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
Immigration Litigation
$100K H-1B Fee Case Fast-Tracked in Federal Appeals Court
The U.S Court of Appeals for the District of Columbia Circuit agreed on Jan. 5, 2025, to fast-track the appeal of the recent federal court ruling upholding the Trump Administration’s imposition of a $100,000 fee on certain H-1B visa petitions.
On Dec. 24, 2025, the U.S. District Court for the District of Columbia upheld the…
Federal Court Upholds Trump Administration $100,000 Fee for Certain H-1B Petitions
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
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…
Employers Beware: Illinois Rolls Out Strict No-Match, Document Discrepancy Notice Response Rules
- Illinois employers may not rely solely on SSA “no-match,” IRS discrepancy notices, or similar third-party notifications to take disciplinary or termination action.
- Employers must meet strict notice, timing, and communication requirements, including providing employees an opportunity to respond and to involve a representative.
- Employees, the attorney general, and designated advocacy organizations may bring civil
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…
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.…
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…