The Visa Bulletin for March 2025 shows continued forward movement in the priority dates for most EB-2 and EB-3 categories.
Articles Discussing Employing Immigrants.
U.S. Visa Dropbox Eligibility Reverts to Pre-COVID Standard, More Applicants Will Need In-Person Interviews
The U.S. Department of State has unexpectedly updated Consular websites with revised eligibility requirements for Visa Interview Waiver (“dropbox”) appointments.
Effective immediately, dropbox eligibility is limited to applicants renewing a visa in the same nonimmigrant classification that expired within the past 12 months. While no official government announcement has been
Navigating Permanent Establishment Risks in Cross-Border Employment
As businesses continue to expand their operations across borders—by engaging contractors, hiring employees, or initiating other revenue-generating activities overseas—understanding permanent establishment risks becomes critical. The creation of a permanent establishment (PE)—a tax concept that may trigger a company’s obligation to report, file, and pay corporate taxes in a foreign country—represents
Immigration Policy Tracker: January 20—February 5, 2025
The first three weeks of the new presidential administration resulted in numerous executive orders and agency actions impacting foreign nationals living and working in the United States. These actions were far-reaching, with potential impacts for employers and sponsored employees across the United States. This article discusses several of the actions
The H-1B Lottery in Times of Change
By: The H-1B Lottery in Times of Change
In their few weeks in power, the incoming administration made many changes to immigration policy. One thing that has not changed is the H-1B lottery. On Wednesday, USCIS announced the dates for submission and processing for the Fiscal Year 2026 H-1B lottery entries. Employers use H-1B visas to employ foreign nationals in “specialty occupations” or positions that require a bachelor’s degree in a particular field. A typical user of the H-1 visa is an employer who wishes to retain the services of a foreign student employed using an F-1 Optional Practical Training Employment Authorization Document. However, given the new administration’s rapid changes to immigration policy, employers should consider this visa for a wider set of foreign national employees.
H-1B visas are very popular. Federal law limits the number of new H-1B visas to 85,000 per year. Every year, USCIS received hundreds of thousands of requests for H-1B visas. Because demand for H-1 visas far outstrips supply, USCIS distributes the opportunity to apply for these visas using a lottery via its online filing portal. Employers wishing to participate in the lottery must have an organizational account, and supply USCIS with a modicum of information regarding the proposed employee. This information includes name, date and place of birth, gender, passport information, and educational attainment. Additionally, employers must pay a $215.00 filing fee for every employee they wish to submit. If selected, employers may then submit an H-1B petition on behalf of their employee.
USCIS begins accepting entries into the FY 2026 lottery on Friday, March 7, 2025 and stops accepting entries on Monday, March 24, 2025. A few days after the submission period closes, USCIS will select and inform the selected employers via the USCIS filing portal. Employers will then have until June 30, 2025 to submit an I-129 Petition for Nonimmigrant Worker requesting H-1B visa status for the selected employee. If approved, the employee will then receive H-1B status or an H-1B visa on October 1, 2025.
The big change to the lottery this year is the filing fee. In years past, the lottery entry fee was $10.00. This year, it’s $215.00. It’s unclear how this filing fee change will affect demand. In years past, since the barrier to entry to the H-1B lottery was so low, individuals would use multiple shill employers to enter the lottery. The fee increase will likely curtail this behavior. Also, given the steep increase in the filing fees, employers would be well served to consult with an immigration attorney. Since selection in the lottery only grants an employer the right to file a petition for an H-1 visa and not the visa, employers should seek counsel on the approvability of their employee and job before entering the lottery.
Finally, the H-1 lottery may be an opportunity to retain employees who are affected by the new administration’s policy changes. Employers may want to consider the H-1B visa for employees that they presently employ using TPS, one of the prior administration’s parole programs, or DACA. On February 1st the new administration stripped Venezuelans of Temporary Protected Status and the legal right to work. Additional restrictions on the legal right to work are expected including recission of the Deferred Action for Childhood Arrivals regulations. Employers employing such individuals may be able to use the H-1B visa as a means to retain these employees. Moving an employee from one of these status to H-1B is not appropriate for all people, and even among the qualified, is not without risk. Consult with immigration counsel before choosing this course of action, and may the odds be ever in your favor.
FY 2026 H-1B Cap Lottery Alert: Registration Period and Important Changes to USCIS Online System
U.S. Citizenship and Immigration Services (USCIS) has announced that the fiscal year (FY) 2026 H-1B cap registration period will open at noon ET on Friday, March 7, 2025, and will remain open until noon ET on Monday, March 24, 2025.
H-1B Cap Update: USCIS Announces FY2026 H-1B Cap Registration Period and Massive Fee Hike
The H-1B cap season for Fiscal Year 2026 is quickly approaching. USCIS announced on Feb. 5, 2025, that the registration period for FY 2026 will open at noon (EST) on Friday, March 7, 2025, and close at noon (EST) on Monday, March 24, 2025, and that the registration fee will
This Winter and Spring, Prepare To See a Lot of ICE
Given the current administration’s focus on cracking down on illegal immigrants, employers can expect that Immigration and Customs Enforcement (ICE) will be either showing up on their property or conducting audits to examine whether any employees are not authorized to work. The time to plan is before this happens; ensure now that employees and managers know what to expect and what their rights are.
Federal Judge Blocks President Trump’s Executive Order on Birthright Citizenship
On February 5, 2025, a federal judge in Maryland issued a nationwide preliminary injunction that halts President Donald Trump’s executive order aimed at terminating birthright citizenship for children born in the United States to undocumented and temporary immigrants.
The First 100 Days: Executive Orders Impacting Immigration Policy
In the second episode of Littler’s new “The First 100 Days” podcast series, Jorge Lopez and Elizabeth Whiting discuss the executive orders affecting immigration policy and compliance enforcement and the impact on companies who employ foreign workers.
Laken Riley Act Could Impact U.S. Visa Stamping for Certain Foreign Nationals
On January 29, 2025, President Trump signed the first bill of his second presidential term into law. The legislation, named the Laken Riley Act, gives substantial power to state attorneys general (and other authorized state officers) to interpret and implement federal immigration policies.
Workplace Immigration Raids and I-9 Audits
One of President Trump’s major campaign promises was to crackdown on illegal immigration. In his first few weeks on the job, the President has taken various steps in this direction. Workplace raids and Form I-9 audits
ICE Workplace Raids – How Employers Can be Prepared
This Alert provides guidance to help employers effectively respond to a workplace raid by Immigration and Customs Enforcement (ICE) authorities.
President Trump’s Immigration-Related Executive Orders: Potential Impact on Employers
Following his inauguration on Jan. 20, 2025, President Trump issued a number of immigration-related Executive Orders (EOs) sure to have impact on employers and their business operations. So far, the focus in the media has been on border security, asylum, refugees, removal of undocumented aliens (deportation) and birthright citizenship. However,
Exceptional Service: Restaurant Immigration Compliance for Employers
Restaurant operators and employers may likely face significant challenges in hiring and retaining their workforces under the new administration.