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 of Certain Nonimmigrant Workers,”introduced a new $100,000 fee requirement for new H-1B petitions for foreign workers outside the United States.

This court’s decision was in response to an Oct. 16, 2025, lawsuit the U.S. Chamber of Commerce and the Association of American Universities filed challenging the legality of the Proclamation, questioning the Administration’s authority to levy the $100,000 fee, and arguing that the fee would cause significant and potentially irreparable harm to American businesses.

In upholding the legality of the Proclamation, U.S. District Judge Beryl A. Howell determined the Administration’s imposition of the $100,000 fee was within the broad power Congress delegated to the executive branch and the president to restrict entry of noncitizens into the United States.

As a result of the court ruling, the new H-1B fee remains in effect.

Two additional lawsuits challenging the legality of the Proclamation are pending. The first is an Oct. 3, 2025, lawsuit a coalition of immigration advocacy organizations and affected employers filed in federal court in the U.S. District Court for the Northern District of California. The second is a Dec. 12, 2025, lawsuit a coalition of 20 states filed in federal court in the U.S. District Court for the District of Massachusetts.

Please reach out to your Jackson Lewis attorney with any questions regarding the impact of the $100,000 fee.

Takeaways

  • DHS announced in a final rule that it will apply a new H-1B selection process, replacing the random lottery, to allocate cap-subject H-1B visas beginning with FY 2027.
  • Registrants submitted under higher wage levels will have a better chance of being selected, with positions under the highest wage level having a four times higher chance of being selected.

DHS has announced a final rule that replaces the usual randomized selection lottery H-1B cap selection process for one favoring higher-skilled and higher-paid foreign professionals. The “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions” final rule is scheduled to be published on Dec. 29, 2025, and go into effect Feb. 27, 2026.

DHS noted the final rule is set to go into effect in time for the FY 2027 registration.

The rule implements a weighted selection process to “prioritize the allocation of visas to higher-skilled and higher-paid aliens to better protect the wages, working conditions, and job opportunities for American workers.” DHS also stated the rule will further “strengthen the integrity of the H-1B nonimmigrant visa program,” consistent with its other changes, such as the $100,000 H-1B visa fee.

The final rule uses a selection process that gives registrants greater odds based on the highest Occupational Employment and Wage Statistics (OEWS) wage level assigned for the position. The higher the OEWS wage level the more entries into the selection pool.

Under the new system, when the number of H-1B registrations exceeds the number of available H-1B visas (85,000), each unique beneficiary will be entered into a lottery with weighted odds as follows:

  • Registrations assigned a level IV wage will be entered into the pool four times.
  • Registrations assigned a level III wage will be entered into the pool three times.
  • Registrations assigned a level II wage will be entered into the pool two times.
  • Registrations assigned a level I wage will be entered into the pool one time.

The selection process will use wage data gathered at the registration stage, DHS stated; and employers must submit additional data, including the SOC code, area of intended employment, and the highest wage level the proffered wage meets or exceeds. For beneficiaries working in multiple locations, or in multiple positions if the registrant is an agent, the registrant must select the lowest corresponding OEWS wage level the beneficiary’s proffered wage will equal or exceed. If the beneficiary’s proffered wage is expressed as a range, the registrant must select the wage level the lowest wage in the range will equal or exceed.

Geographic wage differences remain. DHS rejected proposals to normalize wages nationally or adjust for cost-of-living beyond existing OEWS methodology. Employers in lower-wage locations may face structural disadvantages in selection odds.

In addition, employers should be aware that for selected petitions, USCIS will be requiring evidence of the basis of the wage level selected and focusing on discrepancies between the representations made during registration and the substantive material and explanation in the petition. Inconsistencies or false statements could lead to requests for evidence, denials, or referrals for enforcement.

The new H-1B cap selection system drastically alters the likelihood of individuals being selected. Employers should begin reviewing their visa employees and strategizing well in advance of the upcoming H-1B cap season.

Jackson Lewis attorneys are available to advise and consult on the upcoming changes to the H-1B cap lottery process.

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 must ensure EADs of TPS beneficiaries are reverified for I-9 purposes and I-9 forms reflect the current expiration date for the relevant TPS program.

