Uncertainty continues to surround the new presidential proclamation on H-1B visas, as critical operational details remain unresolved. Employers, attorneys, and H-1B beneficiaries alike should proceed with caution and be prepared for additional guidance and possible changes in the days ahead. We have published a more detailed overview of the proclamation, but in response to the immediate concerns raised by our community, we have prepared answers to some of the most pressing questions. These responses are based on the latest guidance from United Citizenship and Immigration Services (“USCIS”) and other official sources.
Read moreNavigating the New H-1B Executive Action: Advisory for H-1B Visa Holders
On Friday, September 19, 2025, President Trump issued a proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” putting into effect a ban on H-1B specialty occupation employees from entering the United States as of September 21, 2025, unless their employer had paid a $100,000 fee for the sponsored employee. The announcement was unclear and seemed to imply that the newly imposed fee was applicable to all H-1B visa holders who were outside of the US on the 21st of September. As a result, a frenzy besieged the employment-based immigration community with many H-1B workers receiving “urgent e-mails…with travel advisories to remain in the US and asking those outside the country to return before the 12:01AM deadline on Sunday, September 21st.
Read moreUSCIS to Add Special Agents to Enforce Immigration Laws
On September 4, 2025, United States Citizenship and Immigration Services (“USCIS”) announced that the agency will now be authorized to employ its own law enforcement agents with arrest powers in accordance with the final rule printed in the Federal Register on September 5, 2025.
Read moreTrump Administration Intensifies Immigration Crackdowns After Colorado Attack
On June 4, 2025, US Citizenship and Immigration Services, together with US Customs and Border Protection (“CBP”) and Immigration and Customs Enforcement (“ICE”) announced a plan to ramp up the review and enforcement of immigration records. Under the direction of the Secretary of Homeland Security Kristi Noem, the plan targets visa overstays, which the Trump administration claims have increased due to what they call the Biden administration’s weak immigration policies. Since the announcement, as a result of immigration enforcement campaigns carried out by ICE there have been numerous immigration protests beginning in Los Angeles and spanning the country to the East Coast.
Read moreTrump Administration Offers Money and Travel to Migrants Who Choose to Leave
On May 5, 2025, the US Department of Homeland Security (“DHS”) announced a plan to facilitate President Trump’s mass deportation agenda. The administration announced a “historic opportunity” for undocumented migrants to receive a $1,000 stipend and a free trip home if they agree to leave the US of their own accord. To take part in this program, those who decide to self-deport will use the Trump administration’s “CBP Home” App which was launched to aid in voluntary self-deportations.
Read moreNew DHS Registration Requirement for Foreign Nationals from April 11, 2025
On April 11, 2025, a significant change to US immigration enforcement took effect. The United States Department of Homeland Security (“DHS”), through US Citizenship and Immigration Services (“USCIS”), began implementing a new registration requirement for certain foreign nationals physically present in the United States for 30 days or longer. This change stems from President Trump’s January 2025 Executive Order titled Protecting the American People Against Invasion and is detailed in an Interim Final Rule published in the Federal Register on March 12, 2025. This post explains what the new registration requirement entails, who it affects, and what actions foreign nationals must take to remain in compliance with US immigration law.
Read moreDHS Publishes H-1B Modernization Final Rule to Improve Program Integrity and Efficiency
On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.
The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.
Read moreDHS Permanently Increases Automatic Extension of Certain Employment Authorization Documents for Certain Applicants
On December 10, 2024, The Department of Homeland Security (“DHS”) announced a permanent increase in the automatic extension period for employment authorization documents (“EADs”) up to 540-days from the current 180-days period for certain applicants who timely and properly filed their Form I-765 applications for work authorization.
Read moreDHS to Introduce AI Pilot Programs
On March 18, 2024, the Department of Homeland Security (“DHS”) announced three planned pilot programs to be introduced this year which will utilize artificial intelligence (“AI”) for the advancement of homeland security. DHS’ first “Artificial Intelligence Roadmap” outlines how the government will use AI to deliver “meaningful benefits to the American public and advance homeland security, while ensuring that individuals’ privacy, civil rights, and civil liberties are protected.”
Read moreUSCIS Fee Increases to Begin April 1, 2024
United States Citizenship and Immigration Services (“USCIS”) announced the publication of a final rule to adjust immigration and naturalization requests fees. Noting that the fee increase is the first since 2016, and necessary for recovering the costs of operations, the new fees will be effective on April 1, 2024. The new fee schedule table details the filing fees to be collected by petition or application type. “For individual filers, the final rule generally limits newly established fees to no more than the increase in the Consumer Price Index since 2016, which is 26%.” However, the fees associated with employment-based visas and employer sponsored green card petitions have been significantly increased.
Read more