- 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.
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.
Adjustment of Status Under Scrutiny: USCIS Moves Toward Stricter Discretionary Review
- 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
Haiti TPS Update: Employer Checklists for I-9 and E-Verify Compliance Following Agency Guidance
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.
Court Halts Termination of Haiti TPS; Venezuela TPS Termination Remains in Effect Pending Appeals
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…
H‑1B, H‑4 Visa Appointments Rescheduling Begins Amid Expanded Social Media Vetting Policies
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…
Employers Beware: Illinois Rolls Out Strict No-Match, Document Discrepancy Notice Response Rules
- Illinois employers may not rely solely on SSA “no-match,” IRS discrepancy notices, or similar third-party notifications to take disciplinary or termination action.
- Employers must meet strict notice, timing, and communication requirements, including providing employees an opportunity to respond and to involve a representative.
- Employees, the attorney general, and designated advocacy organizations may bring civil
USCIS Widens Freeze on Immigration Benefits for Nationals of 19 Countries: Employers Should Expect Delays Across Multiple Categories
- USCIS has confirmed its Dec. 2 policy memo, which listed only a narrow set of applications, was not exhaustive and that it has
New EEOC Guidance Aligns with DOL’s H-1B ‘Project Firewall,’ Stresses Foreign Worker Preferences Can Be a Form of ‘National Origin’ Discrimination
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 Commission (EEOC) released updated educational materials on national origin discrimination on Nov. 19, 2025, in response to the…
Employers Can Expect Higher H‑1B/H‑4 Visa Denials + Delays as State Department Expands Review of Applicants’ Social‑Media Presence
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 processing or denials, especially for roles in tech, social media or other sensitive content-related fields.
Expansion of Online…
DOL’s Recently Launched “Project Firewall” Increases Employer Risks + Penalties for H-1B Practices
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 American workers.
- Employers should review their H-1B policies and practices now.
Introduction
The U.S. Department of Labor (DOL) recently launched…