify Users

The U.S. Department of Homeland Security (DHS) has begun revoking employment authorization documents (EADs) for certain noncitizens whose parole into the United States has been terminated. This includes individuals paroled...more

Shipman & Goodwin LLP

U.S. Department of State Provides Limited Guidance on National Interest Exception for Visa Issuance

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On June 9, 2025, restrictions on travel to the U.S. went into effect via Presidential Proclamation, impacting certain citizens of 19 different countries. Those impacted by the Proclamation can still submit visa applications...more

Constangy, Brooks, Smith & Prophete, LLP

New USCIS Guidance overhauls TN visa requirements

The USCIS has issued new guidance in its Policy Manual, which updates the eligibility criteria for TN professionals under the United States-Mexico-Canada Agreement, also known as the “USMCA.” This guidance outlines...more

Tarter Krinsky & Drogin LLP

June 2025 Immigration Updates: TN Visas, U.S. Passport Gender Identity Policy, and Resumption of Processing of F and J Visa...

Recent United States Citizenship and Immigration Services (USCIS) and U.S. State Department updates require businesses and individuals to adhere to new TN visa eligibility criteria—such as prohibiting self-employment,...more

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