Corporate Immigration Law News

• 17Dec

  Client Alert: Consular Posts Rescheduling H-1B Appointments Following Implementation of Online Presence Review

  H-1B Visa News Comments Off on Client Alert: Consular Posts Rescheduling H-1B Appointments Following Implementation of Online Presence Review

  Beginning December 8, 2025, some applicants with H-1B and H-4 visa appointments began receiving notices that their consular interviews scheduled on or after December 15, 2025, were being unilaterally rescheduled, many to March 2026. Some appointments have been rescheduled to June 2026. Consular posts attribute these changes to the Department of State’s implementation of the new online presence review requirement for H-1B applicants and their dependents to reduce the daily interview capacity needed to carry out this expanded vetting.

  Multiple posts, including Hyderabad and Chennai, have issued notices informing applicants that their original appointment dates cannot be honored due to operational constraints. Applicants are being instructed not to appear on their original date and to attend on the newly issued appointment date instead. While many of the rescheduled appointments are at Mission India posts, AILA has received reports of posts rescheduling appointments in Ireland and Vietnam.

  Key Points

  • Mass Rescheduling of H-1B and H-4 Appointments: Interviews scheduled on or after December 15, 2025, are being reassigned to dates several months later, with many new appointments falling in March 2026, and some as late as June 2026.
  • Reason for Rescheduling: Posts cite the Department’s implementation of online presence review for all H-1B applicants and dependents and the need to reduce the number of applicants processed each day while this vetting is conducted.
  • Applicants Instructed Not to Appear on Original Dates: Notices state that applicants will not be seen on their initial appointment date and should appear only on the newly assigned date.
  • Biometrics Appointments Unchanged: Applicants are advised that their Visa Application Centre (VAC) biometrics appointments remain valid and unaffected.
  • Limited Rescheduling: Applicants who cannot attend on the new date may reschedule online, but are limited to one opportunity to reschedule. Fee receipts older than one year are considered expired and cannot be used to reschedule.

  Guidance for Clients

  • Address the Risk of Extended Travel Disruption: Applicants who travel abroad for visa stamping may be unable to return to the United States for several months if their appointment is rescheduled. Clients with expired visas or those seeking initial issuance should avoid non-essential travel.
  • Monitor Appointment Portals: Applicants should log in to their visa appointment profiles to retrieve updated appointment letters and check for message-center notifications.
  • Rescheduling Constraints: Applicants should understand that they may reschedule only once and only if their fee receipt remains valid. Fee receipts should remain valid for one (1) year. Missing or canceling the rescheduled appointment may result in forfeiture of the fee.
  • Reduced Consular Capacity: Consular posts are temporarily lowering daily interview numbers to accommodate online presence review, which may contribute to further shifts in appointment availability.
  • Employer Communication: Affected employees facing delayed visa issuance should promptly notify employers to plan for remote work arrangements, project delays, or other contingencies.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 05Dec

  Client Alert: Guidance on New U.S. Department of State Screening Policy for H-1B and H-4 Visa Applicants

  Department of State Comments Off on Client Alert: Guidance on New U.S. Department of State Screening Policy for H-1B and H-4 Visa Applicants

  The U.S. Department of State (DOS) has announced a significant change to its visa-vetting procedures that will affect all individuals applying for H-1B visas and their H-4 dependents. Beginning December 15, consular officers will conduct an online presence review – commonly referred to as social-media screening – for all H-1B/H-4 applicants. This requirement previously applied only to applicants in the F, M, and J categories.

  Read a summary of the policy and recommended steps applicants should take before attending a visa interview here.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 05Nov

  Client Alert: U.S. Department of Labor (USDOL) Has Resumed Processing of Prevailing Wage Determinations (PWD), Labor Certification Determinations (PERM), and Labor Condition Applications (LCAs)

  DOL News Comments Off on Client Alert: U.S. Department of Labor (USDOL) Has Resumed Processing of Prevailing Wage Determinations (PWD), Labor Certification Determinations (PERM), and Labor Condition Applications (LCAs)

  On October 31, 2025, the U.S. Department of Labor (USDOL) announced that the Office of Foreign Labor Certification (OFLC) has resumed processing of Prevailing Wage Determinations (PWD), Labor Certification Applications (PERM), and Labor Condition Applications (LCAs) through its FLAG system, following a complete suspension of such processing due to the government shutdown, which has directly impacted certain employment-based immigration processes.