EADs based on TPS have A12 or C19 classification codes on the front of the card.

South Sudan

Termination date: Jan. 5, 2026

EADs with the following expiration dates are automatically extended through Jan. 5, 2026.

  • Nov. 3, 2025
  • May 3, 2025
  • Nov. 3, 2023

Burma

Termination date: Jan. 26, 2026

EADs with the following expiration dates are automatically extended through Jan. 26, 2026.

  • Nov. 25, 2025
  • May 25, 2024
  • Nov. 25, 2022

Haiti

Termination date: Feb. 3, 2026

EADs based on Haiti TPS with the following expiration dates are automatically extended through Feb. 3, 2026.

  • Feb. 3, 2026
  • Aug. 3, 2025
  • Aug. 3, 2024
  • June 30, 2024
  • Feb. 3, 2023
  • Dec. 31, 2022
  • Oct. 4, 2021
  • Jan. 4, 2021
  • Jan. 2, 2020
  • July 22, 2019
  • Jan. 22, 2018
  • July 22, 2017

Ethiopia

Termination date: Feb. 13, 2026.

EADs based on Ethiopia TPS with the following expiration dates are automatically extended through Feb. 13, 2026.

  • Dec. 12, 2025
  • June 12, 2024

TPS beneficiaries from Burma, Ethiopia, Haiti, and South Sudan should consult with immigration counsel to explore options for maintaining lawful status and work authorization.

There are several lawsuits currently pending in federal district and circuit courts seeking to prevent the termination of the TPS programs outlined above.

Jackson Lewis attorneys will continue to monitor these developments. If you have questions related to TPS programs or I-9 compliance, please reach out to your Jackson Lewis attorney.

Takeaways

  • 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 actions.

Illinois has enacted a significant expansion of the Right to Privacy in the Workplace Act, imposing new substantive and procedural requirements on how employers must respond when they receive notices reporting discrepancies in an employee’s Social Security number, Individual Taxpayer Identification Number, or other identifying information.

While the notices themselves are not new, Illinois SB 2339 has established a comprehensive framework governing how employers may act upon them, with heightened litigation exposure for employers. The law takes effect immediately. It reflects a broader state-level policy shift toward protecting workers, particularly immigrant workers, from premature or unfounded employment consequences.

Prohibition on Adverse Employment Action Based Solely on Third-Party Notices

SB 2339 prohibits employers from taking adverse action (such as reduction in hours, suspension, termination, or any other form of discipline) solely because a federal agency or non-immigration entity, such as the Social Security Administration, IRS, or an insurance carrier, issues a notice indicating a discrepancy in identifying information.

This requirement aligns with long-standing federal guidance that SSA no-match letters do not constitute evidence of immigration violations.

Employers must, therefore, treat these notices as administrative matters, not as employment-authorization determinations.

Mandatory Employee Notification, Procedural Protections

Illinois now requires employers to meet specific notice and communication obligations within five business days of receiving, or deciding to act on, a discrepancy notice.

Employers must notify the employee (and any authorized representative) of:

  • The nature of the discrepancy;
  • Any deadlines imposed by federal law; and
  • Any action requested by the employer.

Employees may have a representative present at any discussions, and employers must provide the original notice upon request. These provisions are intended to prevent premature employment decisions based on incomplete or inaccurate information.

Expansion of Enforcement Mechanisms

SB 2339 authorizes multiple avenues for enforcement. Employees may bring suit directly for violations.

In addition, labor unions and qualifying nonprofit organizations may bring actions in the name of the State, and the Illinois attorney general may also intervene or prosecute claims. These mechanisms substantially increase potential exposure for employers given the possibility of concurrent interest from employees and outside advocacy groups.

Safe Harbor, Compliance Considerations

The statute provides a narrow safe harbor for employers that act in good-faith reliance on guidance from the Illinois Department of Labor or the Department of Homeland Security or that make a bona fide administrative error not affecting pay or employment. This exception is limited, and employers should not expect any reliance on discrepancy notices to fall within it.

Jackson Lewis attorneys are available to advise and consult on I-9 compliance and other workplace requirements.

