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This article provides an UPDATE on our advisory from September 20, 2025, regarding the Trump Presidential Proclamation requiring payment of a $100,000 fee for individuals entering the United States. The White House, U.S. Citizenship & Immigration Services’ (USCIS)  Memorandum and FAQ page, as well as Customs and Border Protection (CBP), have provided some clarifications, but […]

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PLEASE REVIEW OUR UPDATED ARTICLE, DATED SEPTEMBER 22, 2025, FOR THE MOST CURRENT INFORMATION ON THIS RAPIDLY EVOLVING ISSUE. On Friday September 19, 2025, President Trump issued a proclamation restricting the entry of H-1B visa holders into the United States without payment of a $100,000 fee. As of this writing, details on what the Presidential […]

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On July 18, 2025, the U.S. Citizenship & Immigration Services (USCIS) announced it had received enough H-1B Cap-Subject applications to reach the congressionally mandated maximum of H-1B visas for Fiscal Year 2026. Background: The H-1B nonimmigrant status/visa is an employer sponsored temporary work status for foreign national professional workers in specialty occupations in the United States. The H-1B […]

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On February 25, 2025, USCIS announced information for the initial registration period for the FY2026 H-1B cap.  The fiscal year will run from October 1, 2025, to September 30, 2026.  Individuals selected in this year’s H-1B lottery who then submit an H-1B petition that is approved, may begin working in H-1B Status on October 1, […]

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U.S. employers are required to keep certain documentation and files.  Some documents, like Federal Form I-9, Employment Eligibility Verification, are required for ALL U.S. employees.  Other documents are required only for employees going through certain immigration processes. Here are some tips for employers to ensure they are ready if the Department of Homeland Security (DHS) […]

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On December 18, 2024, the U.S. Department of Homeland Security (DHS) published its final H-1B Modernization Rule, which goes into effect today, January 17, 2025.  With the publication of the final rule, DHS hopes to “modernize and improve the efficiency of the H–1B program, add benefits and flexibilities and improve integrity measures.” Here are some […]

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Under the H-1B Modernization and Nonimmigrant Program Improvement Rule published on December 18, 2024, the Department of Homeland Security (DHS) codified its current deference policy for nonimmigrant petitions. Under U.S. Citizenship & Immigration Services (USCIS) policy, when a nonimmigrant petition involves the same parties and the same underlying facts, USCIS adjudicators should generally defer to […]

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Español The next Trump administration will directly attack all types of immigration, including legal immigration pathways through employment. As we saw during the first Trump administration, we will likely again see mandates for interviews in all lawful permanent residency cases, including employment-based cases, and a decrease in critical agency resources dedicated to reviewing and adjudicating […]

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English La próxima administración de Trump atacar directamente todos los tipos de inmigración, incluyendo las vías legales de inmigración a través del empleo. Como vimos durante la primera administración de Trump, es probable que volvamos a ver la implementación de entrevistas obligatorias en todos los casos de residencia permanente legal, incluyendo los basados en empleo, […]

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On October 20, 2023, the U.S. Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) for the H-1B Specialty Occupation Program. With these proposed rules, DHS hopes to modernize the program “by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures.” The […]

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On March 27, 2023, the U.S. Citizenship & Immigration Services (USCIS) announced that it has completed its random selection lottery for H-1B Cap subject cases for Fiscal Year (FY) 2024. This includes both the “regular cap” and “advanced degree cap.” Under the annual limit (“cap”) set by Congress, each fiscal year, there are 65,000 available […]

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United States Citizenship and Immigration Services (USCIS) has announced that the window for filing electronic H-1B registrations will open on Tuesday, March 9, 2021 at noon Eastern and will close at noon Eastern on Thursday, March 25, 2021. Any employer seeking file an H-1B petition on behalf of a foreign worker must submit a registration […]

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