The November 2025 Visa Bulletin: Continued Employment-Based Green Card Backlogs Demonstrate the Need to Consider Alternative Immigration Options The November 2025 Visa Bulletin brought limited movement across most employment-based categories, leaving many foreign nationals, particularly those born in India, facing continued uncertainty about their green card timelines. For many professionals who have lived and worked […]
Update on H-1B $100K Fee – Second Lawsuit Filed Challenging Fee; USCIS Issues Implementation Guidance. U.S. Chamber of Commerce H-1B Fee Litigation On October 16, 2025, a second federal lawsuit was filed challenging the $100,000 H-1B fee, this time by the U.S. Chamber of Commerce (U.S. Chamber). The lawsuit, filed in the District Court for […]
October 2025 A recent USCIS Alert has clarified that it will continue to process H-1B, H-2A, H-2B, and CW-1 petitions during the shutdown. Employers can therefore expect ongoing adjudication of Form I-129 and Form I-129CW petitions filed with USCIS. However, the agency acknowledged that the shutdown may affect an employer’s ability to obtain prerequisite Department […]
October 15, 2025 On October 14, 2025, the U.S. Supreme Court declined to review a lower court decision upholding the U.S. Department of Homeland Security’s (DHS) authority to grant employment authorization to certain spouses of H-1B visa holders. The decision leaves in place the long-standing H-4 Employment Authorization Document (EAD) program established under the Obama […]
USCIS has confirmed that E-Verify is back online following a system outage resulting from the Federal Government shutdown. The agency has provided grace periods and specific instructions for cases impacted during the downtime. What E-Verify Employers Must do Now Create backlogged cases by Tuesday, Oct. 14, 2025. For each employee hired while E-Verify was unavailable, […]
On Friday October 3, 2025, a lawsuit was filed in the U.S. District Court for the Northern District of California seeking to enjoin and overturn the $100,000 fee imposed on September 19, 2025, by President Trump. The Presidential Proclamation announcing the new fee indicated that it would be imposed on all new H-1B petitions filed […]
The US Department of Labor (“DOL”) has announced “Project Firewall”, an effort to enhance H-1B visa enforcement around wages and compliance. The goals of Project Firewall are to ensure employers prioritize qualified Americans when hiring and to hold employers accountable if they misuse the H-1B visa category. The DOL has always had authority to investigate employers […]
With the possibility of a U.S. Government shutdown at 12:01 AM on Wednesday, October 1, 2025, becoming increasingly likely, we provide the following brief summary of how the shutdown will impact the agencies administering immigration processes: USCIS: USCIS will remain open as it does not rely on Congress appropriations for its funding. The few programs […]
USCIS and CBP have issued guidance on President Trump’s September 19 proclamation restricting H-1B travel and filings. The agencies confirmed that the proclamation only applies to H-1B petitions filed on or after September 21, 2025. Key Takeaways for Employers and Employees Current H-1B holders not impacted: Individuals with an approved or pending H-1B petition filed […]