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Home > Federal Law Articles > Immigration

Articles Discussing Employing Immigrants.

USCIS Rule Raises Stakes for Signature Defects in Immigration Benefit Requests

Posted: May 13, 2026 | Ogletree Deakins Category: Immigration - General

On May 11, 2026, U.S. Citizenship and Immigration Services (USCIS) published an interim final rule (IFR) formally codifying the agency’s authority to deny (not just reject) immigration benefit requests found to contain invalid signatures after acceptance. The rule takes effect on July 10, 2026.

DHS Rule Proposing Changes to F, J, and I Visa Programs Under Final Review

Posted: May 10, 2026 | Ogletree Deakins Category: Immigration - Visas

The U.S. Department of Homeland Security’s (DHS) proposed rule that would eliminate the longstanding duration of status system for individuals admitted as foreign students, exchange visitors, or representatives of foreign media has been submitted to the Office of Information and Regulatory Affairs (OIRA) for final review.

ICE Raises I-9 Enforcement Standards and Broadens its List of Fines | CDF Labor Law LLP

Posted: April 30, 2026 | CDF Labor Law LLP Category: Immigration - Employment Eligibility

ICE Raises I-9 Enforcement Standards and Broadens its List of Fines

ICE Issues New Fact Sheet on I-9 Violation Classifications

Posted: April 21, 2026 | Ogletree Deakins Category: Immigration - Employment Eligibility

U.S. Immigration and Customs Enforcement (ICE) recently modified its nearly thirty-year-old guidance on the division between substantive and technical violations on Form I-9s by publishing a fact sheet and did so without engaging in a rulemaking process or seeking public participation.

H-1B Lottery 2027: Selection Outcomes and Next Steps (Podcast)

Posted: April 15, 2026 | Ogletree Deakins Category: Immigration - Visas

In this podcast, shareholders Meagan Dziura (Raleigh) and Kara Lancaster (Raleigh) discuss the results of this year’s H-1B lottery. Kara and Meagan highlight a major change: the introduction of a wage-weighted selection system, which gives higher-paid workers better odds of being selected. They also provide tips for employers on what

ICE Reclassifies Certain Form I‑9 Errors: Updated Audit Considerations for Employers

Posted: April 14, 2026 | Jackson Lewis Category: Immigration - Employment Eligibility

Immigration and Customs Enforcement (ICE) has updated its Form I‑9 Inspection guidance, changing how the agency classifies certain Form I‑9 errors during employer audits. Although the underlying Form I‑9 requirements remain the same, several errors that were considered “technical or procedural” are now treated as “substantive,” which may result in penalties without an opportunity to… Continue Reading

Justice Department Targets Visa Preference in Job Ads

Posted: April 13, 2026 | Ogletree Deakins Category: Immigration - Visas

On April 6, 2026, the U.S. Department of Justice’s (DOJ) Immigrant and Employee Rights Section announced a settlement with an IT staffing firm over allegations that language used in job advertisements reflected a preference for H-1B visa holders. The DOJ claimed the job ads constituted employment discrimination against American citizens.

Form I-9 Updates: ICE Sets Aside Many of the Prior Positions for Determination of Substantive and Procedural Errors

Posted: April 12, 2026 | Littler Category: Immigration - Employment Eligibility

Form I-9 Updates: ICE Sets Aside Many of the Prior Positions for Determination of Substantive and Procedural Errors

On March 16, 2026, the U.S. Immigration & Customs Enforcement (ICE) issued new rules regarding substantive and technical violations of Form I-9. These changes were made to ICE’s “Form I-9 Inspection Under

Hikes in Prevailing Wage Levels for H-1B and PERM Cases? DOL Proposal Explained

Posted: April 12, 2026 | Jackson Lewis Category: Immigration - Visas

The Department of Labor (DOL) has published a notice of proposed rulemaking (NPRM) to revise how prevailing wage levels are calculated for the H-1B, H-1B1, E-3, and PERM employment based non-immigrant and immigrant visa programs. The March 27, 2026, proposal seeks to increase the four-tiered prevailing wage structure for these visa programs by aligning them… Continue Reading

USCIS Completes Fiscal Year 2027 H-1B Lottery

Posted: April 1, 2026 | Ogletree Deakins Category: Immigration - Visas

On March 31, 2026, U.S. Citizenship and Immigration Services (USCIS) announced the completion of the selection process for the H-1B cap lottery for fiscal year (FY) 2027.

State Department Expands ‘Online Presence Review’ for Additional Nonimmigrant Visas Effective March 30

Posted: March 29, 2026 | Jackson Lewis Category: Immigration - Visas

The Department of State has announced an expansion of its 2025 visa screening and vetting process for certain nonimmigrant visas to other classifications. The new policy is scheduled to go into effect March 30, 2026. Consular officers will be broadening “online presence review” as part of adjudicating certain nonimmigrant visa applications. Groups already subject to… Continue Reading

DOL Proposed Rule Would Increase Wage Levels for H-1B Visas, PERM Labor Certifications

Posted: March 26, 2026 | Ogletree Deakins Category: Immigration - Visas

On March 26, 2026, the U.S. Department of Labor (DOL) issued a notice of proposed rulemaking (NPRM) that proposes significant changes related to how prevailing wages are calculated for employers seeking to hire foreign workers under H-1B, H-1B1, and E-3 visa statuses, as well as permanent labor certification under PERM

DOL Proposed Rule Seeks Higher Prevailing Wages Levels for Foreign Workers

Posted: March 26, 2026 | Littler Category: Immigration - General

DOL Proposed Rule Seeks Higher Prevailing Wages Levels for Foreign Workers

The U.S. Department of Labor is scheduled to issue a proposed rule that would increase and re-adjust the “prevailing wage” levels for key employment-based immigration sponsorship programs. The prevailing wage rate refers to the average salary paid to workers

Haiti and Syria TPS Update: Additional Agency Guidance for I-9 and E-Verify Compliance

Posted: March 25, 2026 | Jackson Lewis Category: Immigration - Employment Eligibility

USCIS and E-Verify have updated their previous coordinated employer guidance with respect to handling I-9 and E-Verify compliance for current TPS beneficiaries from Haiti and Syria. Below are updated instructions. Form I-9 Complete Section 1 and Section 2 on I-9s as follows: New Hire Instructions: Existing Employee Instructions: E-Verify The E-Verify updates (see Haiti and… Continue Reading

State Department’s Visa Bond Program: 12 New Countries Added to the List

Posted: March 25, 2026 | Ogletree Deakins Category: Immigration - Visas

The U.S. Department of State announced an update to its “Countries Subject to Visa Bonds” notice on March 18, 2026, expanding the pilot program to include twelve additional nations. Under the visa bond pilot program, certain B-1/B-2 visitor visa applicants from subject nations may be required to post refundable cash

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