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

USCIS Issues Additional Guidance on the Proclamation Imposing $100,000 Payment for H-1B Petitions

Ogletree Deakins·

On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) issued guidance on its website regarding the presidential proclamation, “ Restriction on Entry of Certain Nonimmigrant Workers ,” clarifying which H-1B petitions are subject to the $100,000 payment. USCIS also specified when and

USCIS Issues Updated Guidance on New $100,000 H-1B Fee

Littler·

USCIS Issues Updated Guidance on New $100,000 H-1B Fee On October 20, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued an alert with updated guidance on the applicability of the new $100,000 H-1B fee implemented under the recent presidential proclamation restricting entry of certai

USCIS Issues Guidance on $100,000 H-1B Petition Fee Under Presidential Proclamation

Jackson Lewis P.C.·

USCIS has released guidance on President Donald Trump’s Sept. 19, 2025, Presidential Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” introducing a new $100,000 fee requirement for certain H-1B nonimmigrant visa petitions. USCIS on Oct. 20, 2025, issued guidance clarifying which

November 2025 Visa Bulletin Holds Steady for Employment-Based Immigrant Visa Categories

Ogletree Deakins·

The U.S. Department of State’s November 2025 Visa Bulletin shows no changes as compared to the October 2025 Visa Bulletin in the Dates for Filing chart and the Final Action Dates chart for all listed categories. U.S. Citizenship and Immigration Services (USCIS) announced that it will continue to acc

U.S. Supreme Court Declines to Hear Challenge to H-1B Spouses’ H-4 Work Authorization

Jackson Lewis P.C.·

The U.S. Supreme Court denied the petition for review in Save Jobs USA v. Department of Homeland Security , No. 24-923, on Oct. 14, 2025, effectively ending a long-running legal challenge to employment authorization for certain H-4 visa holders — spouses of H-1B visa holders. The outcome maintains t

Lawsuit Challenges President Trump’s Proclamation Requiring $100,000 Fee for H-1B Visa Petitions

Ogletree Deakins·

A group of organizations and individuals filed a lawsuit on October 3, 2025, challenging President Donald Trump’s presidential proclamation that requires a $100,000 fee for new H-1B visas. The lawsuit, Global Nurse Force et al. v. Trump , contends that the president exceeded his authority under the

Approved FY 2026 H-1B Cap Petitions Effective as of October 1, 2025

Ogletree Deakins·

With the commencement of the new federal fiscal year, many individuals with approved fiscal year (FY) 2026 H-1B cap petitions began employment in H-1B status as of October 1, 2025. Others may still be awaiting adjudication of pending petitions. Both employers and employees may want to take this oppo

Syria TPS, EAD Auto-Extended and Valid Through Nov. 21, 2025

Jackson Lewis P.C.·

The Department of Homeland Security had announced on Jan. 26, 2024, an 18-month extension and redesignation of Syria for Temporary Protected Status (TPS). Employment Authorization Documents (EADs) expiring on March 31, 2024, Sept. 30, 2022, or March 31, 2021, were automatically extended through Marc

First Legal Challenge to Presidential Proclamation Imposing $100,000 H-1B Visa Fee

Jackson Lewis P.C.·

On Sept. 19, 2025, President Trump issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” (the “Proclamation”). The Proclamation requires employers to pay a $100,000 fee with any new H-1B petition for foreign workers outside the United States, effective Sept

DHS Proposes a Weighted Selection Process for Cap-Subject H-1B Petitions

Ogletree Deakins·

On September 24, 2025, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, will modify the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for H-1B cap-subject petitions. The proposed rule seeks to replace the c

FAQs Regarding the Presidential Proclamation of September 19, 2025 on H-1B Visas

Littler·

FAQs Regarding the Presidential Proclamation of September 19, 2025 on H-1B Visas On September 19, 2025, President Donald Trump issued a proclamation titled, Restriction on Entry of Certain Nonimmigrant Workers , that will impose a $100,000 government filing fee on employers for new H-1B petitions fi

H-1B Update: Changing Prevailing Wage Levels, Prioritizing High-Skill, High-Wage Positions

Jackson Lewis P.C.·

Proclamation “Restriction On Entry Of Certain Nonimmigrant Workers,” released on Sept. 19, 2025 (the “Proclamation”), directs the Department of Labor (DOL) and Department of Homeland Security (DHS) to reform prevailing wage leveling and change the H-1B registration to a weighted selection format. Sp

Trump Gold Card Introduced With Fees Starting at $1 Million

Ogletree Deakins·

On September 19, 2025, President Donald Trump signed an executive order announcing the “Gold Card” program, an expedited immigrant visa program that allows individuals to receive permanent resident status in exchange for a significant financial contribution to the U.S. Department of Commerce. The Tr

Trump Administration Issues Clarifications on H-1B Proclamation and $100K Entry Fee — Uncertainty Remains

Jackson Lewis P.C.·

President Donald Trump signed a Proclamation on Sept. 19, 2025, requiring a $100,000 fee for H-1B nonimmigrants seeking to enter the United States (“Proclamation”). Initial reports suggested the restriction applied broadly, including to current visa holders. Over the weekend, the White House, U.S. C

New USCIS and CBP Guidance on the H-1B $100,000 Proclamation

Ogletree Deakins·

On September 20, 2025, U.S. Citizenship and Immigration Services (USCIS) issued an official memorandum providing guidance on the Presidential Proclamation, “ Restriction on Entry of Certain Nonimmigrant Workers ,” published on September 19, 2025. USCIS indicates that the $100,000 payment applies to

President Trump Signs Proclamation Requiring $100,000 Fee for H-1B Holders to Enter the United States

Jackson Lewis P.C.·

On Sept. 19, 2025, President Donald Trump signed a proclamation titled Proclamation on Restriction of Entry of Certain Nonimmigrant Workers (the “Proclamation”) imposing significant restrictions on H-1B nonimmigrants seeking to enter or reenter the United States. Though the Proclamation does not app

October 2025 Visa Bulletin: New Fiscal Year Will Begin With Advancement in Employment-Based Immigrant Visa Categories

Ogletree Deakins·

The U.S. Department of State’s October 2025 Visa Bulletin shows forward movement in numerous categories, with the exception of EB-3 worldwide. This bulletin is the first for the federal government’s 2026 fiscal year, and U.S. Citizenship and Immigration Services (USCIS) announced that it would accep

State Department Mandates Visa Appointments in Home or Residence Countries

Ogletree Deakins·

On September 6, 2025, the U.S. Department of State announced that, effective immediately, all nonimmigrant visa applicants should schedule their visa appointments in their country of nationality or residence. Foreign nationals from countries where the U.S. government does not conduct routine visa op

H-1B Visa Holders Face $100,000 Entry Fee

Ogletree Deakins·

President Trump issued a Presidential Proclamation , “Restriction On Entry Of Certain Nonimmigrant Workers,” on September 19, 2025, announcing a $100,000 government fee on H-1B work visas. The stated goal is to enhance the U.S. economy and labor market. Starting at 12:01 a.m. eastern daylight time o

New Executive Order Imposes $100,000 H-1B Fee: Immediate Action Items

Littler·

New Executive Order Imposes $100,000 H-1B Fee: Immediate Action Items On September 19, 2025, President Donald Trump signed an executive order titled, Restriction on Entry of Certain Nonimmigrant Workers , which introduces a significant change to the H-1B visa program. The order imposes a $100,000 fe