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Category: Immigration

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...
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Category: Immigration

USCIS Completes FY 2027 H-1B Cap Lottery

U.S. Citizenship and Immigration Services has received enough electronic registrations during the initial H-1B lottery registration period to reach the fiscal year 2027 H-1B cap, including the advanced degree exemption cap, USCIS announced March 31. USCIS has completed the selection process and notified employers whose registrations were selected. Selection in the lottery confers eligibility to file a cap‑subject petition but...
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Category: Immigration

Proposed DHS Rule Would Restrict Work Authorization For Asylum Applicants

The Department of Homeland Security published a proposed rule February 23 that would modify work authorization eligibility and filing rules for individuals that have pending asylum applications. The DHS proposal would delay and occasionally pause initial work permits and increase the likelihood of work authorization gaps for such individuals. Public comments are due April 24. If the proposed rule is adopted, asylum...
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Category: Immigration

USCIS Announces FY 2027 H 1B Lottery Registration Opens March 4 With New Weighted Selection Process

USCIS will open the FY 2027 H-1B lottery electronic registration period on March 4, 2026. Employers will have until March 19 to submit electronic registrations using their USCIS online accounts and pay the $215 registration fee per beneficiary. USCIS is expected to send out selection notices by March 31, 2026. Under USCIS’ new weighted selection rule, employers will receive more lottery...
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Category: Immigration

State Department Pauses Immigrant Visa Processing for 75 Countries

Effective January 21, the State Department has paused issuing immigrant visas for nationals of 75 countries out of concern that these immigrants will use welfare programs in the United States. An immigrant visa is a permanent visa that allows an individual to enter the country and automatically become a lawful permanent resident (green card holder) upon admission. The pause does...
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Category: Immigration

USCIS Adopts Weighted H-1B Lottery To Favor Higher Wages

USCIS has finalized a rule that replaces the random H-1B lottery with a weighted selection process that favors higher-paid H-1B candidates. The rule, published December 29, 2025, will be in effect for the upcoming FY 2027 H-1B season. Under the new system, lottery registrants will receive multiple entries based on the wage level offered to the H-1B candidate: Level IV...
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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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