News & Analysis as of

Employer Liability Issues Foreign Workers Foreign Nationals

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

Gibney Anthony & Flaherty, LLP

USCIS Reached the Fiscal Year 2026 H-1B Cap

United States Citizenship and Immigration Services (USCIS) has reached the Fiscal Year (FY) 2026 H-1B cap. On July 18, 2025, USCIS announced that it received enough petitions to reach the mandated 65,000 H-1B visa regular...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

Hinshaw & Culbertson - Employment Law...

Critical New Compliance Updates on Employment Authorization Terminations for Employers of Foreign Nationals

Recent changes in U.S. immigration policy, including the revocation and termination of several humanitarian parole programs and Temporary Protected Status (TPS) designations, have created new compliance challenges for...more

Fisher Phillips

TPS for Haiti Uncertain After Court Blocks Termination Order: How Employers Can Remain Compliant

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Thousands of Haitian nationals remain in limbo after a federal court decision just temporarily blocked the government’s attempt to terminate Temporary Protected Status (TPS) for Haiti. While TPS for Haiti had been slated to...more

Parker Poe Adams & Bernstein LLP

What Supreme Court Decision on Universal Injunctions, Birthright Citizenship Means for International Businesses

The Supreme Court agreed to a partial stay to severely limit universal injunctions issued by district court judges as part of ongoing litigation over President Donald Trump’s executive order (EO) on birthright citizenship —...more

Seyfarth Shaw LLP

Update: USCIS Expands Eligibility for 540-Day EAD Extension

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After reaching out to both U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice’s Immigrant and Employee Rights Section (IER) for clarification, USCIS has issued a significant and unexpected update...more

Potomac Law Group, PLLC

Client FAQ: U.S. Travel Ban - Current Restrictions and Possible Expansion

The U.S. government maintains travel restrictions for certain countries and is reportedly considering expanding these restrictions to additional nations. This FAQ provides an up-to-date list along with practical guidance for...more

CDF Labor Law LLP

[Webinar] An Employer’s Playbook for ICE Audits & Workplace Raids - June 24th, 10:00 am - 10:45 am PT

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As we have all seen in the news, employers everywhere, and especially in California, are experiencing a marked uptick in workplace immigration enforcement activity. ICE audits and unannounced raids can occur without warning,...more

Ius Laboris

Electronic Travel Authorisation

Ius Laboris on

The UK’s Electronic Travel Authorisation (ETA) scheme contains mandatory refusal grounds triggered by criminal convictions and other factors. Refusal can have significant implications for both applicants and organisations and...more

Seyfarth Shaw LLP

Termination of TPS for Afghans Effective July 14, 2025: Implications and Legal Challenge

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The U.S. Department of Homeland Security (DHS), under Secretary Kristi Noem, has announced the termination of Temporary Protected Status (TPS) for Afghan nationals residing in the United States. The notice of termination,...more

Fisher Phillips

New Litigation Danger as Employees Claim Green Card Favoritism: Why “PERM” Non-compliance Could Now Mean Legal Peril

Fisher Phillips on

Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more

Fisher Phillips

Agency Judges’ Power at Risk Again: Family Farm Fights Back After DOL Demands $500K for Alleged H-2A Program Violations

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A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more

Tucker Arensberg, P.C.

Employer Liability of the Hiring and Retention for Illegal Alien Employees

Tucker Arensberg, P.C. on

It is no secret since taking office for the second time, President Trump and his administration have leveled their crosshairs at the immigration policies and protections put in place by the Biden administration. The news is...more

Seyfarth Shaw LLP

Possible Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees (UPDATED)

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Another potential government shutdown may be on the horizon, as we await updates on the progress of the latest funding bill. Although already passed in the House of Representatives, an extension to continue funding the...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

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

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The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more

Pullman & Comley - Labor, Employment and...

Immigration Enforcement Actions and Compliance – Best Practices for Employers

Through a series of sweeping executive orders, the Trump Administration has launched a systematic overhaul of U.S. immigration policy.  The Administration’s prioritization of immigration enforcement will likely impact...more

Gibney Anthony & Flaherty, LLP

Plan Now for FY 2026 H-1B Cap Registration: What Employers Need to Know

U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2026 H-1B cap from March 7, 2024 to March 24, 2025. Employers seeking to register employees...more

Seyfarth Shaw LLP

Countdown to Chaos? The 540-Day EAD Extension in Legislative Crosshairs

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If you have been following immigration news and are wondering how changes in Washington might affect your workforce, you are not alone. Senate Joint Resolution 8 (S.J. Res. 8) in the 119th Congress aims to undo a USCIS...more

Moore & Van Allen PLLC

Immigration Update: H-1B Cap Season – Time to Start Preparing

Moore & Van Allen PLLC on

The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from...more

Wiley Rein LLP

Continued Remote Hiring Concerns in IT Sector: What to Look for in 2025 and How to Mitigate Business Risk

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Remote worker fraud is expected to continue to proliferate in 2025. Fully remote hiring and work, particularly in the technology sector, continues to pose unique business and legal risks for companies. Just in December 2024,...more

Morgan Lewis

UK Immigration Updates: Sponsorship Costs and Electronic Travel Authorisation

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The UK Home Office has announced updated policies regarding sponsorship costs for Skilled Workers that will have significant implications for employers hiring or sponsoring international talent. From January 8, 2025, the next...more

Akerman LLP - HR Defense

Navigating Immigration Challenges Under the Second Trump Administration: What Employers Need to Know

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As President-elect Trump’s administration prepares for a second term, employers should anticipate intensified changes to U.S. immigration policies and procedures. These changes are expected to significantly impact various...more

Sheppard Mullin Richter & Hampton LLP

You Are Sponsoring a Foreign National Employee for Permanent Residency, Can You Clawback Some of the Fees?

Companies usually hire a foreign national who requires visa sponsorship because they cannot find a U.S. worker with those skill sets, which is frequently in the STEM fields. However, visa sponsorship comes with significant...more

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