- 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…
USCIS Issues Guidance on $100,000 H-1B Petition Fee Under Presidential Proclamation
USCIS has released guidance on President Donald Trump’s Sept. 19, 2025, Presidential Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” introducing a new $100,000 fee requirement for certain H-1B nonimmigrant visa petitions.
USCIS on Oct. 20, 2025, issued guidance clarifying which petitions are subject to the Proclamation’s new requirements, how and when the $100,000 payment…
U.S. Supreme Court Declines to Hear Challenge to H-1B Spouses’ H-4 Work Authorization
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…
First Legal Challenge to Presidential Proclamation Imposing $100,000 H-1B Visa Fee
On Sept. 19, 2025, President Trump issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” (the “Proclamation”). The Proclamation requires employers to pay a $100,000 fee with any new H-1B petition for foreign workers outside the United States, effective Sept. 21, 2025. The stated purpose is to address perceived misuse of the…
Immigration Considerations in a Government Shutdown
The current government funding expired at the end of the fiscal year without a continuing resolution, resulting in a government shutdown. A federal government shutdown can create ripple effects across immigration processes, but the impact varies depending on the agency.
Since USCIS is fee-funded, most operations — like processing petitions and applications — continue as…
H-1B Update: Changing Prevailing Wage Levels, Prioritizing High-Skill, High-Wage Positions
Proclamation “Restriction On Entry Of Certain Nonimmigrant Workers,” released on Sept. 19, 2025 (the “Proclamation”), directs the Department of Labor (DOL) and Department of Homeland Security (DHS) to reform prevailing wage leveling and change the H-1B registration to a weighted selection format.
Specifically, the Proclamation’s Section 4, “Amending the Prevailing Wage Levels,” includes the following…
Trump Administration Issues Clarifications on H-1B Proclamation and $100K Entry Fee — Uncertainty Remains
President Donald Trump signed a Proclamation on Sept. 19, 2025, requiring a $100,000 fee for H-1B nonimmigrants seeking to enter the United States (“Proclamation”). Initial reports suggested the restriction applied broadly, including to current visa holders. Over the weekend, the White House, U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CBP)…