Federal Employment Law Articles

Immigration

Articles Discussing Employing Immigrants.

For Law Firms

Get your firm featured on ELINFONET

We feature your alerts & events and send the clicks straight to your site.

Become an affiliate
Immigration - Employment Eligibility

USCIS, E-Verify Issue Updated TPS Guidance for Seven Countries Following SCOTUS Decision

Jackson Lewis P.C.·

Takeaways USCIS and E-Verify have issued updated employer guidance for TPS beneficiaries from Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria and Yemen. For all seven countries, employers should use July 10, 2026, as the current date for Form I-9 and E-Verify purposes. Employers should not assume July 10 marks the automatic end of TPS-based employment authorization, particularly for Haiti and Syria, where litigation and agency implementation remain ongoing. Following the U.S. Supreme Court’…

Immigration - General

SCOTUS Preserves Birthright Citizenship, Providing Certainty for Employees and Their Families

Jackson Lewis P.C.·

TakeawaysThe U.S. Supreme Court held that the Fourteenth Amendment guarantees birthright citizenship to nearly all children born in the United States, regardless of their parents’ immigration statusThe Court held that Executive Order (EO) 14160, which sought to deny citizenship at birth to certain children born to parents who were unlawfully present or present in temporary immigration statuses, was unconstitutional The decision reaffirms more than a century of constitutional precedent interpret…

Immigration - General

USCIS Updates TPS-Related EAD Expirations

Littler·

USCIS Updates TPS-Related EAD Expirations On July 1, 2026, the United States Citizenship and Immigration Services (USCIS) released updates extending the expiration dates of employment authorization documents (EAD) related to Temporary Protected Status (TPS) for nationals from the following countries: Haiti, Burma, Somalia, Yemen, Syria, Ethiopia, and South Sudan. tgelbman@littler.com Wed, 07/01/2026 - 15:33

Immigration - General

Supreme Court Upholds Birthright Citizenship, Rejecting Executive Order

Ogletree Deakins·

On June 30, 2026, the Supreme Court of the United States struck down President Donald Trump’s Executive Order 14160 in Trump v. Barbara, No. 25-365 , reaffirming that the Fourteenth Amendment of the U.S. Constitution grants automatic birthright citizenship to virtually all children born on United States soil, regardless of their parents’ immigration status.

Immigration - General

Supreme Court Allows Termination of TPS for Haiti and Syria

Ogletree Deakins·

On June 25, 2026, the Supreme Court of the United States ruled that the U.S. Department of Homeland Security (DHS) may proceed with terminating the Temporary Protected Status (TPS) designations for Haiti and Syria, holding that federal courts may not review most challenges to how those decisions are made.

Immigration - General

DHS Proposes Increase to U.S. Citizenship Application Fees

Ogletree Deakins·

On June 23, 2026, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) that would noticeably increase the fees U.S. Citizenship and Immigration Services (USCIS) charges for naturalization applications.

Immigration - General

Supreme Court Rules DHS Has Authority to End TPS for Foreign Nationals of Haiti and Syria

Littler·

Supreme Court Rules DHS Has Authority to End TPS for Foreign Nationals of Haiti and Syria On June 25, 2026, the U.S. Supreme Court held in Mullin v. Doe (along with consolidated companion case, Trump v. Miot ) that the Trump administration's decision to end Temporary Protected Status (TPS) for foreign nationals from Haiti and Syria could stand. tgelbman@littler.com Thu, 06/25/2026 - 17:10

Immigration - Employment Eligibility

SCOTUS Lifts TPS Termination Injunctions for Haiti, Syria; Employers Await DHS Guidance

Jackson Lewis P.C.·

Takeaways The U.S. Supreme Court reversed preliminary injunctions preventing DHS from implementing the termination of Temporary Protected Status (TPS) for Haiti and Syria. The Court held that the TPS statute bars judicial review of most nonconstitutional challenges to TPS designation and termination decisions. However, the decision itself does not terminate employment authorization or establish new Form I-9 deadlines. Employers should await DHS implementation guidance before acting. The U.S. Su…

Immigration - General

Supreme Court Addresses Rights of Green Card Holders in Blanche v. Lau

Ogletree Deakins·

The Supreme Court of the United States’ opinion in Blanche v. Lau , No. 25-429 (June 23, 2026), reshapes how border officers may treat returning green card holders suspected of having committed offenses that would render them inadmissible. The ruling is important for lawful permanent residents (LPRs) planning international travel.

Immigration - Visas

Proposed DHS Rule Could Change How International Students Maintain F-1, J-1 Visa Status

Jackson Lewis P.C.·

Takeaways DHS rule cleared by the White House and would replace the long-standing “duration of status” (D/S) framework with fixed admission periods. Extension filings and increased government oversight may create additional administrative burdens and uncertainty for visa holders. The proposal has not been finalized, and the current D/S system remains in effect. A proposed Department of Homeland Security (DHS) rule that recently cleared White House review could fundamentally change how internati…

Immigration - Visas

Trump Administration Appeals Ruling Striking Down $100,000 H-1B Fee Requirement

Ogletree Deakins·

On June 11, 2026, the Trump administration filed a notice of appeal challenging the U.S District Court for the District of Massachusetts’s June 8, 2026, decision vacating the $100,000 H-1B fee requirement. Judge Leo T. Sorokin granted the government’s motion to stay the decision pending appeal.

Immigration - Visas

July 2026 Visa Bulletin Shows Unavailability in India EB-2 Final Action Dates

Ogletree Deakins·

The U.S. Department of State’s July 2026 Visa Bulletin shows that visas are unavailable for the India EB-2 category and mixed movement from the June 2026 Visa Bulletin in other categories.

Immigration - Visas

Federal Court Vacates $100,000 H-1B Fee

Jackson Lewis P.C.·

Takeaways A federal district court in Massachusetts ruled on Monday that the $100,000 fee President Trump imposed on certain H-1B petitions constitutes an unlawful tax and vacated the fee in its entirety. President Donald Trump’s Sept. 19, 2025, Presidential Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” introduced a new $100,000 fee requirement for new... Continue Reading

Immigration - General

How can employers prepare for a potential workplace visit by Immigration and Customs Enforcement?

Littler·

How can employers prepare for a potential workplace visit by Immigration and Customs Enforcement? How can employers prepare for a potential workplace visit by Immigration and Customs Enforcement (ICE)? Even without advance notice, employers can take meaningful steps now to be ready for a potential ICE workplace visit. ehubert@littler.com Tue, 06/09/2026 - 15:39