  Key Highlights:

  • USDOL has restarted adjudication of PWD requests, enabling employers to proceed with early, wage-setting steps required for PERM recruitment and filing.
  • PERM processing has resumed, allowing pending applications to advance and new filings to be submitted under standard procedures.
  • LCA processing has restarted, restoring the pathway for H-1B, H-1B1, and E-3 filings that depend on certified LCAs in order to prepare and file these petitions.

  Impact on Employers and Foreign Nationals:

  • Employers with time-sensitive hiring plans may now re-sequence recruiting, filing, and onboarding timelines that were previously on hold.
  • Foreign nationals awaiting case advancement should expect delays due to agencies working through backlogs, and USCIS filings tied to certified LCAs and PERM approvals can be re-initiated as certifications are issued.

  Next Steps:

  • Recalibrate case timelines: Coordinate with immigration counsel to update filing calendars for PWD, PERM, and H-1B/H-1B1/E-3 matters and to identify cases that can immediately progress.
  • Prioritize critical roles: Work with immigration counsel to prioritize filings for positions with expiring statuses or business-critical start dates.
  • Refresh recruitment plans: For PERM cases awaiting PWDs, work with immigration counsel to prepare recruitment materials and internal processes to launch promptly upon receipt of wage determinations.
  • Validate data and attestations: Confirm job details, worksites, and wage levels with immigration counsel to ensure accuracy before submission, particularly for LCAs with multiple worksites or remote arrangements.
  • Monitor processing trends: We will continue to track USDOL case movement and any updated guidance that could affect prevailing wage calculations, audit selection, or filing logistics and strategies.

  We will continue to monitor regulatory developments and legal challenges and will provide you with further updates as more information becomes available.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 29Oct

  Client Alert: DHS Ends Automatic 540 Day EAD Extensions for Most EAD Categories

  Adjustment of Status Comments Off on Client Alert: DHS Ends Automatic 540 Day EAD Extensions for Most EAD Categories

  Today, the Department of Homeland Security (DHS) issued an interim final rule, to be published tomorrow, October 30, eliminating the practice of automatically extending Employment Authorization Documents (EADs) for most foreign nationals who file timely renewal applications.  Invoking the “good cause” exception of the APA under 5 USC 553(b)(B)-(d)(3), DHS has issued this interim final rule without prior notice or public procedure.

  Key Highlights:

  • Effective October 30, 2025, foreign nationals applying for EAD renewals will no longer receive an automatic extension of their work authorization while the renewal application is pending.
  • This rule applies to EAD renewals filed by eligible H4 spouses (C26); Applicants for Adjustment of Status (C09); Applicants for Temporary Protected Status (A12 and C19); and others
  • DHS has stated that this change is intended to allow for more frequent screening and review of foreign nationals’ eligibility and background information before work authorization is extended.

  Impact on Employers and Employees:

  This rule significantly increases the risk of gaps in employment authorization for individuals in all categories previously covered by automatic extensions.

  Employers should expect:

  • Increased I-9 compliance risks, as employees who previously relied on automatic extensions may temporarily lose work authorization if renewal adjudications are delayed in adjudication.
  • The potential need for workforce planning adjustments to manage interruptions in employment eligibility for affected employees.

  Recommended Employer Action Steps:

  1. Identify affected employees: Review your workforce to determine which employees currently rely on automatic EAD extensions.
  2. Encourage early renewals: USCIS advises filing EAD renewal applications up to 180 days prior to expiration to mitigate lapses in work authorization.
  3. Update HR protocols: Ensure that internal tracking systems and Form I-9 reverification processes account for the new rule and possible lack of  continuity of employment authorization.
  4. Communicate proactively: Inform affected employees of the change well in advance to allow sufficient time to file for renewals and processing.
  5. Monitor further guidance: DHS may issue additional implementation details or exceptions through forthcoming Federal Register notices.

