On Dec. 31, 2025, the U.S. District Court for the Northern District of California vacated the Department of Homeland Security’s (DHS) decisions to terminate Temporary Protected Status (TPS) for Honduras, Nicaragua, and Nepal, finding that the terminations violated the Administrative Procedure Act (APA). The court concluded that DHS failed to conduct an objective assessment of
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
USCIS Announces Reduction of EAD Validity Period for Foreign Nationals in Certain Categories
By Eric S. Hause on
- Admitted as refugees;
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…
Court Grants Emergency Stay on FMCSA Interim Final Rule Restricting Non-Domiciled Commercial Driver’s Licenses
After temporarily pausing a recent Federal Motor Carrier Safety Administration (FMCSA) interim final rule, the U.S. Court of Appeals for D.C. has taken the additional action of granting an emergency stay order over the rule.
The rule is aimed at limiting issuance and renewal of commercial driver’s licenses (CDLs) for numerous groups of non-citizens legally…
Court Temporarily Pauses FMCSA Interim Final Rule Restricting Non-Domiciled Commercial Driver’s Licenses
The federal appeals court in the District of Columbia has placed a temporary administrative stay on implementation of a recent Federal Motor Carrier Safety Administration (FMCSA) interim final rule that would limit issuance and renewal of commercial driver’s licenses (CDLs) for non-domiciled applicants individuals. Lujan, et al. v. Federal Motor Carrier Safety Administration, et al.…
FMCSA Restricting Non-Domiciled Commercial Driver’s Licenses, Announces Interim Final Rule
The Federal Motor Carrier Safety Administration (FMCSA) has announced that it has strengthened requirements for issuance and renewal of commercial driver’s licenses (CDLs) for non-domiciled applicants individuals.
The FMCSA’s interim final rule limits issuance of non-domiciled CDLs to individuals with specific lawful employment-based nonimmigrant status categories (H-2A, H-2B, or E-2).
The rule also requires…
DHS Announces End of EAD Auto-Extensions for Foreign Nationals’ Pending Renewals
By Amy L. Peck, Otieno B. Ombok & Michael Bergman on
The Department of Homeland Security (DHS) announced on Oct. 29, 2025, it is ending the practice of USCIS automatically extending validity of employment authorization documents (EADs) of foreign nationals who have timely filed filing renewal applications in certain employment authorization categories. Such foreign nationals will need a formal approval of their renewal application and receipt…
U.S. Supreme Court Declines to Hear Challenge to H-1B Spouses’ H-4 Work Authorization
By Otieno B. Ombok on
The U.S. Supreme Court denied the petition for review in Save Jobs USA v. Department of Homeland Security, No. 24-923, on Oct. 14, 2025, effectively ending a long-running legal challenge to employment authorization for certain H-4 visa holders — spouses of H-1B visa holders. The outcome maintains the status quo for many H-4 visa…