News & Analysis as of

Corporate Counsel Immigration Procedures United States Citizenship and Immigration Services

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

Ballard Spahr LLP on

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

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

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

Cozen O'Connor on

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

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.

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

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

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

Adams & Reese

An I-9 Compliance Checklist for Businesses Engaged in Mergers & Acquisitions

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In the fast-paced world of mergers, acquisitions, asset sales, and private equity transactions, the excitement of growth can overshadow critical compliance details. However, unaddressed I-9 compliance issues in any M&A deal...more

Seyfarth Shaw LLP

CHNV Fallout: USCIS Issues Compliance Guidance for Employers

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On June 20, 2025, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to E-Verify employers regarding the revocation of Employment Authorization Documents (EADs) for individuals who entered under the...more

Adams & Reese

SCOTUS: DHS Can Proceed with Termination of Temporary Protected Status for Venezuelans

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On May 19, 2025, the U.S. Supreme Court issued an emergency order that allows the Department of Homeland Security (DHS) to proceed with terminating Temporary Protected Status (TPS) for Venezuelan nationals under the 2023...more

Seyfarth Shaw LLP

The New Risk for Global Talent: F-1 SEVIS Terminations and Student Visa Revocations

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Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in...more

Seyfarth Shaw LLP

Court Halts TPS Termination for Venezuelans: Relief (and Uncertainty) for Employers

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On March 31, 2025, Federal Judge Edward M. Chen of the Northern District of California issued a stay on the Trump administration’s revocation of Temporary Protected Status (TPS) for Venezuelans in the United States....more

Fisher Phillips

DHS Mandates Nationwide Alien Registration Under WWII-Era Law: 5 Things Employers Need to Do

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Federal immigration officials are about to significantly expand foreign national registration enforcement by requiring certain noncitizens to register with the government, provide biometric data, and carry proof of...more

Fox Rothschild LLP

Employers Charged for ‘Harboring’ Unauthorized Foreign Workers

Fox Rothschild LLP on

The indictment this week of the owners of a Texas bakery on harboring charges is proof that the Trump administration has made immigration enforcement a top priority, targeting both unauthorized foreign nationals and the...more

ArentFox Schiff

Key Changes to the H-1B Visa Program: Self-Employment, Lottery Exemptions, Cap-Gap Approvals, and Site Visits

ArentFox Schiff on

The H-1B is the most common work visa for foreign nationals in professional-level jobs in the United States. Effective January 17, there is a new H-1B “modernization” rule which introduced some significant changes and...more

McAfee & Taft

Every step you take: Navigating the H-1B visa lottery and preparing for increased ICE worksite enforcement

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Employers nationwide are preparing for one of the most competitive H-1B visa seasons yet. From noon EST on March 7 to noon EST on March 27, employers can submit registrations on behalf of beneficiaries for whom they wish to...more

Jackson Lewis P.C.

Employers Must Update I-9 Forms of Employees with Work Authorization Documents Based on Haitian TPS

Jackson Lewis P.C. on

On Feb. 20, 2025, DHS Secretary Kristi Noem announced that Haiti’s Temporary Protected Status (TPS) designation will terminate on Aug. 3, 2025. Work authorization documents based on Haitian TPS are now auto-extended only to...more

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