Key Takeaways

  • USCIS has confirmed its Dec. 2 policy memo, which listed only a narrow set of applications, was not exhaustive and that it has expanded the pause through follow-up communications and operational practice.
  • Employers should prepare for adjudication delays, additional vetting and potential interruption of work authorization for affected employees.

Article

USCIS recently clarified that its December 2, 2025 policy — initially described as a review of green cards issued to nationals of 19 “high-risk” countries — extends much further than originally understood. A broad range of immigration benefits for individuals from these countries is now subject to adjudicative holds and heightened vetting, affecting both pending and previously approved applications.

Although the policy memo (PM-602-0192) listed only five categories of filings that would be paused — Forms I-485, I-90, I-131, I-751 and N-470 — USCIS has since made clear that the list was not intended to be comprehensive. USCIS has expanded the pause to critical employment-based and nonimmigrant benefits, including:

  • Form I-129 (H-1B and other nonimmigrant worker petitions).
  • Form I-539 (changes or extensions of status).
  • Form I-140 (immigrant worker petitions).
  • Form I-765 (EAD applications).

This expansion means that affected foreign nationals may face delays in securing or extending work authorization, maintaining nonimmigrant status or progressing in employment-based green card processes. The memo further directs USCIS to conduct “case-by-case vetting” of all paused applications and to re-review already approved benefits for affected individuals who entered the United States on or after January 20, 2021.

For employers, the immediate concern is operational disruption: Paused EAD renewals could lead to work interruptions; delayed H-1B adjudications could affect onboarding and continued employment; and immigrant visa processes may stall. Impacted employees should be prepared for significant delays and increased scrutiny.

While USCIS has not indicated how long these holds will remain in place, the scope of the expanded pause suggests that organizations employing nationals of the designated countries should audit upcoming filing needs, assess potential work authorization gaps and develop contingency plans.

Jackson Lewis attorneys will continue to monitor developments and provide updates as USCIS issues further implementation guidance.

Related links

The Equal Employment Opportunity Commission (EEOC) released updated educational materials on national origin discrimination on Nov. 19, 2025, in response to the Department of Labor’s launch of its “Project Firewall” H-1B visa enforcement initiative.

While not promulgating any new policies, this latest guidance emphasizes what EEOC sees as anti-American bias in employment practices, aligning closely with Project Firewall’s objective of prioritizing U.S. workers through the lens of reinforcing employers’ legal obligation to ensure fair treatment for all workers. It stresses that national origin discrimination, prohibited under Title VII of the Civil Rights Act of 1964, can include preferring foreign workers, including visa holders, over American workers.

To clarify these protections, EEOC updated its national origin discrimination landing page with more resources, including access to a new one-page technical assistance document, “Discrimination Against American Workers Is Against the Law.”

While such discrimination, regardless of the foreign worker’s national origin, has been unlawful prior to this guidance, EEOC’s efforts now further highlight potential specific discriminatory practices against Americans in the workplace. The EEOC guidance provides examples of potentially discriminatory practices, including:

  • Discriminatory job advertisements preferring or requiring applicants from a particular country or with a particular visa status (for instance, “H-1B preferred” or “H-1B only”).
  • Disparate treatment of U.S. workers versus visa employees regarding terms, conditions, or privileges of employment, including, but not limited to, hiring, firing, job assignments, compensation, training, fringe benefits, promotion, and demotion.
  • Harassment of U.S. workers based on national origin.
  • Retaliation by an employer because a U.S. worker has engaged in protected activity under Title VII, such as objecting to or opposing national origin discrimination at work, participating in employer or EEOC investigations, or filing an EEOC charge.

Again, this new guidance does not announce any new specific policy. It does represent, however, a potential and significant shift in enforcement away from general national origin worker discrimination (both foreign and U.S.) toward a more singular focus on U.S. worker discrimination.

The new guidance further emphasizes that business considerations (such as customer preference, lower cost of labor, or beliefs about productivity) do not justify an employer’s decision to hire foreign workers over American workers.

For any questions regarding EEOC’s latest guidance, reach out to your Jackson Lewis attorney.

USCIS has announced the reduction of the maximum validity period from five years to 18 months for employment authorization documents (EAD) for certain categories of aliens or foreign nationals beginning Dec. 5, 2025.