  Next Steps:

  The interim final rule applies only to EAD renewals filed on or after October 30, 2025.
  EADs that received automatic extensions before that date will remain valid under the prior policy until their stated expiration.

  What this interim final rule presupposes is that U.S. Citizenship and Immigration Services (USCIS) will be able to adjudicate EAD renewal applications within the 180-day filing window—a pace that, based on current processing backlogs, is unlikely.  Given the tectonic operational and economic fallout expected from this change, and the fact that DHS bypassed the normal administrative rulemaking process by invoking the “good cause” exception under the Administrative Procedure Act (5 U.S.C. § 553(b)(B), (d)(3)), litigation is anticipated.

  In the interim, it is strongly recommended that employers conduct an immediate audit of employees who rely on EADs and ensure that renewal applications are filed as close to 180 days prior to expiration as possible. Early filing will maximize the likelihood of renewal adjudication before current work authorization lapses and may help avoid unnecessary terminations resulting from this unfortunate policy shift.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 23Oct

  Client Alert: Updated Guidance on Presidential Proclamation That Imposes $100,000 Payment on Certain H-1B Petitions

  H-1B Visa News Comments Off on Client Alert: Updated Guidance on Presidential Proclamation That Imposes $100,000 Payment on Certain H-1B Petitions

  Overview

  On October 20, 2025 USCIS issued updated guidance regarding the September 19, 2025 Presidential Proclamation entitled “Restriction on Entry of Certain Nonimmigrant Workers”, which imposes an additional $100,000 payment on certain H-1B petitions as a condition of eligibility.

  Below is a summary of the additional guidance:

  Who Is Subject to the $100,000 Payment

  The Proclamation applies to new H-1B petitions filed on or after September 21, 2025 in the following situations:

  • Beneficiaries outside the United States who do not hold a valid H-1B visa.
  • Petitions requesting consular notification, port-of-entry notification, or pre-flight inspection for beneficiaries, even if they are in the United States at filing.
  • Petitions where a change of status, amendment, or extension of stay is denied because USCIS determines the beneficiary is ineligible for such relief (e.g., not in valid status, or departs the U.S. before adjudication).

  The Proclamation does not apply to:

  • H-1B visas or petitions filed before September 21, 2025.
  • Current H-1B visa holders traveling abroad and reentering on existing visas.
  • Amendment, change of status, or extension petitions for foreign national inside the U.S. if granted.
  • Of Important Note: While not explicitly stated, a fair reading of the guidance would indicate that the additional payment would not apply to petitions (if granted) filed with respect to H-1B transfers requesting an extension of stay from inside the U.S. or any prospective H-1B cap cases filed for a foreign national requesting a change of status from within the U.S. Further, a foreign national beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition.

  How and When to Pay

  • The $100,000 payment must be made before filing the H-1B petition.
  • Proof of payment via pay.gov or evidence of an approved exception must be included with the petition.
  • Petitions without proof of payment or an approved exception will be denied.

  Exception Process

  The Secretary of Homeland Security may grant exceptions only in extraordinarily rare circumstances, where all the following are established:

  1. The worker’s presence in H-1B status is in the national interest;
  2. No American worker is available for the position;
  3. The worker poses no threat to U.S. security or welfare; and
  4. Requiring the payment would significantly undermine U.S. interests.

  Requests for exceptions, with supporting evidence, must be sent to: H1BExceptions@hq.dhs.gov

  Key Takeaways

  • The Proclamation primarily affects new overseas hires and consular cases.
  • Current H-1B employees and pending extensions or amendments within the U.S. are generally not affected.
  • It appears clear that H-1B transfer petitions requesting an extension of stay and prospective H-1B cap subject petitions requesting a change of status are not subject to the additional payment.

