On March 12th, the Department of Homeland Security published an Interim Final Rule (“IFR”) partially implementing section 7 of Executive Order 14159, Protecting the American People Against Invasion (Jan. 20, 2025) (the “Executive Order”). Section 7 of the Executive Order directed the Secretary of Homeland Security, and others, to ensure that all previously unregistered noncitizens in the United States comply with the registration provisions of the Immigration and Nationality Act (the “INA”). The INA generally requires that all noncitizens
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Ruder Ware Blogs
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USCIS Announces Revised Form I-9
On April 2nd, USCIS announced they had made available a revised Form I-9 for employment eligibility verification. The new form, available at the USCIS website, has an edition date of 01/20/25 and an expiration date of 05/31/27. USCIS will also continue to accept the following previous versions of the form:
- Form I-9 (08/01/2023 edition) with expiration date of 05/31/27.
- Form I-9 (08/01/2023 edition) with expiration date of 07/31/26.
Employers with questions about the new I-9 form, their employment
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DHS Announces Termination of CHNV Parole Program
On March 25, 2025, the Department of Homeland Security (DHS) published a notice terminating the categorical parole program for certain aliens from Cuba, Haiti, Nicaragua, and Venezuela (“CHNV”) and their immediate family members. The program is set to end on April 24, 2025.
Individuals currently in the United States under the CHNV parole program who wish to remain in the United States should immediately seek a lawful immigration status or other basis allowing them to stay.
Employers concerned about
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Bye Bye Bye: FinCEN Issues CTA Update
On March 21, 2025, FinCEN announced an end to Corporate Transparency Act (CTA) reporting requirements for U.S. citizens and domestic companies.
In line with the U.S. Department of Treasury’s announcement earlier this month, FinCEN has issued an interim final rule narrowing the scope of beneficial ownership information (BOI) reporting under the CTA.
Under the interim final rule, reporting companies are now limited to “those entities that are formed under the law of a foreign country and that have registered
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Welcome R. Fletcher Koch
We’re excited to welcome Attorney Fletcher Koch to Ruder Ware’s Litigation & Dispute Resolution Team. Fletcher excels at negotiating favorable outcomes by mastering the facts, identifying each party’s strengths and weaknesses, drafting persuasive briefs, and effectively advocating for our clients. Join us in celebrating his addition to the team! Learn more about Fletcher.
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Hello, Goodbye: CTA Enforcement Suspended
The U.S. Department of the Treasury suspended enforcement of the Corporate Transparency Act (CTA) for U.S. citizens and domestic reporting companies. On Sunday night, the Treasury announced that U.S. citizens and domestic reporting companies will no longer face penalties or fines for failure to report under the CTA.
In its announcement, the Treasury stated it plans to issue a proposed rulemaking that will narrow the reporting requirements only to foreign reporting companies. The Treasury stated that the proposed
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Yo-Yo-Yo: CTA is Back
The Corporate Transparency Act (CTA) and its reporting requirements are back in effect. This afternoon, a federal district court in Texas granted the U.S. government’s motion to stay (i.e., pause) the nationwide CTA injunction.
Based on FinCEN’s most recent alert, FinCEN intends to extend the reporting deadline for all reporting companies to 30 days from today (March 20, 2025), but FinCEN has not announced an official deadline. FinCEN also stated that it intends to “assess its options to
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It’s Tricky! Tracking the CTA
The Corporate Transparency Act (CTA) remains on hold due to a nationwide injunction granted by a federal District Court in Texas in Smith v. U.S. Department of the Treasury. However, given pending legal battles and legislative movements under the new administration, the status of the CTA could be facing imminent change.
While there are several pending legal proceedings with respect to the CTA, the two most prominent are summarized below.