The change to USCIS’ Policy Manual reduces the maximum validity period for initial and renewal EADs for foreign nationals:

  • Admitted as refugees;
  • Granted asylum;
  • Granted withholding of deportation or removal;
  • With pending applications for asylum or withholding of removal;
  • With pending applications for adjustment of status under INA 245; and
  • With pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act.

The change affects any EAD pending or filed on or after Dec. 5, 2025, and based on the above categories.

According to the announcement, the reduced maximum validity periods allow for enhanced screening and vetting efforts, fraud deterrence, and “detection of aliens with potentially harmful intent.”

In addition, the updated Policy Manual incorporates the changes to EAD validity periods required by H.R. 1 and implemented by DHS on July 22, 2025. H.R. 1 limited the validity period for initial and renewal EADs to one year or the end date of the authorized parole period or duration of Temporary Protected Status (TPS), whichever is shorter, for foreign nationals:

  • Paroled as refugees;
  • Granted TPS;
  • Granted parole;
  • With a pending TPS application; and
  • Spouse of entrepreneur parole.

These validity period requirements affect any EAD pending or filed on or after July 22, 2025.

Jackson Lewis attorneys will continue to monitor these developments. If you have questions regarding the updated Policy Manual’s impact or applicability, reach out to your Jackson Lewis attorney.

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 Presence Review

The U.S. Department of State announced expanded “online presence review” for H‑1B and H‑4 applicants, effective Dec. 15, 2025. Consular officers may review publicly available social‑media information, prior employment history (including past or current roles in content moderation, misinformation or other online speech-related work) and other parts of an applicant’s online footprint as part of admissibility and security review. For companies that rely on H-1B talent — especially in technology, social media and online content industries — this development could materially affect visa success rates, processing speeds and risk evaluations.

This expansion follows a broader shift under Executive Order 14161, signed in Jan. 2025, directing federal agencies to re-impose stringent vetting protocols for foreign nationals seeking U.S. visas or immigration benefits. Earlier in 2025, social-media vetting was applied to F, M and J nonimmigrant visa categories. The Dec. 3 announcement extends that requirement to H-1B/H-4 applicants and dependents.

The policy is broadly framed: Visa adjudication is a national security decision and consular officers are instructed to consider “all available information” — but the government has placed particular emphasis on activity seen as content moderation. An internal State Department memo suggests a tighter focus on individuals with backgrounds in social-media, fact-checking or online safety roles — particularly roles involving suppressing or influencing “protected expression.” Involvement in such suppression of “protected expression” may lead to visa ineligibility.

Implications for Employers

  • Higher risk of visa denial or delays: Applicants with work history in content moderation, misinformation/fact-checking or even certain compliance roles may face enhanced scrutiny. Some may be deemed ineligible under the stated criteria.
  • Administrative processing is likely to increase: Based on prior rollout of social-media vetting for students, increased use of administrative processing is expected.
  • Need for proactive employee communication: Employers should inform affected employees or dependents ahead of time on:
    • The requirement to make social-media accounts public (or at least accessible) during visa adjudication.
    • The need to disclose all usernames used in the past five years — even if inactive.
    • Potential impact on visa processing times and risk of denial.

The expanded vetting adds administrative burden and uncertainty — for both the employee and employer. Delays may affect project start dates and onboarding or even result in denials. For dependents (H-4), social-media scrutiny may compound other challenges, including work-authorization delays.

Jackson Lewis attorneys will continue to monitor these developments.

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 Project Firewall, an H-1B enforcement initiative with a  dual focus on ensuring that companies prioritize skilled American workers and cracking down on potential abuse of the H-1B visa program.

The project uses interagency collaboration, secretary-certified investigations and data sharing to investigate potential employer violations, protect American workers’ jobs and wages, and ensure compliance with program rules. 