  We will continue to monitor regulatory developments and legal challenges and will provide you with further updates as more information becomes available.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 26Sep

  Client Alert: U.S. Department of Homeland Security Proposes New Weighted H-1B Cap Selection Process Favoring Higher Wage Levels #CorporateImmigration

  H-1B Visa News Comments Off on Client Alert: U.S. Department of Homeland Security Proposes New Weighted H-1B Cap Selection Process Favoring Higher Wage Levels #CorporateImmigration

  On September 24, 2025, the Department of Homeland Security (DHS) published a proposed rule that would significantly alter the annual cap-subject H-1B lottery selection process, replacing the current randomized lottery with a wage-based weighted system. This change would give priority to higher-paid workers in the annual allocation of H-1B visas under the cap.

  If the proposed rule becomes a final rule, it would prioritize the selection of H-1B cap-subject registrations based on the wage level offered to the prospective H-1B candidate, assigning more weight to those offered higher wage levels as defined by the Department of Labor’s (DOL) Occupational Employment and Wage Statistics (OEWS). Under the proposed rule, beneficiaries offered a position at the highest wage level (Level 4) would receive four entries in the lottery pool, whereas those offered a position at a normal entry-level wage (Level 1) would receive only one.

  Clearly, the proposed rule would unfairly advantage the “hyperscaler” technology companies at the epicenter of the AI boom (e.g.; Amazon, Tesla, Google, Microsoft) who can offer higher level wages to their H-1B candidates, while distinctly disadvantaging early-career professionals, recent graduates, and employers in other industries. Moreover, the proposed rule relies on DOL wage levels as a proxy for skill, which may not accurately reflect the qualifications of foreign workers or the complexity of the proffered position. Additionally, the proposed rule would impose new obligations on petitioning employers during the H-1B registration process which do not exist under the current lottery system. For example, sponsoring employers would be required to certify the occupational code, wage level, and work location for each H-1B cap registration. In cases where a single beneficiary has multiple registrations from separate petitioning entities, the lowest wage level among all registrations would be used to determine the candidate’s selection weighting thus, introducing variables in the process which are outside of any one petitioning employer’s control.

  For key details of the proposed H-1B Cap Selection change click here.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

   

• 23Sep

  Client Alert: Updated Guidance on the H-1B Proclamation and Recent Developments

  H-1B Visa News Comments Off on Client Alert: Updated Guidance on the H-1B Proclamation and Recent Developments

  As you are aware, on September 19, 2025, the President signed a Proclamation requiring a $100,000 fee to accompany any new H-1B visa petition.

  Since the Proclamation’s release, federal agencies including U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and the U.S. Department of State (DOS) have issued memoranda and guidance.

  Below are the key updates based on guidance that was released after the initial Proclamation:

  Filing Fee for NEW Petitions:

  A $100,000 fee must accompany any new H-1B visa petition filed after 12:01 a.m. EDT on September 21, 2025. This includes submissions for the 2027 H-1B lottery and all other new filings thereafter.

  Agency Memoranda and Guidance Appears to Limit the Applicability of the Proclamation as follows:

  • The Proclamation, including the $100,000 fee, does not apply to H-1B petitions submitted before 12:01 a.m. EDT on September 21, 2025, whether pending or approved.
  • The Proclamation, including the $100,000 fee, does not apply to applications for H-1B visa issuance at U.S. Consulates, provided the H-1B petition was filed prior to 12:01 a.m. EDT on September 21, 2025.
  • While there is no official guidance, based on anecdotal evidence, it appears that the Proclamation, including the $100,000 fee, does not apply to H-1B extensions filed on behalf of beneficiaries who are in the United States.

