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Twice a year, the Office of Management and Budget, in concert with the General Services Administration and its own Office of Information and Regulatory Affairs, publish the Unified Regulatory Agenda (Unified Agenda). The Unified Agenda is a transparency program that publishes federal agency rulemakings in process. It is not a process set in concrete but rather a snapshot in time to inform the public of rulemakings and regulations being developed by federal agencies.

The Department of Homeland Security (DHS) postings, released Nov. 21 for Fall 2019 are here. In addition to enabling the searching of regulations by agency and content, the agencies offer a regulatory “plan” which sets out regulatory principles. The DHS statement can be found here. Continue Reading OMB Releases Fall 2019 Unified Regulatory Agenda; DHS & USCIS Expect Active Rulemakings

Today, the Office of Management and Budget (OMB) released the bi-annual Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions.   

As set forth in a Federal Register notice and using the Department of Homeland Security as an example, the Unified Agenda is explained as follows: 

This regulatory agenda is a semiannual summary of projected regulations, existing regulations, and completed actions of the Department of Homeland Security (DHS) and its components. This agenda provides the public with information about DHS’s regulatory and deregulatory activity. DHS expects that this information will enable the public to be more aware of, and effectively participate in, the Department’s regulatory and deregulatory activity. DHS invites the public to submit comments on any aspect of this agenda.

As such, these agency submissions are snapshots in time and estimates of pending timelines by the agency, which can change based on many factors.  

Staying with the Department of Homeland Security/USCIS for example purposes, a few rules in final rule stage include, among others:

 

 

 

 

 

 

Find past reporting on the OMB Unified Agenda Here

Please check back as we post additional information on the Spring Unified Agenda and other matters as events and new information warrants.

On Dec. 14, the Office of Management and Budget Office of Information and Regulatory Affairs (OMB) published the biennial Unified Agenda.  A long-standing outgrowth of previous regulatory reform efforts, the Unified Agenda offers the public the “current thinking” of federal agencies on upcoming Agency regulatory priorities.

Of importance to the immigration community, DHS USCIS posed the following regulatory priorities-

United States Citizenship and Immigration Services

U.S. Citizenship and Immigration Services (USCIS) is the government agency that oversees lawful immigration to the United States. USCIS’s role is to efficiently adjudicate and manage petitions, applications, and requests for immigration benefits for foreign nationals seeking lawful immigration status in the United States and for individuals seeking to become citizens of the United States, and other matters within the jurisdiction of the agency, in a manner that detects, deters, and prevents fraud, protects the jobs and working conditions of American workers as appropriate, and ensures the national security, public safety, and welfare of the American people. In the coming year, USCIS will promulgate several regulatory and deregulatory actions to directly support these commitments and goals.

Continue Reading OMB OIRA Releases Unified Agenda and USCIS Regulatory Priorities, Including H-1B, EB-5, and More

The Department of Homeland Security (DHS) released the Fall Unified Agenda, updating the Improvement of the Employment Creation Immigrant Regulations.  DHS has now moved the stage of rulemaking from “long-term actions” to “proposed rule stage.”  This new release also changes the date of the Notice of Proposed Rulemaking (NPRM) from “to be determined” to January 2017.  To read the full text of the release, please view the Spring 2016 update.

In addition, Statement of Need,  Summary of the Legal Basis, and Anticipated Costs and Benefits sections have been added. Of note under “Anticipated Costs and Benefits” is that “the rule would benefit entrepreneurs seeking to participate in the program by providing the opportunity to mitigate the harsh consequences of unexpected changes to business conditions through priority date retention in limited circumstances.”

Greenberg Traurig will continue to monitor this activity and will provide an update as soon as the proposed rules are published.

The Department of Labor (DOL)’s new Project Firewall has become a much discussed—and misunderstood—development in U.S. business immigration. Announced in September 2025, this initiative signals an increased focus on federal enforcement of the H-1B visa program. While employers are right to take notice, some of the conversation around Project Firewall has been driven by speculation. Below, we seek to separate fact from fiction to help HR leaders, compliance officers, and global mobility teams prepare effectively.

Fact vs. Fiction #1: Project Firewall Is Just Another Routine Audit Program

Fiction: Project Firewall is business as usual—another compliance program with limited reach.

Fact: Project Firewall is one of the most aggressive H-1B enforcement initiative in more than a decade.

