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On May 21, 2026, U.S. Citizenship and Immigration Services (“USCIS”) released a policy memo limiting the issuance of green cards based on adjustment of status to applicants demonstrating the need for extraordinary relief. The policy memo states that adjustment of status should be a discretionary measure, not an expected benefit. Absent extraordinary circumstances, applicants seeking permanent residency should follow the traditional consular visa process in their home country.

The policy memo applies to applicants who are permitted to seek…
Continue Reading UPDATE: USCIS Limits Adjustment of Status to Applications Demonstrating Need for Extraordinary Relief

On May 21, 2026, U.S. Citizenship and Immigration Services (“USCIS”) issued a policy memo titled Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process (the “Policy Memo”). According to the Policy Memo, adjustment of status to Lawful Permanent Resident is a discretionary benefit not designed to supersede the regular consular visa-issuing process. This is a departure from the longstanding procedure for seeking…
Continue Reading USCIS Limits Adjustment of Status to Applications Demonstrating Extraordinary Relief

The fiscal year (“FY”) 2027 H-1B cap season will be the first to operate under a weighted selection system that replaces the prior fully random lottery. Employers should understand how this new process affects both the regular (bachelor’s) cap and the advanced degree (master’s) cap, as it changes selection mechanics but not the overall annual numerical limits.

The Congressional limits and the online registration process are unchanged:

  • 65,000 regular (bachelor’s) cap.
  • 20,000 advanced degree (U.S. master’s or higher) cap.

…
Continue Reading FY 2027 H-1B Cap: What Employers Need to Know About the New System

The U.S. Department of Homeland Security finalized a new rule implementing a weighted selection process for H-1B petitions. Effective February 27, 2026, the rule introduces a weighted selection process that prioritizes H-1B registrations based on the offered wage. This new framework will apply for the upcoming H-1B cap season and may impact your business’s immigration strategy.
How the Previous H-1B Selection Process Worked
Previously, a company was given one chance for selection per potential employee submitted. The lottery was…
Continue Reading DHS Finalizes New Weighted Selection Rule for H-1B Petitions: WhatEmployers Need to Know for the March 2027 Lottery

Visa USA in Foreign Passport for Tourism

On January 14, 2026, the Department of State announced a pause on immigrant visa processing for applicants who are nationals of the following 75 countries:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic,…
Continue Reading Department of State Freezes Immigrant Visa Processing for 75 Countries

Several changes impacting employers in jurisdictions across the nation on the federal and state level are summarized below in our latest blog post.
Federal Law Updates
New Updates on the H-1B Visa

  • U.S. Citizenship and Immigration Services (USCIS) recently issued new guidance on the new $100,000 H-1B Visa application fee. The $ 100,000 application fee applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on Sept. 21, 2025.

On Sept. 19, 2025, President Trump…
Continue Reading Federal and State Employment Law Update

On October 30, 2025, the Department of Homeland Security (“DHS”) ended automatic extensions of employment authorization documents (“EAD”) for certain foreign nationals. Previously, filing a timely renewal application would grant an automatic extension for certain categories of EADs. DHS will now prioritize proper screening and vetting of foreign nationals before granting EAD extensions.

Under the Biden administration, certain foreign nationals who held EAD authorization received an automatic extension of their work authorization for up to 540 days if they…
Continue Reading DHS Ends Automatic Extensions of Employment Authorization Documents: What Employers Need to Know

On October 20, 2025, the United States Citizenship and Immigration Service (USCIS) issued new guidance clarifying how the recent $100,000 H-1B fee proclamation would be implemented, notably:

  • The $100,000 fee does not apply to petitions filed before September 21, 2025.
  • The $100,000 fee does not apply to petitions filed on or after September 21, 2025, requesting a change of status, amendment, or extension of stay (beneficiary should not depart while petition is pending to ensure fee does not apply).

…
Continue Reading USCIS Issues New Guidance on $100,000 H-1B Fee Proclamation

This client alert provides updates on our previous guidance related to the September 19, 2025, Presidential Proclamation (the “Proclamation”), Restriction on Entry of Certain Nonimmigrant Workers. On October 20, 2025, U.S. Citizenship and Immigration Services (“USCIS”) published updated guidance on the applicability of the Proclamation. The update clarifies:

  • Who is subject to the $100,000 payment;
  • Who is NOT subject to the payment;
  • How to pay the new fee; and
  • How to request an exception in the National Interest.