(1) Smith, et al. v. U.S. Department of Treasury,
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USCIS Unveils Key Dates and Fee Increase for FY 2026 H-1B Cap Registration
For employers seeking to sponsor foreign national professionals, awareness of the H-1B cap registration deadline is critical. Registration for the FY 2026 H-1B Cap lottery will start at 12 p.m. Eastern Time on March 7 and end at 12 p.m. Eastern Time on March 24. This year, the registration fee has been increased to $215.
The FY 2026 H-1B Cap lottery will use the same beneficiary-centric selection process as was used in FY 2025. Employers will again be required
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What to Expect When Your Employee is Expecting Under the Pregnant Workers Fairness Act
By Nicole L. Stangl and Morgan H. SweeneyFebruary 7, 2025
For many years, employers have been operating within the confines of the Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”), and the Wisconsin Fair Employment Act (“WFEA”) when a pregnant employee needs time off or an accommodation. Now employers have a new law to consider, and one that is arguably more favorable to the employee: the Pregnant Workers Fairness Act (“PWFA”).
The PWFA went into
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You’re Invited: Ruder Ware Employment & Benefits Conference
January 28, 2025
Our Employment & Benefits Team is excited to invite you to one of our most popular, long-standing conferences. The event is tailored to HR professionals and offers practical, actionable insights to empower HR teams in making informed decisions. Join us in either Eau Claire or Green Bay; light breakfast items and refreshments included.
Cost:
$30 (PDF materials provided)
Full Agenda
7:30 a.m. Registration
8:00 a.m. Welcome & Introductions
8:05 – 8:45 a.m.Where is the Paper Trail?:
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CTA Reporting Requirements Paused – FinCEN Under Pressure
In an alert posted this morning, FinCEN has announced that reporting companies are not currently required to file beneficial ownership reports even with the U.S. Supreme Court’s order yesterday.
Instead of issuing a new deadline for filing reports, FinCEN stated that despite the Supreme Court granting a stay (i.e., pause) of the nationwide block on enforcing the CTA, another nationwide order issued by a federal judge on January 7th remains in place (Smith v. U.S. Department of
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Livin’ on a Stay: The CTA Saga Continues
The Corporate Transparency Act (“CTA”) and its beneficial ownership reporting requirements are back in effect. Earlier today, the U.S. Supreme Court granted the federal government’s request to stay (i.e., pause) the nationwide block on enforcing the CTA.
The merits of the CTA are still under review by the 5th Circuit Court of Appeals, with oral arguments scheduled for March 25, 2025. With the Supreme Court’s decision today, the CTA is currently enforceable unless the 5th Circuit rules otherwise based
Continue Reading Livin’ on a Stay: The CTA Saga Continues
Employers Should Pay Attention to Major Changes to Immigration Policy Under the Second Trump Administration
All employers, regardless of whether they sponsor employees for work visas, should closely monitor the Trump Administration’s evolving immigration policies. This is critical due to an anticipated surge in the enforcement of immigration laws and the potential labor supply disruptions stemming from significant changes to immigration policy. Employers who are unsure about their I-9 compliance, operate in immigrant-reliant industries, or lack a plan for managing unannounced site visits from federal officers seeking to enforce immigration laws, should act now
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Judge Tosses DOL Overtime Increase – What Employers Should Be Considering and Other Wage & Hour Reminders
On November 15, 2024, a federal judge for the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s (DOL’s) 2024 overtime rule (“Overtime Rule”). This decision came months after the Overtime Rule went into effect and the first increase to the salary requirement was implemented. Due to the delay in the ruling, many employers have already made changes to comply with the first increase and are left wondering what they should do now.
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The CTA Journey – It Goes On and On and On
January 3, 2025
The Corporate Transparency Act (“CTA”) has been on a journey this past month with a whirlwind of court rulings: halted by a federal district court, reinstated by the Fifth Circuit’s motions panel, had its reporting deadlines extended by FinCEN, and then halted again by the Fifth Circuit’s merits panel. Amidst all this back-and-forth, predicting what will happen next can be challenging, but here are a few possible scenarios.
(1) The Fifth Circuit Court of Appeals Briefing
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