Employers have been accustomed to uneventful renewals for their foreign workers; however, they soon may find themselves in a very different position. The United States Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS) have released a proposed rule that would end the deference that USCIS officers previously gave to earlier eligibility decisions when they review extension petitions filed on Form I-129. DHS slated the proposal for publication in the Federal Register on October 14, 2026, which opens a 30-day window for public comment.

For decades, Optional Practical Training (OPT) has given F-1 students a path to hands-on work experience and has given employers a key pipeline for early-career talent. That pipeline may soon run dry. On October 7, 2026, the United States Department of Homeland Security (DHS) announced a proposed rule that would require Student and Exchange Visitor Program (SEVP)-certified schools to pay a fee of $70,000 for each F-1 student recommended for initial OPT and $30,000 for any subsequent OPT approval. DHS states that the fees are intended to combat fraud, to strengthen the integrity of the immigration system, and to protect U.S. workers. The proposal is open for public comment, and affected employers may consider participating in the regulatory process.

The United States Immigration & Customs Enforcement (ICE) recently overhauled the Form I-9 Inspection Under the Immigration and Nationality Act § 274A Fact Sheet (“2026 Fact Sheet”). In doing so, the federal government significantly departed from many of its deeply-rooted historical practices and created new standards for substantive and technical violations, which collectively expose employers to greater liability for non-compliance.

In the rapidly evolving world of labor and employment law, the U.S. Department of Labor (DOL) has signaled a significant shift with respect to the framework for joint employer liability. Indeed, the DOL recently unveiled a new proposed rule with the hope of promoting “greater uniformity and consistency [with respect] to the Department’s enforcement actions by adopting a transparent nationwide analysis, which could have benefits for all interested parties.”

The United States Equal Employment Opportunity Commission (“EEOC”) recently rescinded its 2024 Enforcement Guidance on Harassment in the Workplace (“Guidance”), which included guidance related to gender identity discrimination and harassment against LGBTQ+ workers. This rescission, while expected, signals an ongoing shift in priorities at the federal level, which creates confusion and uncertainty and raises compliance issues for employers. Based on this change, employers should stay up-to-date on the evolving guidance and best practices for creating and maintaining a compliant and inclusive workplace.

The federal government has made considerable changes to H-1B Lottery by replacing the purely random selection model with a wage-weighted registration selection model. We are answering the most important questions that employers are asking themselves as a result of this significant shift.

The United States Equal Employment Opportunity Commission (“EEOC”) recently issued a Technical Assistance Document - Discrimination Against American Workers is Against the Law – and signaled its intention to focus on discrimination against American employees in the workplace. In light of the agency’s action, employers should know what their obligations under the law are and proactively should ensure that their policies, programs, and procedures comply with the law to avoid charges of discrimination.

United States Citizenship and Immigration Services (“USCIS”) has issued new policy guidance regarding its evaluation of applicants for naturalization, the process through which foreign nationals become U.S. citizens. In August, USCIS issued a new policy memorandum entitled “Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for Aliens Applying for Naturalization.”

Over the past several weeks, the White House has put the H-1B nonimmigrant visa program under the microscope and has launched a volley of attacks against the program. The current administration has sought to revise the program and to amend existing regulations, and the result has caused confusion and anxiety.

Employers and their foreign workers must ensure that there is not a tiger lurking in the garden with respect to the viability of their visas because of the significantly increased possibility of visa revocations, deportations, and scrutiny.

In the late afternoon on September 19, 2025, President Trump issued a Proclamation - Restriction on Entry of Certain Nonimmigrant Workers - that immediately, directly, and materially impacts employers and employees who use H-1B Visas. Here is what you need to know.

Now more than ever, employers must ensure that they are complying with federal immigration law, which requires verification of the identity and work authorization of employees and prohibits employers from hiring unauthorized workers in light of three significant shifts in federal policy.