News & Analysis as of August 11, 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

Understanding the First Preference Extraordinary Ability Category for Immigrant Visas and USCIS’s New Guidance

Seyfarth Shaw LLP on 10/14/2024

The Employment-Based First Preference (EB-1) immigrant visa category is designed to attract top and critical talent to the U.S. This category includes individuals with extraordinary abilities in fields such as science, arts,...more

Beyond PERM: Unlocking New Pathways to Green Card Sponsorship for Key Talent

Seyfarth Shaw LLP on 4/30/2024

In light of prolonged Department of Labor (DOL) processing times and recent regulatory settlements involving the DOL and Department of Justice, employers are reevaluating their approaches to securing permanent residence...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

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

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

Fisher Phillips on 1/25/2023

Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Employers May Accept Naturalization Receipts and Expired Green Cards for I-9 Purposes

CDF Labor Law LLP on 12/12/2022

This week, US Citizenship & Immigration Services (USCIS) announced a policy change that allows employers to accept a receipt notice for a naturalization application along with an expired Permanent Resident Card (a/k/a Green...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

The Top 17 Workplace Law Stories from February 2022

Fisher Phillips on 3/2/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...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

H-1B Cap Season, Mandatory COVID-19 Testing for All International Air Travelers to the US, and I-90 Receipt Rule

Herbert Smith Freehills Kramer on 1/14/2021

We anticipate that in March 2021, U.S. Citizenship and Immigration Services (USCIS) will open the electronic registration process for the fiscal year 2022 H-1B cap for professional positions. Please review your employment...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

What's at Stake for Immigration?

Jackson Lewis P.C. on 10/22/2020

The current administration’s course on immigration ushered in heightened standards for obtaining immigration benefits, restructuring visa allocations through executive orders and renewed and continues to emphasize immigration...more

Form I-9 Verification Due to EAD Production Delays

Littler on 8/21/2020

Due to extensive delays in the production and issuance of Employment Authorization Documents (Form I-766, EAD) by the United States Citizenship and Immigration Services (USCIS), the agency announced that employees may...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

Court Blocks Implementation of Revised Forms Addressing New Public Charge Interpretation

Seyfarth Shaw LLP on 10/14/2019

Seyfarth Synopsis: U.S. District Court in New York issued a nationwide injunction blocking the implementation of USCIS’ final rule on inadmissibility on public charge grounds, which rule resulted in significant changes to...more

Summer Green Card Series What Employers Should Expect from the Basic PERM Process Part 1

Burr & Forman on 7/11/2019

PERM can be one of the most confusing and frustrating portions of the employment-based Green Card process for employers. PERM is driven by numerous regulatory requirements and the slightest mistake can doom a Green Card...more

Immigration Insights: Need-To-Know Updates for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/12/2018

In this episode, Jamie Dietz and Tina Ho discuss the current business immigration landscape, from recent guidance and policy memos to practical insights for employers on understanding and preparing for this constantly...more

USCIS Clarifies Position on AC21 H-1B Extensions

Moore & Van Allen PLLC on 1/15/2018

Last week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21)....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

The Impact of the DACA Rescission

Moore & Van Allen PLLC on 9/8/2017

On September 5, 2017, the Trump Administration formally announced its intent to end the Deferred Action for Childhood Arrivals program, also known as DACA. What follows is a practical guide on the impact of this latest...more

The Rescission of DACA – A Quick Overview of How This Impacts Your DACA Employees

Sheppard Mullin Richter & Hampton LLP on 9/7/2017

USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the...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

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