Benjamin Lau

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California’s AB 692, officially in effect as of Jan. 1, 2026, is bringing notable changes to how employers may use repayment or “stay‑or‑pay” provisions in employment agreements. While the law applies broadly to various repayment obligations, AB 692 has meaningful implications for organizations that have historically used reimbursement agreements when sponsoring foreign national employees for…

California’s “Workplace Know Your Rights Act,” SB 294, introduces significant new requirements for California employers beginning Feb. 1, 2026, with important implications for immigration‑related enforcement and employee rights.

The law is intended to ensure that all employees, including immigrant workers, are informed of their protections during workplace interactions with immigration authorities and law enforcement. 

Key…

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 classification.

Under the IFR, an R‑1 nonimmigrant who has…

The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025.

The Rule is aimed at modernizing the regulations governing the H-2A and H-2B temporary worker programs — programs that are essential for U.S. employers seeking foreign labor for…

U.S. law has long provided a border search exception to the Fourth Amendment warrant or probable cause requirement, allowing federal agents to search people, and their electronic devices, at border crossings without a warrant or probable cause. The scope of the exception may be narrowing under increased court scrutiny as modern cell phones provide what…

Hoping to recover some of its operating costs, reduce backlogs, and reestablish timely case processing, USCIS is proposing to adjust its fees for the first time since 2016.

The proposed rule is predicted to generate close to an additional $2 billion per year, on average, for USCIS by keeping humanitarian case fees low and adding…

While many COVID-19 travel restrictions have been removed, all nonimmigrant foreign nationals continue to be required to present proof of being fully vaccinated against COVID-19 in order to board an international flight to the United States.

A summary of the COVID-19 vaccination requirements can be found below.

Someone is “fully vaccinated”:

  • 14 days after
…

For early-stage tech employers, rapid business growth can quickly lead to costly employment and immigration law missteps. Risks can be magnified when striving to attract talent. Please listen to the robust and enlightening discussion among Jackson Lewis immigration attorneys Zain Abidi and Benjamin Lau, together with Jackson Lewis employment attorney Doug Klein, here.

More business immigrant visas may become available if the latest version of the Build Back Better reconciliation bill passes.

If approved by the Parliamentarian and passed as it stands, the bill would make more immigrant visas available by:

  • Recapturing unused visa numbers from 1992 to 2021;
  • Retaining the availability of Diversity Visas from fiscal

…

In the competitive global video game industry, the United States remains at the forefront despite the recent rise in foreign gaming companies. Some of the most prestigious video gaming studios are located in the United States, and the battle among studios for elite talent to work on their breakout productions is fierce. Studios are forced…