In a September 24, 2026, interview with commentator Benny Johnson, U.S. Department of Labor (DOL) Inspector General Anthony D’Esposito said he thinks the “foreign labor visa program is going to look very different 365 days from now than it does today.” His remarks, documented in a...
The U.S. Court of Appeals for the Eleventh Circuit recently issued an important decision addressing ineffective-assistance-of-counsel claims in immigration proceedings. In Pasqual-Andres v. U.S. Attorney General decided on August 4, 2026, the court held that a complaint filed with the Executive Office for Immigration Review (EOIR)...
Answer Not necessarily. When checking a case on CEAC, the status may show only “Issued” or “Refused,” without distinguishing between a refusal that requires additional processing and a refusal that is based on another ground of ineligibility. Thus, a “Refused” status may reflect a refusal under...
The White House has issued a new proclamation purporting to extend the September 2025 H1B entry restrictions for another year, again requiring a $100,000 payment for certain H1B workers seeking entry.Notably, the prior implementation of the $100,000 payment was vacated by a federal district court,...
A new Executive Order directs DOL, DHS, and DOS to consider an H1B employer’s recent or planned layoffs of similarly situated U.S. workers when reviewing LCAs, H1B petitions, visas, and admission.It also calls for expanded interagency coordination and a review of previously filed LCAs.Importantly, this...
A federal district court in Massachusetts has postponed the effective date of the Department of Homeland Security (DHS) final rule that would eliminate the duration-of-status (D/S) framework for F-1 students, J-1 exchange visitors, and certain I nonimmigrants. The rule, titled “Establishing a Fixed Time Period...
The U.S. Department of Homeland Security (DHS) is scheduled to publish a notice of proposed rulemaking on September 11, 2026, that would eliminate the discretionary grace period of up to 60 days currently available to certain nonimmigrant workers following the end of employment. The proposed...
For many U.S. employers, sponsoring a foreign national for H1B classification begins with the annual H1B cap registration process. Because the demand for H1B visas consistently exceeds the number available each fiscal year, many employers must rely on the H1B lottery before they may file...
The Department of Homeland Security (DHS) is considering a proposal that could significantly affect certain H-4 dependent spouses of H1B nonimmigrant workers. Listed under Regulatory Information Number 1615-AD14, the proposal would eliminate the regulatory basis for eligible H-4 spouses to request employment authorization under the...
The USCIS’s recent policy changes, which give officers greater discretion to deny petitions and applications without first issuing an RFE or NOID, are examined in a new ILW.com article by Murthy Law Firm Member Adam J. Rosen. Drawing on Matter of Rehman and the USCIS...
