News & Analysis as of August 16, 2025

Corporate Counsel

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

Seyfarth Shaw LLP on 8/7/2025

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

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

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

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

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

Summary of Upcoming Changes to USCIS Filing Requirements in April 2024

Littler on 3/28/2024

April 1, 2024, will mark the beginning of new changes to USCIS form editions, filing fees, and direct filing addresses for many common immigration applications and petitions. ...more

Immigration Challenges for Employers in the UK

Littler on 3/4/2024

Few people acknowledge the implications of the UK Government’s measures to reduce legal migration to the UK on employers. The UK government is intent on reversing a recent increase in net migration figures....more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know

Fisher Phillips on 10/31/2023

The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more

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

Fisher Phillips on 10/2/2023

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. In order to ensure you stay on top of the latest changes and have an action plan...more

Retrogression and Further Delays Expected in the Employment-Based Immigrant Visa Process During May 2023

Akerman LLP - HR Defense on 4/14/2023

Employers sponsoring foreign nationals should be aware that some cut-off dates for filing immigrant visa applications in certain employment-based (EB) preference categories have recently “retrogressed” or moved backwards in...more

The Scale-up Visa: Who Will Benefit from this New UK Immigration Route?

Littler on 3/24/2022

With UK job vacancies at a 20-year high, an economy bouncing back from the pandemic and no more free movement within the EU, new work visa routes in March’s Immigration Rules changes can’t come too soon for many businesses....more

[Webinar] State of Play in U.S. Immigration Law: Adjudicatory and Enforcement Trends - October 27th, 2:30 pm - 3:45 pm CT

Quarles & Brady LLP on 10/1/2021

Please join us for a panel discussion with industry-leading immigration lawyers, in-house experts and former government officials on the top issues that employers should focus on to attract and retain international executives...more

President Trump Extends Immigrant and Nonimmigrant Visa Ban

Seyfarth Shaw LLP on 1/5/2021

Seyfarth Synopsis: Previously scheduled to expire on December 31, 2020, Proclamations 10052 and 10014 have been extended by President Trump until March 31, 2021. These visa bans will continue to restrict the issuance of...more

What’s Next For Employers: Top 10 Immigration Developments To Expect Under The Biden Administration

Fisher Phillips on 11/16/2020

While the election results may still be debated until officially certified and litigation is resolved, employers should be looking ahead to what a Biden administration will mean for immigration. Prior to this tumultuous year,...more

New DOL Rule Could Limit Some Employers’ Hiring And Retention Of Highly Skilled Foreign Employees

Jackson Lewis P.C. on 10/8/2020

After months of speculation, the Department of Labor’s (DOL’s) “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule was finally released to the public. It...more

Relief For Employees With Approved Employment Authorization

Burr & Forman on 9/3/2020

COVID-19 has affected nearly all areas of immigration, including the speed at which the United States Citizenship and Immigration Services (“USCIS”) is able to produce the Employment Authorization Document (“EAD card”). ...more

Keep Immigration Requirements in Mind When Preparing Coronavirus Response Plans

Morgan Lewis on 3/5/2020

As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more

Court Reverses Foreign National’s FCPA Conviction, Setting a High Bar to Establish an Agency Relationship

Cozen O'Connor on 2/28/2020

A ruling issued on Wednesday, February 26 by a Connecticut federal court details the type of control necessary to find that a foreign national acted as an agent of a U.S. domestic concern for purposes of falling within the...more

Details Emerge on New UK Immigration System

Morgan Lewis on 2/27/2020

The UK government has published a policy paper detailing its new points-based immigration system, as well as updates on right to work checks for EEA nationals and guidance for individuals unable to return to China from the...more

UK Immigration Update: Brexit and Beyond

Seyfarth Shaw LLP on 1/31/2020

The following alert is directed to organizations with a presence in the UK or who anticipate the need to place employees at a U.K. worksite. Seyfarth Shaw’s Global Mobility Practice hosts attorneys licensed to practice in...more

In the DHS and DOL Bulls-eye: Foreign National Contract Workers

Seyfarth Shaw LLP on 5/2/2019

Employers who source talent from consulting or staffing companies continue to face growing scrutiny from multiple government agencies, including the Department of Homeland Security (DHS), the Department of Labor (DOL), and...more

Government Shutdown Creates Issues of Concern for H-1B Employees of Government Contractors

Holland & Knight LLP on 1/18/2019

As the government shutdown potentially moves into a second month, many government contractors who are not receiving payment from the Federal Government may soon encounter the issue of what to do with employees they can no...more

DOJ to Increase Fines for Immigration-Related Violations

Seyfarth Shaw LLP on 7/7/2016

Seyfarth Synopsis: New regulations will increase fines on U.S. employers for unlawfully employing foreign nationals and engaging in unfair employment practices related to immigration. In the wake of the Bipartisan...more

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

Franczek P.C. on 10/21/2015

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

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