Despite heightened scrutiny, evolving adjudication standards, and continued operational pressure on U.S. immigration agencies, 2026 may prove a viable — and even advantageous — year for U.S. employers to sponsor global talent. The employers who may see the greatest success might approach sponsorship strategically, plan well in advance, and incorporate lessons learned from government practices…

USCIS has released new implementation guidance on the $100,000 supplemental fee established under the Sept. 19, 2025, Presidential Proclamation “Restriction on Entry of Certain Nonimmigrant Workers.” The update provides clarity for U.S. employers and their HR and legal teams: most domestic H-1B filings will not be subject to the new fee, while exceptions for overseas…

The Department of State (DOS) has expanded the visa bond pilot program under Section 221(g)(3) of the Immigration and Nationality Act (INA) to include The Gambia, effective Oct. 11, 2025. This follows the recent designation of Zambia and Malawi on Aug. 20, 2025. Nationals of these three countries who are otherwise eligible for a B-1/B-2…

Part 1 provided an overview of immigration policy changes included in the Spring 2025 DHS Regulatory Agenda and included considerations for employers. Part 2 discusses potential impacts to specific industries and additional employer considerations.
Continue Reading Spring 2025 DHS Regulatory Agenda: Immigration Policy Changes and Employer Considerations (Part 2)

Government agencies are increasingly auditing employers for compliance with Form I-9 employment verification requirements and Labor Condition Application (LCA) obligations related to H-1B and other work visas. These audits often come with little notice, and mishandling them may result in penalties and business disruption.…

Continue Reading Responding to I-9 and LCA Audits: Employer Considerations

The U.S. Department of State has announced a new visa bond pilot program that, while currently limited in scope, may introduce new challenges to business travel starting Aug. 20, 2025.…

Continue Reading New US Visa Bond Program Set to Launch, Creating Potential Business Travel Challenges for Select Countries

The U.S. Department of State (DOS) announced July 25, 2025, a significant change to its interview waiver policy effective Sept. 2, 2025. This policy revision will require most nonimmigrant visa applicants to attend in-person consular interviews, altering the visa processing landscape for HR departments and legal teams. This change arrives following a rollback that began…

U.S. immigration laws are playing an increasingly significant role in corporate transactions, and the incoming presidential administration’s expected emphasis on immigration enforcement highlights the importance of addressing these considerations during due diligence. A thorough due diligence process is a critical step for acquiring companies to enhance compliance with immigration laws, evaluate potential liabilities, and identify…

With the spread of the Coronavirus Disease 2019 (COVID-19) in the U.S., employers have had to face unprecedented issues impacting continued business operations. As time passes, some employers in those states have returned to the office, while others have continued remote work. COVID-19 has also posed challenges to the profitability and continued operations of many…