    • …
    Continue Reading USCIS Clarification on Restriction on Entry of Certain Nonimmigrants

    On October 16, 2025, the U.S. Chamber of Commerce filed a lawsuit in the U.S. District Court for the District of Columbia against the U.S. Department of State and the U.S. Department of Homeland Security. The lawsuit seeks a declaration that President Trump’s recent proclamation imposing a $100,000 fee on new H-1B petitions is unlawful, and an injunction preventing the agencies from implementing the fee.

    This marks the second legal challenge to the $100,000 H-1B fee proclamation. Earlier this…
    Continue Reading U.S. Chamber of Commerce Sues Trump Administration Over $100,000 H-1B Fee Proclamation

    On September 19, 2025, the U.S. Department of Labor (DOL) announced the launch of Project Firewall, described as “an H-1B enforcement initiative that will safeguard the rights, wages, and job opportunities of highly skilled American workers by ensuring employers prioritize qualified Americans when hiring workers and holding employers accountable if they abuse the H-1B visa process.”
    Compliance and Penalties Under Project Firewall
    Through Project Firewall, where there is reasonable cause that an H-1B employer is not in compliance, the…
    Continue Reading Project Firewall Targets H-1B Employers: Best Practices for Compliance

    On September 19, 2025, the President signed an executive order directing the creation of a “Gold Card” program in which a one-million-dollar gift to the United States on behalf of an individual or two-million-dollar gift to the United States by an entity on behalf of an individual shall be treated as evidence of eligibility for an employment based first or second preference immigrant visa. The Department of Commerce, Department of State, and Department of Homeland Security have 90 days…
    Continue Reading White House Announces Gold Card Visa Program and Teases Upcoming Platinum Card Visa Program with Unique Tax Benefits

    Late last week, the White House issued a Proclamation which added a payment requirement of $100,000 to new H-1B petitions. The Proclamation provides a narrow exception for persons whose employment is determined in the Secretary of Homeland Security’s discretion to be in the national interest of the United States. This new requirement went into effect on September 21, 2025, and expires after 12 months absent extension.

    A memorandum issued by USCIS later clarified that the proclamation only applies to…
    Continue Reading Presidential Proclamation Creates $100,000 Payment Requirement for New H-1B Petitions

    On August 22, 2025, Secretary of State Marco Rubio announced the federal government will pause issuing new visas for foreigners seeking to be commercial truck drivers.

    On X, Rubio said: “[T]he increasing number of foreign drivers operating large tractor-trailer trucks on U.S. roads is endangering American lives and undercutting the livelihoods of American truckers.”

    The announcement came after a fatal accident involving an alleged undocumented immigrant who reportedly made an illegal U-turn with a commercial vehicle. According to

    …
    Continue Reading An Uncertain Road: The Trump Administration’s Pause on New Visas for Commercial Truck Drivers

    On June 20, 2025, the United States Department of Homeland Security (“DHS”) announced a new functionality of E-Verify called a Status Change Report. The announcement instructs E-Verify employers to regularly log in to E-Verify to generate Status Change Reports and to immediately begin the reverification process for “each current employee whose EAD the Status Change Report indicated was revoked” within a reasonable amount of time.

    As all employers should be aware, federal law makes it unlawful for an employer…
    Continue Reading E-Verify Users Beware: New E-Verify Feature Makes it Easier to Charge Employers with Knowledge that an Employee’s EAD Has Been Revoked

    Over the past month, the Trump administration has announced several changes impacting F-1 visa programs. F-1 visa interviews have been paused, visas have been purportedly cancelled, and some program certifications have been revoked. Lawsuits have been filed to stymie these changes and conditions continue to evolve. These developments may affect an employer’s plans for CPT, OPT, or STEM OPT employment of foreign nationals.

    Employers—current or prospective—concerned about how these changes may impact their staffing or immigration strategies are encouraged…
    Continue Reading F-1 Visa Changes Create Uncertainty for Employers and Students