  • It enables “secretary-certified investigations,” giving the secretary of labor authority to personally initiate high-priority employer audits.
  • The initiative expands interagency data sharing between DOL, Department of Homeland Security, and Department of State to create a more unified enforcement network.
  • Early indications show targeted audits of employers with patterns of offsite placement, wage-level discrepancies, or unusually high H-1B ratios.

Takeaway: Employers might expect deeper, faster, and more coordinated investigations that go beyond traditional wage-and-hour audits.

Fact vs. Fiction #2: Only Large Tech Companies Are Affected

Fiction: Enforcement will focus solely on major tech firms or outsourcing companies.

Fact: Project Firewall is industry neutral. While data-driven targeting may prioritize large users of H-1Bs, smaller employers may be equally exposed if red flags appear—such as inconsistent job titles, frequent amendments, or third-party worksite placements.

Takeaway: Mid-sized and niche employers (including startups and consulting firms) should not assume immunity.

Fact vs. Fiction #3: Employers May ‘Fix’ Compliance Issues Later

Fiction: If issues arise, they may be corrected retroactively by paying fines.

Fact: Under Project Firewall, noncompliance may lead to debarment, not just civil penalties, impacting employers’ ability to sponsor new H-1B visas in the future.

  • Employers found to have committed serious or willful violations may be barred from filing H-1B petitions for a period of years.
  • Back-wage orders, public disclosure, and potential referrals to USCIS for status revocation are possible penalties.

Takeaway: Compliance must be proactive—rectifying issues after a DOL inquiry may no longer be sufficient.

Preparing for the Firewall Era: Practical Considerations for Employers

  1. Conduct an internal H-1B audit. Review LCAs, job titles, and wage levels for consistency and accuracy.
  2. Document everything. Keep records of worksite locations, job duties, and changes in employment conditions.
  3. Train HR and project managers. Ensure everyone involved understands LCA posting, amendment triggers, and documentation rules.
  4. Monitor third-party placements. Ensure vendors and clients understand and adhere to compliance obligations.

Conclusion

Project Firewall represents a new enforcement paradigm for employment-based immigration. The era of “checklist compliance” is over—now, employers must demonstrate active, documented adherence to the spirit and letter of H-1B regulations. The right preparation may help companies navigate this environment confidently, protect their foreign talent pipelines, and reduce exposure to costly investigations.

The Department of Homeland Security (DHS) has published its Spring 2025 Unified Regulatory Agenda, outlining changes to immigration policies and enforcement procedures that may affect U.S. employers and their workforces. These regulatory developments represent a shift in approach from previous policies and require careful analysis and planning by HR departments and legal counsel.

Verified Regulatory Changes

Executive Actions Already Implemented 

Based on official government announcements, several immediate policy changes have been in effect since January 2025. Executive Order 14159 revoked previous guidance limiting immigration enforcement in certain locations, and now allows enforcement actions at all workplace locations. Additionally, new screening procedures for immigration benefit applications have been implemented, including social media review for certain categories of applicants, which may extend processing times and require additional documentation preparation.

The administration has also reinstated alien registration requirements under Immigration and Nationality Act (INA) Section 262, making compliance with these registration obligations a priority for enforcement agencies. This affects foreign nationals who may not have been subject to registration requirements under previous policies. Furthermore, new fee structures under reconciliation legislation have been implemented, including asylum application fees that became effective July 22, 2025, which adds financial considerations to immigration planning.

H-1B Program Changes Already in Effect 

H-1B and H-2 final rules took effect Jan. 17, 2025, implementing several modifications to these temporary worker programs. The most notable change was the introduction of a beneficiary-centric selection process for the FY 2025 cap season, which aimed to reduce gaming of the lottery system by focusing on individual beneficiaries rather than allowing multiple registrations. The rules also established streamlined approval processes for certain petition types, particularly for extensions and amendments where the basic circumstances remain unchanged.

Enhanced portability provisions for H-2B workers were also implemented, allowing greater flexibility for workers to change employers under certain circumstances. Additionally, all petitioners must now use the updated Form I-129 (edition 01/17/25) for any petitions filed on or after the effective date, with no grace period for the previous form version.

Proposed Regulatory Changes Under Review

H-1B Program Reform Initiative 

According to the Spring 2025 regulatory agenda, DHS proposes to “reform the H-1B program by revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third party placements.” The stated purpose is to “improve the integrity of the H-1B nonimmigrant program and better protect U.S. workers’ wages and working conditions.”

