News & Analysis as of July 30, 2025

Hiring & Firing › Foreign Nationals

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

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

Seyfarth Shaw LLP on 7/23/2025

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

Update: USCIS Expands Eligibility for 540-Day EAD Extension

Seyfarth Shaw LLP on 7/1/2025

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

Workplace Law Update: 10 Essential Items on Your July To-Do List

Fisher Phillips on 6/30/2025

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

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

Potomac Law Group, PLLC on 6/24/2025

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

Student/Exchange Visitor Visa Processing Resumes with Expanded Screening for Social Media

Littler on 6/24/2025

Last month the State Department temporarily paused processing of all new student and exchange visitor visa appointments (including F, M, and J visas) at U.S. embassies and consulates worldwide while it developed and expanded...more

TPS Twist: Court Halts DHS Action on Certain Venezuelan Work Authorization-For Now

Seyfarth Shaw LLP on 6/9/2025

In a significant development for Venezuelan Temporary Protected Status (TPS) holders, a federal district court in California has issued an injunction preventing the Department of Homeland Security (DHS) from invalidating...more

Presidential Proclamation Restricting Travel from Certain Countries: What Businesses Need to Know

Quarles & Brady LLP on 6/9/2025

President Trump signed a proclamation entitled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” This action reinstates...more

Navigating the New Entry Restrictions: Implications for Global Mobility and Workforce Planning

Seyfarth Shaw LLP on 6/9/2025

On June 4, 2025, President Donald Trump issued a Presidential Proclamation aimed at enhancing national security by restricting the entry of certain foreign nationals into the United States. This action builds on Executive...more

Supreme Court Backs Trump’s Plan to Terminate Work Authorizations for Over 500,000 Foreign Nationals: 5 Steps for CHNV Parole...

Fisher Phillips on 6/4/2025

The Supreme Court on Friday cleared the way for the Trump administration to terminate the humanitarian parole program giving approximately 532,000 nationals from Cuba, Haiti, Nicaragua, and Venezuela the right to hold work...more

SCOTUS Unravels 2023 TPS for Venezuela: Employers Await USCIS Guidance

Seyfarth Shaw LLP on 5/27/2025

In a pivotal immigration development, the U.S. Supreme Court (SCOTUS) has effectively granted the Department of Homeland Security (DHS) permission to proceed with the termination of the 2023 Temporary Protected Status (TPS)...more

H-1B Employers Beware: An Employer’s Step-By-Step Guide to Fraud Detection and National Security Directorate (FDNS) Site Visits

Fisher Phillips on 5/15/2025

If you’ve “won” the H-1B lottery and are fortunate enough to have key foreign national workers at your organization, you may think your worries are over – but a recent trend may mean you’ll get a site visit at your workplace...more

Workplace Law Update: 10 Essential Items on Your May To-Do List

Fisher Phillips on 5/5/2025

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Didn’t Make the H-1B Cap? 11 Alternatives for Hiring Foreign Nationals

Fisher Phillips on 4/28/2025

You may be disappointed if your candidate was not selected for an H-1B visa in the recent cap lottery – but not all hope is lost. If you employ foreign nationals, the good news is that you can explore certain short-term,...more

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

Fisher Phillips on 4/23/2025

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

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

Fisher Phillips on 4/17/2025

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

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on 3/31/2025

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Here’s Why the E-2 Visa is Becoming a Popular Option for Japanese Companies Wanting to Do Business in the U.S.

Fisher Phillips on 3/20/2025

Given the strong economic ties between Japan and the U.S., the E-2 visa has become a well-established option for individuals looking to expand their business across the border. The E-2 visa is a type of nonimmigrant visa that...more

The FY 2026 H-1B Visa Lottery: A Quick Guide for Employers

Fisher Phillips on 3/20/2025

The H-1B visa program allows U.S. employers to hire highly skilled foreign professionals. But with a limited number of visas and high demand, early preparation is key. Here is a quick overview of the 2026 H-1B visa lottery...more

Ten Immigration Compliance Tips for Health Care Providers and Businesses

Pullman & Comley, LLC on 3/18/2025

In today’s complex and rapidly evolving immigration landscape, health care providers and businesses that employ foreign nationals (more than 25% of physicians in the United States are foreign-born) must be proactive in...more

No Slowing Down: Employers’ Recap of the Trump Administration’s First 50 Days

Fisher Phillips on 3/13/2025

While new presidents are typically judged based on their actions in their first 100 days, the current Trump administration has moved at such a rapid speed that we think another recap is needed at the halfway point. Here’s...more

An Employers’ Guide to Navigating H-1B Season: Answers to Your Top Questions

Fisher Phillips on 3/10/2025

Are you confused about how to navigate the timelines and requirements for the H-1B cap season? It’s complicated! The registration window officially opened Friday – and employers that want to hire highly skilled foreign...more

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

CDF Labor Law LLP on 3/5/2025

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

How the Trump 2.0 Immigration Policy Will Impact Tech Employers

Fisher Phillips on 3/4/2025

The breakneck speed with which the new Trump administration has implemented changes to the nation’s immigration policy and various federal government agencies has certainly caused confusion for many employers. No industry has...more

DHS Shortens Deportation Protection Timeframe for Haitian Nationals – What Employers Need to Know About New TPS Designation Period

Fisher Phillips on 2/27/2025

The Trump administration just shortened the duration of deportation protections for certain Haitian nationals who are in the United States, and this change could impact your workplace. Department of Homeland Security (DHS)...more

FY2026 H1B Cap Initial Registration Period Announced

Seyfarth Shaw LLP on 2/25/2025

USCIS has announced the H-1B CAP lottery registration period for FY2026. The registration period will be from March 7th to March 24th; USCIS will issue selection notifications by March 31st, allowing petitioners to file H-1B...more

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Hiring & Firing › Foreign Nationals

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