Key Aspects of Project Firewall

  • Secretary-certified investigations
    For the first time in DOL history, the Secretary of Labor can personally certify investigations when there is “reasonable cause” to suspect misuse of the H-1B program — even without a formal complaint.
  • Broader oversight + interagency coordination
    Enforcement isn’t limited to one agency. DOL will coordinate with agencies such as the U.S. Citizenship and Immigration Services, the Equal Employment Opportunity Commission and the U.S. Department of Justice with the aim of catching violations ranging from immigration paperwork abuse to wage theft or discriminatory hiring practices.
  • Targets + triggers for investigations
    The kinds of employer behavior in scope include: Underpaying H-1B workers; failing to offer fair wages relative to U.S. workers; mischaracterizing job duties or worksite locations to suit visa requirements; and hiring foreign workers when qualified U.S. workers were available but overlooked.
  • Penalties + consequences for violations
    If an employer is found violating H-1B rules, Project Firewall consequences may include: Payment of back wages owed to affected workers; civil monetary penalties (fines); and
    debarment from future participation in the H-1B visa program — potentially barring a company from hiring any H-1B workers for a set period.

Why Project Firewall Matters (and Who Is Affected)

  • U.S. workers: Project Firewall is intended to protect jobs, wages and prevent displacement by ensuring employers give preference to qualified Americans.
  • Employers, especially those hiring large numbers of H-1B workers (common in tech and other high-skill industries): Project Firewall represents a major shift — compliance is no longer just documentation, there’s now a risk of aggressive audits and serious penalties.
  • H-1B visa holders and foreign nationals seeking U.S. employment: Companies may become more cautious about using the H-1B program; some may tighten recruitment or reduce reliance on foreign hires.

Conclusion

The launch of Project Firewall comes alongside other recent changes to H-1B policy, including new fees for H-1B petitions, that overall signal the current administration’s tougher, more restrictive stance on high-skilled immigration.

Employers should audit their H-1B practices now: Review wage levels, recruitment processes and documentation (Labor Condition Applications, Public Access Files) and ensure ongoing compliance to avoid triggering investigations.

Takeaways

  • The Trump Administration will review all green cards issued to individuals from 19 “countries of concern.”
  • The DHS has indefinitely stopped processing Afghan-related immigration requests.
  • President Trump stated his goal is to “permanently pause migration from all Third World Countries.”

U.S. Citizenship and Immigration Services (USCIS) Director Joe Edlow recently announced a realignment of policy which focuses on restricting or eliminating immigration in certain countries.

Director Edlow confirmed on X that his department will conduct a comprehensive review of all green cards issued to individuals from 19 “countries of concern.” These countries match the 19 countries identified in the president’s June Presidential Proclamation:

  1. Afghanistan
  2. Burma (Myanmar)
  3. Burundi
  4. Chad
  5. Republic of the Congo
  6. Cuba
  7. Equatorial Guinea
  8. Eritrea
  9. Haiti
  10. Iran
  11. Laos
  12. Libya
  13. Sierra Leone
  14. Somalia
  15. Sudan
  16. Togo
  17. Turkmenistan
  18. Venezuela
  19. Yemen

Director Edlow stated his review will incorporate “negative, country-specific factors,” such as the reliability of identity documents issued by these nations.

In addition, DHS has indefinitely suspended processing of immigration requests related to Afghan nationals and is reexamining asylum cases approved under the Biden Administration.

President Donald Trump emphasized that his administration’s goal is to “permanently pause migration from all Third World Countries,” revoke federal benefits for noncitizens, and pursue denaturalization of migrants deemed security risks or incompatible with U.S. values.

The Trump Administration’s stance reflects a broader effort to tighten immigration controls, focusing on perceived national security threats and cultural compatibility. Critics argue that the sweeping nature of the policy could lead to mass denials and revocations; supporters claim it is necessary to protect national security.

The immediate implementation of the Nov. 27 changes underscores the Trump Administration’s urgency in reshaping immigration policy in response to recent events.

Director Edlow’s announcement will significantly tighten immigration scrutiny for individuals from the 19 designated “countries of concern.” The extensive review means that many immigrants could experience delays, denials, or even revocation of their legal status.

Additionally, benefits for noncitizens may be revoked, and individuals deemed incompatible with United States values or security standards could face denaturalization or deportation, potentially creating widespread uncertainty for thousands of lawful residents and applicants.

It will be crucial for employers of foreign nationals from the 19 countries to closely monitor their employees’ status.

Jackson Lewis attorneys are available to assist in strategizing and filing petitions for highly skilled individuals.