Federal Employment Law Articles

Immigration - Visas

Articles Discussing Employment-Related Visas.

For Law Firms

Get your firm featured on ELINFONET

We feature your alerts & events and send the clicks straight to your site.

Become an affiliate

State Department Announces Suspension of Immigrant Visa Issuance for 75 Countries

Ogletree Deakins·

Effective January 21, 2026, the U.S. Department of State will pause issuance of immigrant visas to applicants from seventy-five designated countries. This announcement renews the Trump administration’s push for immigrants to demonstrate they are “financially self-sufficient and not a financial burde

February 2026 Visa Bulletin Shows Advancement in the EB-3 Category, Except for China-Mainland and India

Ogletree Deakins·

The U.S. Department of State’s February 2026 Visa Bulletin shows advancement from the January 2026 Visa Bulletin in both final action dates and dates for filing in the EB-3 category. U.S. Citizenship and Immigration Services (USCIS) recently announced that it would continue to accept employment-base

Employee Stranded Abroad? Navigating U.S. Visa Delays and International Remote Work Risks

Ogletree Deakins·

Some U.S. employers are facing a complicated situation: a foreign national employee on a work visa, such as an H-1B, travels abroad for what should be a short trip, with the goal of renewing the visa stamp travel document, only to become stranded due to unforeseen visa processing delays. With

DHS Drops One‑Year Abroad Hurdle for Returning R‑1 Religious Workers

Jackson Lewis P.C.·

The Department of Homeland Security (DHS) has issued an Interim Final Rule (IFR) that removes the long‑standing requirement that R‑1 nonimmigrant religious workers who have exhausted the maximum five‑year period in R‑1 status must spend one full year abroad before becoming eligible to return in R‑1

State Department’s Visa Bond Program: 32 New Countries and 6 New Airports Added to the List

Ogletree Deakins·

The U.S. Department of State announced an update to its “ Countries Subject to Visa Bonds ” notice on January 6, 2026, expanding the pilot program to include thirty-two additional nations—including Bangladesh, Nepal, Nigeria, Uganda, and Venezuela—and expanding acceptable ports of entry to include n

$100K H-1B Fee Case Fast-Tracked in Federal Appeals Court

Jackson Lewis P.C.·

The U.S Court of Appeals for the District of Columbia Circuit agreed on Jan. 5, 2025, to fast-track the appeal of the recent federal court ruling upholding the Trump Administration’s imposition of a $100,000 fee on certain H-1B visa petitions. On Dec. 24, 2025, the U.S. District Court for the Distri

H‑1B, H‑4 Visa Appointments Rescheduling Begins Amid Expanded Social Media Vetting Policies

Jackson Lewis P.C.·

U.S. consulates abroad have recently begun postponing a wide range of H‑1B and H‑4 visa interviews, resulting in significant delays in visa processing. Consulates in India have been among the most affected, as India remains the largest source of H‑1B visa holders worldwide. Beginning in the second w

Federal Court Upholds Administration’s $100K Fee for Certain H-1B Petitions

Jackson Lewis P.C.·

A federal judge has granted the Trump Administration’s motion for summary judgment and upheld the legality of the $100,000 fee requirement for certain H-1B visa petitions. Chamber of Commerce of the USA v. U.S. Department of Homeland Security, No. 1:25-cv-03675 (D.D.C. Dec. 23, 2025). President Dona

New ‘Weighted Selection Process’ to Allocate H-1B Visas Takes Effect 02.27.26

Jackson Lewis P.C.·

Takeaways DHS has announced a final rule that replaces the usual randomized selection lottery H-1B cap selection process for one favoring higher-skilled and higher-paid foreign professionals. The “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions”

Federal Court Upholds Trump Administration $100,000 Fee for Certain H-1B Petitions

Jackson Lewis P.C.·

A federal judge has granted the Trump Administration’s motion for summary judgment and upheld the legality of the $100,000 fee requirement for certain H-1B visa petitions. Chamber of Commerce of the USA v. U.S. Department of Homeland Security, No. 1:25-cv-03675 (D.D.C. Dec. 23, 2025). President Dona

DHS Announces ‘Weighted Selection Process’ to Allocate H-1B Visas Effective Feb. 2026

Jackson Lewis P.C.·

Takeaways DHS announced in a final rule that it will apply a new H-1B selection process, replacing the random lottery, to allocate cap-subject H-1B visas beginning with FY 2027. Registrants submitted under higher wage levels will have a better chance of being selected, with positions under the highe

January 2026 Visa Bulletin Shows Advancement for Employment-Based Immigrant Visa Categories

Ogletree Deakins·

The U.S. Department of State’s January 2026 Visa Bulletin shows advancement from the December 2025 Visa Bulletin in both final action dates and dates for filing in several categories. U.S. Citizenship and Immigration Services (USCIS) recently announced that it would continue to accept employment-bas

Social Media Vetting Expansion for Visa Applicants

Littler·

Social Media Vetting Expansion for Visa Applicants On December 15, the Department of State (DOS) announced it will expand its social media vetting requirement to additional nonimmigrant visa classifications, including H-1B, H-4 dependents, F, M, and J. tgelbman@littler.com Thu, 12/18/2025 - 10:50

New EEOC Guidance Aligns with DOL’s H-1B ‘Project Firewall,’ Stresses Foreign Worker Preferences Can Be a Form of ‘National Origin’ Discrimination

Jackson Lewis P.C.·

Related links EEOC Press Release: New and Updated Educational Materials on National Origin Discrimination (11.19.25) EEOC National Origin Discrimination Landing Page EEOC Technical Assistance Document: “Discrimination Against American Workers Is Against the Law” The Equal Employment Opportunity Comm

State Department Announces Expanded Screening and Vetting of H-1B and H-4 Visa Applications

Ogletree Deakins·

Starting December 15, 2025, the U.S. Department of State will expand its online presence review to include all H-1B and dependent H-4 visa applicants. As part of the expansion, announced by the State Department on December 3, 2025, H-1B and H-4 visa applicants must make their social media profiles p

Employers Can Expect Higher H‑1B/H‑4 Visa Denials + Delays as State Department Expands Review of Applicants’ Social‑Media Presence

Jackson Lewis P.C.·

Takeaways Starting 12.15.25, all H‑1B visa applicants and their H‑4 dependents must make their social‑media profiles public. Consular officers will scrutinize social-media activity, resumes and online work history. Employers sponsoring H-1B workers should anticipate possible delays, administrative p

DOL’s Recently Launched “Project Firewall” Increases Employer Risks + Penalties for H-1B Practices

Jackson Lewis P.C.·

Takeaways The launch of Project Firewall signals the current administration’s tougher, more restrictive stance on high-skilled immigration. Key aspects of the enforcement initiative include increased investigations, interagency coordination, greater employer accountability and intent to protect Amer

USCIS Announces Review of Green Cards Issued to Individuals from 19 Countries, Halt of Afghan-Related Immigration Requests

Jackson Lewis P.C.·

Takeaways The Trump Administration will review all green cards issued to individuals from 19 “countries of concern.” The DHS has indefinitely stopped processing Afghan-related immigration requests. President Trump stated his goal is to “permanently pause migration from all Third World Countries.” U.

December 2025 Visa Bulletin Shows No Advancement in Dates for Filing for Most Employment-Based Immigrant Visa Categories

Ogletree Deakins·

The U.S. Department of State’s December 2025 Visa Bulletin shows some advancement from the November 2025 Visa Bulletin in the final action dates, while the dates for filing show no changes, with the exception of the fourth preference category for certain religious workers and the fifth preference un