The proposed changes would include revisions to cap exemption eligibility criteria for universities and nonprofit research organizations, potentially affecting institutions that have historically been exempt from the annual H-1B numerical limitations. Enhanced compliance review procedures may be implemented for employers with previous violations, potentially resulting in increased documentation requirements and longer processing times for companies with compliance histories. The proposal also encompasses increased documentation requirements for third-party placement arrangements, which may impact consulting and staffing companies that place H-1B workers at client sites. Additionally, expanded site visit and monitoring programs will provide immigration authorities with greater oversight capabilities over H-1B employers and their compliance with program requirements.

Employment Authorization Policy Revisions 

The agenda includes proposals affecting various categories of employment authorization that might have broad implications for employers and workers. One proposed change involves potential modifications to employment authorization eligibility for asylum applicants, which might affect workers who are currently authorized to work based on pending asylum applications. Additionally, proposed clarifications regarding discretionary employment authorization would affect multiple foreign national populations, potentially including F-1 students utilizing Optional Practical Training, individuals with pending adjustment of status applications, and various temporary status holders. These changes may alter the employment landscape for thousands of foreign national workers currently authorized to work in the United States under these programs.

Employer Considerations and Planning Needs

Enhanced I-9 and Worksite Compliance 

Employers should consider comprehensive reviews of their I-9 compliance procedures and documentation to ensure all required forms are properly completed and maintained according to current standards. This includes verifying that Section 1 of Form I-9 is completed on the employee’s first day of work, that Section 2 is completed within three business days of the employee’s start date, and that re-verification is conducted when work authorization documents expire. Employers should also prepare protocols for potential government inspections, including designating specific personnel who are authorized to interact with enforcement agents and establishing clear procedures for document production requests. [See prior GT blog posts on inspections.]

Immigration Benefit Application Considerations 

New screening requirements may affect processing times for H-1B, L-1, and other employer-sponsored petitions, which may require employers to build additional time into their planning processes. Enhanced documentation requirements for benefit applications may include more detailed job descriptions, organizational charts, and evidence of the employer-employee relationship. The implementation of social media and background review procedures means that applicants should be advised to review their online presence before filing applications, and employers should consider developing guidelines for employees regarding social media content during the application process. Premium processing availability and timelines may also be affected, as certain cases requiring enhanced security review may be excluded from expedited processing options.

Workforce Planning Considerations

Proposed H-1B reforms may particularly affect organizations currently utilizing cap exemptions, as revisions to exemption criteria may force some positions into the annual lottery system that were previously guaranteed processing. Employers with previous compliance issues should expect enhanced scrutiny of future petitions, potentially including mandatory site visits, extended processing times, and higher documentation standards.

Employment Authorization Categories 

Potential changes to discretionary employment authorization may affect various worker populations and their employers. F-1 students currently utilizing Optional Practical Training may face modified eligibility criteria or shortened authorization periods, which might impact technology companies and other employers who rely on this talent pipeline for entry-level positions. Employees with pending adjustment of status applications may encounter changes to automatic work authorization renewal procedures, potentially creating gaps in employment authorization for long-term employees awaiting green card processing. Workers in various temporary status categories, including those with Temporary Protected Status or humanitarian parole, may face enhanced eligibility requirements or modified renewal procedures. Additionally, dependent spouses with current work authorization under programs like H-4 EAD may be affected by policy modifications that might restrict or eliminate these work opportunities.

Implementation Timeline Considerations

Immediate Effect Changes 

Enhanced enforcement procedures are already operational across all DHS agencies, meaning that employers should expect immediate application of new compliance standards. New application screening requirements have begun implementation, affecting processing times and documentation requirements for current applicants. Fee changes took effect July 22, 2025, requiring budget adjustments for ongoing and planned immigration cases. H-1B final rule changes became effective Jan. 17, 2025, and apply to all petitions filed on or after that date.

Proposed Rule Timeline 

Most proposed rules undergo public comment periods, typically lasting 30-60 days, providing an opportunity for stakeholders to provide input on proposed changes. Final implementation may occur six to 12 months after proposal, though this timeline can vary based on the complexity of the rule and the volume of public comments received. Some changes may be implemented as interim final rules with immediate effect, particularly those related to national security or program integrity concerns. Court challenges or administrative delays may affect timelines, potentially extending implementation periods or requiring modifications to proposed rules based on judicial review.

