October 22, 2025
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Category: Immigration

Supreme Court Won’t Hear Challenge To 2015 DHS Rule That Authorizes Employment For H-1B Spouses

The U.S. Supreme Court has declined to review a challenge to a federal rule that allows certain spouses of H-1B visa holders to work in the United States. Therefore, an appellate decision in Save Jobs USA v. Department of Homeland Security upholding the legality of the 2015 DHS rule will remain in force for these H-4 visa holders. Save Jobs USA filed...
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October 22, 2025
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Category: Immigration

USCIS Clarifies $100,000 H-1B Fee

USCIS has issued guidance clarifying details of the new $100,000 H-1B fee. The October 20 guidance clarifies that routine in-U.S. H-1B filings are unaffected, and the fee will not apply to current H-1B visa holders if they travel outside the United States. However, the fee could be triggered by consular processing or international travel while a petition is pending. Members...
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October 10, 2025
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Category: Agency Enforcement

E-Verify Re-Opens During Government Shutdown

E-Verify has resumed operations despite the government shutdown. Its temporary outage prevented employers from creating new cases and addressing tentative nonconfirmations (TNCs), but now that the system is back up, employers must promptly fulfill their E-Verify obligations. E-Verify employers have until October 14 to create new cases for employees hired during the outage. When the system requests an explanation for...
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October 09, 2025
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Category: Agency Enforcement

Third Circuit Limits DOL’s Power To Impose Penalties Under H-2A Program

DOL must pursue civil penalties and back wages for alleged violations of its H-2A visa regulations in federal court instead of unilaterally imposing these payments on an employer, the U.S. Court of Appeals for the Third Circuit ruled in Sun Valley Orchards v. DOL. DOL alleged that a New Jersey employer violated the H-2A visa program by coercing employees to end...
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October 06, 2025
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Category: Agency Enforcement

DHS Proposes H-1B Rule That Favors Higher-Paid Workers In Lottery

The Department of Homeland Security proposed a rule September 24 that would replace the current random H-1B visa lottery with a weighted selection system that favors beneficiaries in higher-paying jobs. Under the proposed rule, when registering for the H-1B lottery, employers would need to provide the offered wage, the corresponding wage level, the job’s SOC code, and the work location....
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October 02, 2025
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Category: Agency Enforcement

E-Verify Suspended During Shutdown — What Employers Need To Know

As of October 1, the E-Verify system is temporarily unavailable because of the government shutdown. This means that for the duration of the shutdown employers will be unable to access their accounts or perform any E-Verify-related actions, including case creation, user management, or mismatch resolution. The Department of Homeland Security has suspended the three-day rule for creating E-Verify cases, but Form...
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September 24, 2025
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Category: Immigration

H-1B Visa Costs Increased By $100,000 Per Petition

A new Presidential proclamation imposes a $100,000 fee on most new H-1B petitions for workers outside the United States. President Trump’s Restriction on Entry of Certain Nonimmigrant Workers was issued September 19. It took effect September 21, 2025, and will last for 12 months unless it is extended. The administration cites abuse of the H-1B program as the rationale. The...
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September 10, 2025
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Category: CP Featured

Under New E-Verify Status Change Report, Employers Must Monitor Revoked Work Authorizations

E-Verify has introduced a new Status Change Report that shifts responsibility to employers to proactively monitor revoked Employment Authorization Documents (EADs). U.S. employers are responsible for ensuring that all their employees are authorized to work in the United States. They typically accomplish this through Form I-9 — and for federal contractors, through E-Verify. Employees may present various documents to prove...
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July 29, 2025
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Category: Immigration

Massive Reconciliation Bill Includes Several Provisions of Interest to Employers

On July 4, President Trump signed H.R. 1, nicknamed the “One Big Beautiful Bill Act,” into law. The massive reconciliation bill includes several provisions that may interest employers. These include: Creation of a new type of individual retirement account, called a Trump Account, that allows employers to contribute up to $2,500 per year without tax consequences to employees; Extension and...
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July 28, 2025
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Category: Agency Enforcement

Edlow Takes Helm at USCIS, Signals Tough Enforcement Stance

Now that President Trump’s nominee, Joseph Edlow, has been confirmed as the director of U.S. Citizenship and Immigration Services, USCIS is likely to increase its activity. Edlow pledged in a July 18 agency announcement to “meet ever-evolving threats and ensure that we serve as the frontline to safeguard our homeland.” The new director served at USCIS as deputy director for...
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