DHS Finalizes End Of Automatic EAD Extensions

The Department of Homeland Security has issued a final rule ending automatic extensions of employment authorization for many workers seeking to renew their Employment Authorization Documents. The final rule, issued October 14, adopted without change DHS’ 2025 interim final rule. Under the rule, which finalizes the policy in effect since October 30, 2025, eligible renewal applications filed on or after...

White House Executive Order Puts H-1B Employers’ Layoffs Under Increased Scrutiny

A new Executive Order instructs federal agencies to consider an employer’s recent and planned layoffs when reviewing H-1B matters and signals increased scrutiny of employers using the H-1B program. On September 18, President Trump issued an Executive Order directing the Departments of State, Labor, and Homeland Security — when reviewing H-1B labor condition applicants (LCAs), petitions, visas, and entry requests...

DHS Proposes Eliminating 60-Day Grace Period For H-1B And Other Nonimmigrant Workers

The Department of Homeland Security has proposed eliminating the 60-day grace period that helps some visa recipients remain in the United States after their employment ends. Under the September 11 proposal, DHS would rescind the regulation that permits workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, and their dependents, to remain in the United States for...

DHS Proposes $103,265 Fee For Cap-Subject H-1B Petitions

The Department of Homeland Security has published a proposed rule that would establish a new $103,265 fee for all H-1B petitions subject to the annual cap, including petitions filed under the advanced-degree exemption. The fee would be imposed in addition to all existing H-1B filing fees but would not apply to cap-exempt H-1B petitions. If finalized, the proposal would fundamentally change the...

E-Verify Expands “Status Change Report” To Flag Additional Invalidated EADs

Employers will have new reverification obligations and heightened compliance risks under an E-Verify expansion implemented by DHS. The E-Verify Status Change Report now includes invalidated Employment Authorization Documents (EADs) issued to individuals granted Temporary Protected Status (TPS), TPS applicants, asylum applicants with pending asylum applications, and adjustment of status for permanent residence applicants. Previously, the report identified only specified parolee EADs....

DHS Expands Additional Biometric Fee To H-1B And L-1 Visa Extension Filings

Covered employers will have to pay the 9-11 Response and Biometric Entry-Exit Fee on all H-1B and L-1 extension-of-status petitions, including routine same-employer extensions, beginning September 9. A final rule from DHS is expanding the fee to all H-1B and L-1 extension-of-status petitions filed by employers that have at least 50 employees in the United States and whose U.S. workforce is more...

DOJ Settlement Signals Increased Scrutiny Of PERM Recruiting Practices

OpenAI and the Justice Department’s Immigrant and Employee Rights Section have settled a case involving allegations that OpenAI discriminated against U.S. workers in recruitment tied to the permanent labor certification process. The settlement requires OpenAI to pay $1.2 million, establish a $2 million back-pay fund, and revise its PERM recruiting practices. The PERM program allows employers to sponsor workers for...

Federal Court Strikes Down $100,000 H-1B Fee

A federal court has vacated the Trump Administration’s $100,000 H-1B fee nationwide. In California v. Mullin, the U.S. District Court for Massachusetts on June 8 granted summary judgment for the states that challenged the fee. The court concluded that the $100,000 fee functioned as a tax rather than as a permissible user fee and that Congress had not delegated taxing authority...

USCIS Narrows Use Of Adjustment Of Status For Employment-Based Green Cards

A new USCIS policy signals heightened scrutiny at the final stage of the green card process and will likely require more applicants to complete the permanent residency application process at U.S. consulates outside the United States. Adjustment of status (AOS) is the process that many foreign nationals use to obtain lawful permanent residence (a “green card”) from within the United...

ICE Reclassifies Common Form I-9 Errors As Substantive Violations

Recent updates to ICE’s Form I-9 Inspection Fact Sheet significantly increase employers’ penalty exposure by reclassifying many previously curable paperwork errors as substantive violations subject to immediate fines. U.S. Immigration and Customs Enforcement changed the classification for some Form I-9 errors on March 16. Previously, ICE treated many routine minor errors, such as forgetting to insert a date, as technical or...