- 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
Immigration Litigation
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
By Amy L. Peck & Otieno B. Ombok on
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
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…
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…
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)…
President Trump Signs Proclamation Requiring $100,000 Fee for H-1B Holders to Enter the United States
By Amy L. Peck & Otieno B. Ombok on
On Sept. 19, 2025, President Donald Trump signed a proclamation titled Proclamation on Restriction of Entry of Certain Nonimmigrant Workers (the “Proclamation”) imposing significant restrictions on H-1B nonimmigrants seeking to enter or reenter the United States.
Though the Proclamation does not appear to make a distinction between new applicants and current visa holders, as of…
Federal Judge Blocks Implementation of EO on Birthright Citizenship in Class Action Case
A federal district court in New Hampshire granted certification to a nationwide class and issued a preliminary injunction (PI) on July 10 that prevents the U.S. government from implementing Executive Order 14160. EO 14160 seeks to restrict birthright citizenship to only those born to at least one U.S. citizen or legal permanent resident parent…