Secretary of Labor Lori Chavez-DeRemer announced the creation of a new Office of Immigration Policy (OIP) within the Department of Labor (DOL)’s Office of the Secretary. The move is part of the Trump administration’s broader effort to streamline legal, employment-based immigration processes, enhance coordination across federal agencies, and reduce employer reliance on undocumented workers.

Purpose and Goals

The OIP is designed to provide centralized oversight, policy direction, and resource coordination for all employment-based immigration programs under DOL jurisdiction, including:

  • H-2A (Temporary Agricultural Workers)
  • H-2B (Temporary Non-Agricultural Workers)
  • H-1B (Specialty Occupations – via the Labor Condition Application (LCA) process)
  • PERM (Permanent (PERM) Labor Certification for Employment-Based Green Cards)
  • Prevailing Wage Determinations

Key Functions of the OIP

  1. Strategic Oversight and Resource Management: Centralizes budgetary and operational control for all immigration-related functions within DOL, with the goal of improving efficiency and ensuring strategic alignment with administration priorities.
  2. Policy Development and Coordination: Develops and implements immigration policy priorities in close coordination with agency heads, such as those from the Employment Training Administration (ETA), Wage and Hour Division (WHD), and Bureau of International Labor Affairs, and liaises with external entities, including the Office of Management and Budget, Congress, press, and federal agencies such as Department of Homeland Security (DHS) and State.
  3. Program Improvement and Service Delivery: Focuses on modernizing the administration of foreign labor certification using the latest technologies, improving customer service, and reducing delays in visa processing.
  4. Regulatory and Project Management: Provides leadership on all immigration-related regulatory initiatives, seeking to ensure timely execution of project milestones and addressing interagency bottlenecks.
  5. Federal and Interagency Coordination: Enhances coordination with agencies like DHS, State, and the Department of Agriculture to create a more unified and responsive employment-based immigration system.

Potential Benefits for Key Immigration Programs

1. H-2A and H-2B Programs

  • Simplified Processing and Interagency Coordination: By serving as a “one-stop shop,” OIP may reduce processing delays and inconsistent communication between DOL, DHS, and State.
  • Increased Responsiveness: Greater focus on seasonal and agricultural labor certification needs may improve predictability for U.S. employers.
  • Employer Access: Streamlining the certification process may encourage greater compliance and reduce undocumented hiring.

2. Prevailing Wage and PERM Labor Certification

  • Centralized Oversight: Improved alignment across ETA and OIP may accelerate prevailing wage determinations and PERM adjudications.
  • Technology Improvements: A customer-centric modernization of processes might reduce the current backlog and make filing more transparent.
  • Policy Flexibility: Enhanced oversight may enable the department to rapidly adapt to changing labor market conditions and economic demands.

3. H-1B LCA Process

  • Faster Approvals and Oversight: OIP’s centralized approach may speed up LCA certifications and ensure that WHD enforcement actions are more coordinated with policy goals.
  • Policy Clarity: A dedicated office may help resolve ambiguities in LCA enforcement and improve employer understanding of compliance obligations.

Takeaways

The OIP’s creation signals a major administrative reform within the DOL, aimed at making legal workforce pathways more efficient, accessible, and aligned with national economic priorities. If implemented effectively, OIP has the potential to improve processing times, regulatory consistency, and employer satisfaction across major employment-based visa categories—including H-2A, H-2B, H-1B, and PERM. It also offers a policy mechanism to encourage lawful hiring practices, thereby supporting broader immigration enforcement goals

Global law firm Greenberg Traurig, LLP opened an office in São Paulo, Brazil, furthering its presence in Latin America – a region it has served since its founding in Miami more than 50 years ago.

The São Paulo office – the 48th location for the firm – will continue providing U.S. law advice to clients seeking to do business in Brazil, as well as Brazilian clients considering expansion in the United States and globally. Greenberg Traurig’s Brazil Practice acts as foreign legal consultants under U.S. law and does not practice Brazilian law, per local regulation.

“Our firm’s growth has always been strategically focused on locations that allow us to best serve our clients, and this office positions the firm to continue helping our clients do business in the largest market in Latin America,” Chief Executive Officer Brian L. Duffy and Executive Chairman Richard A. Rosenbaum said in a joint statement. “Our Brazil Practice team draws on attorneys on the ground in São Paulo and is supported by the full capabilities of our Latin America Practice. Clients today want one unified, global firm that offers one-stop shopping to meet their full range of legal needs.”

