The Department of Homeland Security (DHS) is expected to publish a proposed rule on Aug. 25, 2026, in the Federal Register that would impose a new $103,265 fee on all cap subject H-1B visa petitions. This new proposal would be in addition to existing H-1B filing fees. Employers who rely on the H-1B program to
USCIS Updates Policy Manual, Expanding Authority to Deny Incomplete Filings Without First Issuing RFEs or NOIDs
U.S. Citizenship and Immigration Services (USCIS) on Aug. 5, 2026, issued Policy Alert PA-2026-05 updating and significantly shifting the USCIS Policy Manual provisions governing evidence, denials, and post-decision actions. The update clarifies that USCIS, in its discretion, may deny immigration benefit requests that lack required initial evidence or otherwise fail to establish eligibility without first
Supreme Court Reaffirms Federal Courts Lack Authority to Review Visa Denials
In a 6-3 ruling in U.S. Department of State et al v. Munoz et al (Case Number 23-334), the Supreme Court of the United States (SCOTUS) reaffirmed the doctrine of consular nonreviewability ruling against a U.S. citizen’s spouse who argued that the federal government violated her due process rights by denying her Salvadoran spouse an
New Washington, D.C. Pay Transparency Law Scheduled to Go Into Effect on June 30, 2024
Washington, D.C. joins a growing group of states requiring employers to include projected salary ranges in job postings and to restrict the use of pay history in setting pay.
On Jan. 12, 2024, the mayor of D.C. signed the Wage Transparency Omnibus Amendment Act, which, among other things, requires private employers, regardless of size
New USCIS Guidance for Evaluating Extraordinary Ability, Outstanding Professor, Researcher Visa Classifications
U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual (PM) to provide guidance to USCIS officers on evaluating eligibility criteria for the EB-1A (extraordinary ability) and EB-1B (outstanding professor or researcher) employment-based immigrant visa classifications.
The EB-1 immigrant visa classifications are important methods for employers to sponsor outstanding talent in the United States
Three-Year Foreign Domicile Requirement for E-Visa Applicants
A new federal law restricts foreign investors’ access to E visas by adding a three-year domicile requirement for investors who obtained their citizenship through Citizenship by Investment (CBI) Programs.
Buried in the nearly 2,000-page National Defense Authorization Act (NDAA), P.L. 117-263, signed into law by President Joe Biden on December 23, 2022, is a provision
Presidential Pardon for Simple Marijuana Possession Leaves Out Many
Severe immigration consequences for certain non-U.S. citizens remain despite President Joe Biden’s pardon of all prior federal offenses for simple marijuana possession.
On October 6, 2022, President Biden took a major step toward the decriminalization of marijuana, pardoning all prior federal offenses for simple marijuana possession. Although this pardon will affect only approximately 6,500 individuals