News & Analysis as of

Immigration Procedures Department of Labor (DOL) Foreign Nationals

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL’s Office of Foreign Labor Certification Implements Program to Delete FLAG Cases Older Than Five Years

As of March 27, 2025, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has started deleting case records that are more than five years old from the Foreign Labor Access Gateway (FLAG) system....more

Seyfarth Shaw LLP

Possible Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees (UPDATED)

Seyfarth Shaw LLP on

Another potential government shutdown may be on the horizon, as we await updates on the progress of the latest funding bill. Although already passed in the House of Representatives, an extension to continue funding the...more

Constangy, Brooks, Smith & Prophete, LLP

H-1B cap lottery season starts Friday! Seven things employers need to know

It’s that time of year! Registration for the H-1B cap lottery for Fiscal Year 2026 will begin the day after tomorrow: Friday, March 7. Here are seven things that employers need to know....more

CDF Labor Law LLP

[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

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

Fisher Phillips

How the Trump 2.0 Immigration Policy Will Impact Tech Employers

Fisher Phillips on

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

Stevens & Lee

H-1B Fiscal Year 2026 Is Here: New Registration Fee, Increased Scrutiny Expected

Stevens & Lee on

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the Fiscal Year 2026 H-1B lottery will open at noon EST on March 7, 2025, and run through noon EST on March 24,...more

Holland & Knight LLP

Preparing for the Upcoming H-1B Cap Lottery Season

Holland & Knight LLP on

The annual H-1B cap lottery registration process will begin on March 7, 2025, and run through March 24, 2025. At the close of the registration period, U.S. Citizenship and Immigration Services (USCIS) will select...more

Jackson Lewis P.C.

Navigating Change: What Updated USCIS Guidance on EB-2 National Interest Waiver Means for Petitioners

Jackson Lewis P.C. on

The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates’ eligibility for second preference employment based (EB-2) immigrant visa with a...more

Woods Rogers

Now Is the Time to Conduct I-9 Audits: What's the Tea in L&E?

Woods Rogers on

What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan highlight the key reasons...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

H-2B Cap Reached for Additional Returning Workers for First Half of Fiscal Year 2025

U.S. Citizenship and Immigration Services (USCIS) has announced that as of January 7, 2025, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2025 (October 1, 2024, to March...more

Jackson Lewis P.C.

H-1B Visas: Will Trump 2.0 Be a Turning Point for Employers Needing Skilled Foreign Workers?

Jackson Lewis P.C. on

Skilled immigration is making headlines with renewed focus on the H-1B nonimmigrant visa program, the most popular employment-based visa for foreign professional workers. Recent statements by Trump advisors Elon Musk and...more

Jackson Lewis P.C.

Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue

Jackson Lewis P.C. on

The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity. •The failure to move forward...more

Jackson Lewis P.C.

Immigration Hurdles Ahead: What Employers Can Expect from the Second Trump Administration

Jackson Lewis P.C. on

President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his...more

Cozen O'Connor

Possible Changes to the Immigration Landscape in Light of a Second Trump Administration

Cozen O'Connor on

•Since the 2024 election results, no topic has come up more often than U.S. immigration. •While this is all speculation based on information made public, it is fair to say that President-Elect Trump’s stance on immigration...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Additional H-2B Numbers to Be Made Available for Fiscal Year 2024

The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) have announced that they plan to make an additional 64,716 H-2B visas available for fiscal year (FY) 2024. The announcement should bring...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

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

Harris Beach Murtha PLLC

U.S. Citizenship and Immigration Services Updates National Interest Waiver Guidelines for Advanced STEM Degree Holders

United States Citizenship and Immigration Services (“USCIS”) has issued updated guidance on the adjudication of National Interest Waivers (“NIW”) for petitioners holding advanced degrees in science, technology, engineering...more

Jackson Lewis P.C.

Immigration Delays and How Manufacturers Can Manage Them

Jackson Lewis P.C. on

For employers that hire foreign nationals, whether as local hires already in the country or as transferees from foreign affiliates, immigration processing delays have been exacerbated during the COVID-19 pandemic....more

Schwabe, Williamson & Wyatt PC

It’s H-1B Season Again—Are You Ready?‎

U.S. Citizenship and Immigration Service (“USCIS”) announced on January 28, 2022, that this year’s annual application period for the FY 2022 H-1B program will run from March 1, 2022, through March 18, 2022. Continuing the new...more

Miles & Stockbridge P.C.

Update: Business Immigration and the Biden Administration

In February, we outlined some immediate and anticipated changes in the business immigration environment after the Biden Administration took office. Now that several months have passed and the Administration has had time to...more

Faegre Drinker Biddle & Reath LLP

U.S. Immigration Updates: H-1B Cap, Prevailing Wage Rule and International Travel Updates

H-1B Cap Selection Process - On January 8, 2021, U.S. Citizenship and Immigration Services (USCIS) published a final rule modifying the H-1B cap selection process. This rule changes the H-1B cap selection process by...more

WilmerHale

COVID-19: Trump Administration Continues Suspension of Immigration and Work Visas

WilmerHale on

With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more

Miles & Stockbridge P.C.

DHS and DOL Publish Restrictive New Rules for H-1B and Other Visa Programs

Miles & Stockbridge P.C. on

On October 8, 2020, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) published new regulations that could dramatically tighten the eligibility requirements for H-1B visa petitions and...more

Seyfarth Shaw LLP

Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2020 #4

Administration Limits Nonimmigrant Visas. On June 22, 2020, President Trump issued a Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. The proclamation...more

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