Greenberg Traurig’s Brazil Practice supports clients conducting inbound and outbound cross-border transactions, including mergers & acquisitions, real estate, tax, and venture capital or other financing. The firm has advised some of the region’s largest companies, including Navent, an online real estate marketplace in Latin America, in its acquisition by Brazil-based QuintoAndar in a multinational, complex proptech deal. This transaction was awarded the 2022 Private M&A Deal of the Year in Latin America from Latin Lawyer magazine. Global companies such as MasterCard and prominent developers like Related Group have also relied on Greenberg Traurig to guide their expansion efforts in Brazil.

“The Brazil office is not a new venture for us – it is a natural progression of the work that our Latin America Practice has been doing here for decades,” said Yosbel A. Ibarra, co-managing shareholder of the firm’s Miami office, who is leading the firm’s São Paulo expansion with Antonio Peña, co-chair of the firm’s Latin America Practice. “We understand how to do business in Brazil and how to leverage that knowledge to facilitate transactions both in the country and across the globe.”

Greenberg Traurig’s Brazil Practice team draws on the experience of its award-winning Latin America Practice and the wide-ranging resources of its more than 2,750 attorneys around the world to navigate complex regulatory environments. For matters relating to Brazilian law, the firm maintains close relationships with leading local law firms, many of which include alumni of Greenberg Traurig’s International Associate Program, which for more than 30 years has hosted talented lawyers from Latin America to work at the firm before returning to their home countries.

“The opening of our São Paulo office comes in response to an increased demand from our clients and the local firms we work with,” Peña said. “We have been advising clients on deals linked to Latin America for more than five decades, and Brazil is at the core of our strategic growth plans.”

The firm’s Latin America Practice advises clients doing business in Spain, the Caribbean, and across nearly every country in the region, including Mexico, where the firm’s Mexico City office has more than 60 bilingual attorneys working in more than 20 practice areas.

As an update (to this recent posting), we clarify that USCIS recently indicated in the Fall Unified Agenda the posting of a Notice of Proposed Rulemaking in November 2018 (see RIN 1615-AC15) on this regulation.

Please check back as this and other H-1B regulatory actions are anticipated in the near future.

U.S. Department of Homeland Security (DHS) has proposed to remove eligibility for employment authorization to certain H-4 dependent spouses of H-1B workers in the publication of the Proposed Rule (RIN 1514-AC15). This DHS proposal was initially expected in February 2018 but was delayed due to review of other regulatory agenda items, according to U.S. Citizenship and Immigration Services (USCIS) Director Cissna. DHS published this proposed rule in response to and in accordance with the priorities set out in the President’s “Buy American and Hire American” Executive Order. DHS anticipates that this will reduce costs of production of employment authorization cards for H-4 nonimmigrants while acknowledging that employers may incur labor turnover costs.

In 2015, DHS published a final rule, which for the first time extended eligibility for employment authorization to dependent spouses of H-1B nonimmigrant workers going through the permanent residence sponsorship process, but subject to green card backlogs. Specifically, H-4 spouses of H-1B nonimmigrant workers for whom I-140 immigrant visa petitions have been approved by USCIS but whose green card applications could not be approved due to backlogs, or those eligible for H-1B extensions because their permanent residence sponsorship was initiated at least 12 months prior to the end of their sixth year of H-1B status, became eligible for employment authorization. At the time, DHS announced that providing for this employment authorization was consistent with its mission to support U.S. employers’ drive to recruit and retain highly skilled nonimmigrant workers.

As DHS’s latest publication is only a proposed rule, it does not automatically invalidate currently valid employment authorization documents for H-4 spouses. Furthermore, even as a final rule, an effective date for cessation of validity of H-4 employment authorization cards would need to be provided by DHS. Until that time, H-4 employment authorization cards remain valid. Contact your attorney with any questions regarding employment authorization as well as Form I-9 and E-Verify compliance issues raised by this DHS proposal.

Filing Instructions Published Dec. 14, 2017 – the International Entrepreneur Rule (IER) was finally implemented with USCIS’ publication of instructions on how international entrepreneurs can file Form I-941, Application for Entrepreneur Parole, in order to stay in the U.S. and develop business.

While not offering a path to U.S. permanent residence or U.S. citizenship, the IER does grant qualified international entrepreneurs temporary parole for up to five years (initial 2.5 year approval with possible 2.5 year extension) in the U.S. if they:

Continue Reading USCIS Provides Filing Instructions For Likely Short-Lived International Entrepreneur Rule and Errors Found in Instructions