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…
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…
E-Verify Is Available and Operational as Government Shutdown Continues
Without notice, E-Verify appeared back online late on the evening of Oct. 7, 2025. As of 2:00 p.m. (ET) on Oct. 8, 2025, E-Verify is still online and appears fully operable. Employers can resume submitting cases.
The E-Verify website had gone dark on Oct. 1, as expected, due to the federal government shutdown. Visitors to…
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
By Amy L. Peck & Otieno B. Ombok on
Posted in Compliance and Enforcement, Congress, Customs and Border Protection (CBP), Department of Labor, Department of State, E-3, Fees and Penalties, H-1B, H-2B, I-9 and E-Verify, J-1 Exchange Visitors, J-1 Trainees, Other Non-immigrant Visas, PERM, Permanent Residence, Social Security Administration, Temporary (Non-immigrant) Work Visas, Trump Administration, US Immigration, USCIS
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)…