News & Analysis as of August 12, 2025

Green Cards

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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 -

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

Time to Pause on PERM? 6 Reasons the National Interest Waiver is Rising as a Workplace Immigration Solution

Fisher Phillips on 2/20/2024

Employers looking to retain current foreign national employees or attract highly skilled talent should consider adding the National Interest Waiver to their immigration sponsorship toolset. Prior to the COVID-19 pandemic,...more

USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

Fisher Phillips on 12/15/2023

Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...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

Employment Authorization Documents Associated with Adjustment of Status Now Valid for Five Years

Burr & Forman on 10/11/2023

In an effort to address the ongoing Employment Authorization Document (more commonly known as an “EAD”) processing backlog, USCIS recently announced it would lengthen the maximum validity period for certain EAD categories to...more

[Webinar] From First Day to Green Card: The Lifecycle of an Employment Based Immigration Case - March 14th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on 2/27/2023

Green card processing continues to be backlogged, causing lengthy wait times, unpredictability and added stress for employers hiring foreign nationals. During this webinar, Chair of CDF's Immigration Practice Group, Richard...more

Foreign National Layoffs Trigger Requirements and Present Opportunities

Burr & Forman on 1/17/2023

It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more

Didn’t Make the H-1B Cap? Planning, Not Practice, Makes Perfect: 8 More Ways to Employ Foreign Nationals

Fisher Phillips on 9/19/2022

If you employ foreign nationals, you likely know that the federal government already reached the H-1B visa cap for the fiscal year and informed registrants who were not selected. Although employers expected the August 23...more

[Webinar] So You Want To Hire an H-1B Professional? Pros and Cons of Hiring and Retaining Professional Foreign National Talent -...

CDF Labor Law LLP on 6/9/2022

Many employers cannot find enough professional U.S. workers to meet their needs, especially in today's tough hiring market. Many competitive applicants indicate that they need visa support on their employment applications....more

Tips to Help Employers Navigate Evolving Green Card Availability and Plan for FY22

Quarles & Brady LLP on 8/19/2021

According to the Department of State, demand for immigrant visas (green cards) remains high as COVID-19 continues to disrupt and delay appointments at U.S. consulates abroad. With an estimated 100,000 unused employment-based...more

Demystifying Immigration Law

Constangy, Brooks, Smith & Prophete, LLP on 7/8/2021

Immigration Law has a reputation for being something only multinational companies are concerned with, but is that true? How can companies use immigration law to identify the best talent for their organizations? Join host Bill...more

America’s Immigration System: President Biden’s First 100 Days

Burr & Forman on 5/20/2021

Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....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

USCIS To Increase Filing Fees While The Latest Executive Order Demands H-1B Compliance

Fisher Phillips on 8/6/2020

In the midst of the COVID-19 pandemic, the Trump administration continues to install stringent measures that will impact employers hiring foreign national temporary workers. Fee Increases - On July 31, the Department...more

US Supreme Court Allows Public Charge Rule on Immigration to Move Forward

Morgan Lewis on 1/28/2020

The US Supreme Court ruled on January 27 that the administration can begin to implement the public charge rule while the issue is still being litigated in the federal court system. ...more

[Webinar] Immigration 101 for Employers - February 5th, 1:00 pm ET

ArentFox Schiff on 1/20/2020

Employing foreign nationals in this uncertain and ever-changing immigration climate can be daunting. We will simplify it for you and review the recent changes as well as answer frequently asked questions, including how to...more

H-1B Cap: Start Planning Today for "Buy American, Hire American"

Proskauer Rose LLP on 12/22/2017

Although we are still officially in the year 2017, it is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2019 (FY2019). H-1B cases must be filed between April 2, 2018 and April 7, 2018 to be...more

Important Developments in Business Immigration Law

Herbert Smith Freehills Kramer on 9/26/2017

The Revised Version of Travel Ban to Take Effect Next Month - On Sept. 24, President Trump issued a proclamation that indefinitely bans certain citizens of Iran, Libya, Syria, Yemen, Somalia, Chad and North Korea from...more

Matter of Dhanasar: A New Standard for National Interest Waivers in the United States

Franczek P.C. on 1/11/2017

On December 27, 2016, the AAO issued a decision that modifies the standards for granting a National Interest Waiver (NIW) in Matter of Dhanasar. This decision will impact thousands of applicants seeking U.S. permanent...more

August 2014 Visa Bulletin: Advancement of EB-3 China and EB-2 India Cut-off Dates

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/4/2014

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process, either...more

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