Photo of Amy L. Peck

As co-leader of the firm’s Immigration group, Amy Peck plays a pivotal role in ensuring the group’s attorneys—and the firm—achieve optimal success for employers on any immigration matter. She believes strongly in Jackson Lewis’ collegial culture and sets the tone for a work environment that expects, encourages, and celebrates collaboration among not just the practice group, but others across the firm as well.

Amy loves to dive into complex immigration and compliance issues in the workplace, especially those that intersect employment and immigration law. She approaches client service with the understanding that businesses need practical advice that take a 360-degree view. Amy is especially effective when confronted with a difficult and unique problem to solve for a client. In today’s regulatory environment, Amy is aware that every fact has an impact, and a proactive approach is the best protection.

  • Colorado’s new HB26-1283 prohibits employers from confiscating or improperly retaining government-issued identification documents, subject to limited statutory exceptions.
  • The law does not change employers’ federal Form I-9 obligations, but it does require Colorado employers to provide a written notice and obtain a written acknowledgement during the I-9 process.
  • Employers should review onboarding, I-9, and
  • USCIS and E-Verify have issued updated employer guidance for TPS beneficiaries from Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria and Yemen.
  • For all seven countries, employers should use July 10, 2026, as the current date for Form I-9 and E-Verify purposes.
  • Employers should not assume July 10 marks the automatic end of TPS-based employment

In today’s landmark Trump v. Barbara decision, the U.S. Supreme Court held that children born in the United States are citizens at birth regardless of whether their parents are present in the country unlawfully or temporarily. The Court concluded that Executive Order 14160 violates the Citizenship Clause of the Fourteenth Amendment and therefore cannot be

  • The U.S. Supreme Court reversed preliminary injunctions preventing DHS from implementing the termination of Temporary Protected Status (TPS) for Haiti and Syria.
  • The Court held that the TPS statute bars judicial review of most nonconstitutional challenges to TPS designation and termination decisions.
  • However, the decision itself does not terminate employment authorization or establish new
  • A federal district court has struck down the $100,000 fee the Trump Administration imposed on certain H-1B petitions.
  • The court ruling could allow affected beneficiaries of approved H-1B petitions obtain visas and travel to the U.S. without having to pay the exorbitant fee.
  • The government is expected to consider appellate options, and employers should
  • A federal district court has vacated USCIS policies that paused adjudication of immigration benefit requests filed by nationals of 39 countries.
  • The court ruling could allow affected adjustment of status, employment authorization, naturalization, and certain asylum-related applications to proceed.
  • The government is expected to consider appellate options, and employers should continue to monitor developments.
  • A new USCIS policy memorandum emphasizes that adjustment of status is a discretionary benefit and that consular processing abroad is the “ordinary” pathway to permanent residence.
  • The memo does not eliminate employment-based adjustment of status or create a formal new rule requiring all applicants to consular process.
  • Significant questions remain, including how USCIS will

Takeaways

  • Current work authorization remains valid for now.
  • Employers should update Form I-9s with specific notations according to USCIS/E-Verify guidance (expiration “03-15-2026” and “as per court order”).
  • Employers should handle E-Verify consistently and use the 03.15.26 date from the I-9 in E-Verify cases.

Status of Haiti TPS Work Authorization

A federal court in the D.C.

Takeaways

  • Haitian TPS will not end 02.03.26 after a federal court stayed DHS’s 11.28.25 termination notice.
  • Venezuela TPS is not reinstated despite the Ninth Circuit ruling, because a U.S. Supreme Court stay remains in effect pending further appeals.
  • As the latest developments show, TPS rules differ sharply by country, requiring careful, individualized employer review.

On

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 week of December, applicants with interviews scheduled between