The U.S. Department of Labor’s Wage and Hour Division recently announced a suspension in enforcing the 2024 rule from the Biden Administration that is designed to enhance protections for H-2A workers....more
On April 11, 2025, the United States Citizenship and Immigration Services (USCIS) will begin enforcing the newly created requirement....more
The initial months of President Donald Trump’s second term have seen the administration enact several significant new immigration policies that have immediate implications for employers across the United States. Understanding...more
The Trump administration’s focus on combating illegal immigration is now impacting the U.S. Equal Employment Opportunity Commission’s (EEOC) and potentially the U.S. Department of Justice’s (DOJ) focus on enforcing...more
In a significant move to attract wealthy investors, President Donald Trump has floated a new immigration initiative known as the “Gold Card.” The initial announcement indicates that the Gold Card will make the EB-5 investment...more
USCIS has announced that it is establishing a new form and process by which undocumented immigrants may register pursuant to section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. § 1302) and a Jan. 20, 2025,...more
Date Issued: Jan. 20, 2025 This executive order suspends entry into the U.S. through the southern border by individuals who fail to provide federal officials with sufficient medical information, criminal history and...more
The U.S. Department of Homeland Security (DHS) has published a notice expanding the ability of Immigration and Customs Enforcement (ICE) to remove individuals deemed unlawfully present in the United States who are unable to...more
The Trump administration has initiated a series of significant changes to U.S. immigration policy following the President’s inauguration on January 20, 2025. These actions, executed through executive orders and policy...more
On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more
In 1986, the Immigration and Nationality Act (“INA”) was amended to require all employers to verify the employment eligibility of all newly hired workers. The regulations interpreting the INA require employers to physically...more
President Biden’s Proclamation Rescinds the “Muslim Ban” On his first day in office, President Joe Biden signed Proclamations 9645 and 9983, which immediately ended earlier executive orders and presidential proclamations...more
On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more
In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more
On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program. These rules sought to restrict access to H-1B visas by redefining the...more
On August 3, 2020, the president issued Executive Order No. 13940 on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers....more
The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more
Quick Hit: On August 3, 2020, President Trump issued an “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (the “Order”), which requires federal agencies to perform...more
We’ve seen this movie before. Scene 1: The President issues a proclamation in reliance on his authority to restrict the entry of certain noncitizens under Immigration and Nationality Act (INA) § 212(f) so long as he...more
Late Monday night, April 20, 2020, President Trump made another sweeping immigration announcement without much detail, creating widespread panic around the globe. He posted on Twitter: “In light of the attack from the...more
Can you imagine needing a life-saving transplant and then having a family member, who is an exact donor match, denied entry into the U.S. for a medical procedure that could save your life? Or being denied your dying wish to...more
President Trump’s October 9, 2019 overtures landed as music to the ears of many a grizzled immigration lawyer who persistently suffers battle fatigue from the culture of virtually never. On that day the President released a...more
The Supreme Court affirmed President Trump’s authority to ban certain foreign nationals from entering the country, finding that such travel restrictions are justified based on national security concerns....more
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
By a vote of 5-4, the Supreme Court handed President Trump a tremendous victory by rejecting a challenge to the President’s travel ban” or “Muslim ban” in Trump v. Hawaii. The ban, based on Presidential Proclamation 9645,...more