- 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
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Federal Court Vacates USCIS Adjudication Pause Affecting Nationals of 39 Countries
By John E. Exner, IV, Amy L. Peck & Otieno B. Ombok on
Posted in Asylum / Refugee, Compliance and Enforcement, E-1 / E-2, EADs, EB-1, EB-2, EB-3, H-1B, H-2A, H-2B, H-4, I-9 and E-Verify, Immigration Litigation, L-1A / L-1B, L-2, Other Non-immigrant Visas, Permanent Residence, Temporary (Non-immigrant) Work Visas, Travel Ban, Trump Administration, US Immigration, USCIS
- 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.
Adjustment of Status Under Scrutiny: USCIS Moves Toward Stricter Discretionary Review
By Amy L. Peck & Otieno B. Ombok on
- 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
Court Halts Termination of Haiti TPS; Venezuela TPS Termination Remains in Effect Pending Appeals
By Amy L. Peck & Otieno B. Ombok on
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…
Federal Court Upholds Trump Administration $100,000 Fee for Certain H-1B Petitions
By Otieno B. Ombok & Michael Bergman on
A federal judge has granted the Trump Administration’s motion for summary judgment and upheld the legality of the $100,000 fee requirement for certain H-1B visa petitions. Chamber of Commerce of the USA v. U.S. Department of Homeland Security, No. 1:25-cv-03675 (D.D.C. Dec. 23, 2025).
President Donald Trump’s Sept. 19, 2025, Presidential Proclamation, “Restriction on Entry…
DHS Announces Phased End of TPS for Burma, Ethiopia, Haiti, South Sudan, Beginning Early 2026
By Otieno B. Ombok & Giuseppina Mammoliti on
The Department of Homeland Security (DHS) has announced that Temporary Protected Status (TPS) for Burma (Myanmar), Ethiopia, Haiti, and South Sudan will end in early 2026.
Employers of TPS beneficiaries from affected countries should closely review the timelines and automatic Employment Authorization Document (EAD) extensions, summarized below in order of termination date.
Employers…
USCIS Widens Freeze on Immigration Benefits for Nationals of 19 Countries: Employers Should Expect Delays Across Multiple Categories
By Amy L. Peck & Otieno B. Ombok on
- 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
By Michael Bergman, Amy L. Peck & Otieno B. Ombok on
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
By Amy L. Peck & Otieno B. Ombok on
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
By Michael Bergman, Amy L. Peck & Otieno B. Ombok on
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…