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Category: Immigration

Trump Administration Expands Travel Ban, Pauses Immigration Benefits For 19 Countries

USCIS has halted processing of most immigration applications for nationals of 19 countries, creating potential hiring and compliance challenges for employers. The June 2025 travel ban has been expanded to pause H-1Bs, green card applications, and naturalization applications for individuals who are citizens of or were born in one of these countries: Afghanistan, Myanmar/Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti,...
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Category: Discrimination and Harassment

EEOC Fact Sheet On Discrimination Against American Workers Needn’t Be Posted But Should Be Followed

The Equal Employment Opportunity Commission has released a fact sheet about discrimination against American workers. The EEOC is not mandating that employers post the new fact sheet or its recent guidance on DEI-related discrimination. However, these documents signal the EEOC’s enforcement priorities and evolving interpretations of nondiscrimination laws. Therefore, employers should review their workplace policies and be on the watch for...
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Category: Discrimination and Harassment

EEOC Focuses on Protecting American Workers From Discrimination

The Equal Employment Opportunity Commission has released a fact sheet and refreshed its national origin discrimination resources, underscoring a renewed federal focus on protecting American workers from unlawful bias. While the guidance does not introduce new legal standards, it reinforces that Title VII strictly prohibits employers from favoring foreign applicants or employees — including those with specific visa statuses — over American...
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Category: Immigration

DHS Proposes Rescinding Biden’s Public Charge Rule So It Can Adopt A More Flexible Policy

The Department of Homeland Security has proposed rescinding the Biden Administration’s “public charge” rule so it can include non-cash benefits when determining whether an alien is likely to be financially dependent on the government. This could increase documentation requirements and processing times for some employment-based immigration cases. The 2022 rule allows DHS to deny a petition to adjust immigration status...
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Category: Immigration

DHS Eliminates Automatic Extension Of Work Authorization

USCIS issued an interim final rule October 29 that ends the automatic extension of Employment Authorization Documents for renewal applications, effective for renewals filed on or after October 30. Employees will not be able to work after their EAD expires unless USCIS approves the renewal and issues a new card. Previously, employees in specified categories could continue working for up to 540...
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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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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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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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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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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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