Right before the holiday weekend, US Citizenship and Immigration Services (“USCIS”) issued a new policy memorandum addressing Adjustment of Status, the process that routinely allows certain green card applicants who are already in the United States to apply for permanent residence without leaving the country. The alternative is for applicants to complete immigrant visa processing at the US consulate abroad in their home country. USCIS’ announcement on May 22, 2026, changed the framework for Adjustment of Status suggesting that it will now be granted “only in extraordinary circumstances.”
Read moreEmployers See Rise in Labor Department Immigration Enforcement Site Visits
On September 19, 2025, the Department of Labor ("DOL") launched "Project Firewall", a broad enforcement initiative aimed at strengthening employer compliance with the H-1B visa program "to protect America's highly skilled workforce." This coincided with President Trump's proclamation, "Restriction on Entry of Certain Nonimmigrant Workers", issued the same day. A key feature of Project Firewall is the use of Secretary-certified investigations. For the first time in DOL history, the Secretary of Labor will personally certify the initiation of investigations where there is "reasonable cause" to believe an employer is not in compliance. Investigations may be launched through secretary certification or traditional enforcement channels. This marks a significant expansion of the DOL's enforcement role and, according to a report by Bloomberg Law on April 7, 2026, a DOL official noted "the department has marked a 48% increase in its caseload" of H-1B investigations since launching the program.
Read moreMore US Visa Applicants Will Be Subject to Online Screening Starting March 30
On March 25, 2026, the US Department of State (“DOS”) announced that beginning March 30, it is expanding its review of applicants’ online presence to include several additional nonimmigrant visa categories. The expanded screening update includes those applying for A-3, C-3 (for domestic workers), G-5, H-3 (and H-4 dependents of H-3 holders), K visas (K-1, K-2, K-3), as well as Q, R-1, R-2, S, T, and U visas. Visa applicants under these categories will now undergo a review of their publicly available social media and online activity. To facilitate this vetting, all applicants are instructed to adjust the privacy settings on all of their social media profiles to “public.”
Read moreFY2027 H-1B Lottery Kick Off
Here we are, ready to kick off the fiscal year 2027 (“FY2027”) H-1B cap. US Citizenship and Immigration Services (“USCIS”) announced the initial registration period for the FY2027 H-1B cap will begin at 12 Noon Eastern on March 4, 2026, and run through 12 Noon Eastern on March 19, 2026. During this registration period, prospective petitioners and representatives will be able to submit their H-1B registrations using online accounts and pay the required fee of $215 for each registration submitted on behalf of individual beneficiaries. The Service is maintaining its beneficiary-centric selection process launched for FY2025.
Read moreTrump Administration Pauses Immigration Applications for Travelers From Restricted Countries
On December 2, 2025, United States Citizenship and Immigration Services (“USCIS”) paused processing of several types of immigration applications, including asylum, green cards, and citizenship requests, for individuals from 19 countries previously restricted under the administration’s updated travel policies while USCIS conducts additional security reviews. The decision comes after an Afghan national, who had been granted humanitarian parole into the United States based on his work with CIA counterterrorism unit in Afghanistan after the fall of Kabul, and subsequently granted asylum in April 2025, under the Trump administration, was identified as the November 26th shooter in Washington, D.C., that killed one National Guard member and left another in critical condition.
Read moreWhen the H-1B Is Out of Reach: Hiring Skilled Workers Without the $100,000 Fee
Small businesses that rely on specialized talent have long turned to the H-1B visa as the primary route to hire foreign professionals. The new requirement that employers pay a $100,000 fee for many H-1B cases filed after September 21, 2025 has changed that calculation. For large corporations, this new cost may be absorbable but for startups, boutique firms, local clinics, research labs, engineering shops, technology innovators, and other small employers, the fee can make the H-1B category functionally unavailable. Many employers who would ordinarily pursue H-1B sponsorship are now searching for realistic alternatives. This shift does not eliminate the possibility of hiring foreign talent. It does require creative, early planning to determine whether another visa classification aligns with the company’s needs and the candidate’s background. The goal is to match the role, the qualifications, and the business structure to a category that supports employment without triggering the $100,000 H-1B entry fee.
Read moreUSCIS Issues New Guidance on $100K H-1B Fee
Following President Trump’s September 19, 2025 proclamation “Restriction on Entry of Certain Nonimmigrant Workers” requiring employers to pay a $100,000 fee for certain H 1B workers seeking to enter the United States, United States Citizenship and Immigration Services (“USCIS”) released additional guidance on October 20, 2025. This update, published on USCIS’s H-1B webpage , clarifies how and when the new fee applies but still leaves several key issues unresolved.
Read moreDHS Ends Automatic Extensions of Work Permits for Renewal Applicants
On October 30, 2025, The Department of Homeland Security (“DHS”) along with United States Citizenship and Immigration Services (“USCIS”) published an interim final rule ending the automatic extension of Employment Authorization Documents (“EADs”) for certain categories of applicants who file renewal requests on or after October 30, 2025. Under the previous regulation, USCIS automatically extended work authorization and EAD validity for up to 540 days for individuals in specific eligibility categories while their renewal applications were pending in an attempt to ease the effects of USCIS delays in processing. The new interim final rule does not affect any EADs that were automatically extended before October 30, 2025.
Read moreHelpful Q and A’s on the New H-1B Visa Rule
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.
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