   Implementation Challenges & Potential Risks

  • While agencies have issued such initial guidance, the guidance has been confusing, contradictory and incomplete.
  • Without more coherent and comprehensive guidance, our advice remains that H-1B beneficiaries should avoid international travel wherever possible, as we believe the inconsistency in agency guidance is likely to result in delays and confusion at Ports of Entry (for admission to the U.S.) and U.S. Consular Posts (for issuance of H-1B visas).
  • Additional agency guidance and instructions are expected in the coming days and we will continue to provide updates as they become available, including guidance as to whether the $100,000 fee applies to H-1B extensions, amendments or changes of employer filed on behalf of beneficiaries who are in the United States.

  NEW DOL INITIATIVE – “Project Firewall” – New H-1B Enforcement Initiative

  Separate from the Proclamation, the Department of Labor has initiated Project Firewall, targeting H-1B compliance.

  Key takeaways include:

  • Direct Oversight by DOL: The Secretary of Labor will certify all investigations into suspected violations.
  • Penalties: Employers found noncompliant may face back wage payments, civil penalties, or disqualification from the H-1B program.
  • Interagency Coordination: DOL will collaborate with DOJ, EEOC, and USCIS to ensure enforcement and eliminate discrimination.

  Employers should immediately review internal H-1B procedures to ensure full compliance with wage and worksite obligations, including Public Access File recordkeeping as required under federal law.

  Additional regulatory changes are expected, including:

  • • DOL rulemaking to raise prevailing wage levels and restrict program abuse.
    • DHS proposals to prioritize H-1B lottery selection for high-skilled, high-wage applicants over lower-wage tiers

  Conclusion

  The Proclamation, along with the DOL’s increased enforcement effort, marks a significant shift in how the federal government is approaching the H-1B visa program. Employers are encouraged to act now to ensure their compliance practices, communicate on-going updates to their foreign national employees, and prepare for additional policy changes in the months ahead.

  We will continue monitoring the situation and provide updates as information becomes available.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 21Sep

  Client Alert: Travel Ban on H-1B Non-Immigrants Takes Effect on September 21, 2025

  H-1B Visa News Comments Off on Client Alert: Travel Ban on H-1B Non-Immigrants Takes Effect on September 21, 2025

  As you may be aware, last night the Trump Administration issued a Proclamation that will impact H-1B workers starting this Sunday, September 21 at 12:01AM.

  While we do not yet have much information about how this will be implemented, here are some tips on how to deal with the fallout of the proclamation in the meantime;

  • H-1B-sponsored employees who are currently outside of the United States should make all efforts possible to return to the U.S. today, before the effective date of the proclamation [12:01 a.m. EDT Sunday, September 21, 2025].
  • Travel outside of the U.S. for visa processing/renewals will be impacted so H-1B workers should refrain from all international travel until the implementation of the proclamation is further clarified.

  We are awaiting further guidance as to whether the $100,000 fee will apply to those who already have an H-1B approval or who have an H-1B petition pending. According to unofficial additional guidance, the $100,000 additional fee would only apply to new H-1B filings under next year’s H-1B cap registration lottery. There may be exemptions for H-1B workers whose work is in the national interest but this is not clearly defined.

  It is important to note that Congress, not the executive branch, has the power to set visa fees. By imposing an additional $100,000 visa fee, the Proclamation bypasses Congress’ exclusive authority to regulate immigration fees.

  For that reason, legal challenges are already being prepared but it is impossible to predict what the Courts will do.

  In short, there is good reason to expect strong legal opposition to the Proclamation and possible court orders including injunctions limiting or halting enforcement.

  We will continue to provide you with additional guidance and updates as we receive more information.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 10Sep

  Client Alert: New Department of State Policy Update Requires Adjudication of Nonimmigrant Visa Applications in Applicant’s Country of Nationality or Residence

  Department of State Comments Off on Client Alert: New Department of State Policy Update Requires Adjudication of Nonimmigrant Visa Applications in Applicant’s Country of Nationality or Residence

  Effective September 6, 2025, the U.S. Department of State released a new policy regarding the adjudication of nonimmigrant visa applications for third country nationals (TCNs). TCNs are individuals who apply for a U.S. visa in a country that is neither their country of nationality nor their country of legal permanent residence. See full details here.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 01Aug

  HR/Client Alert: State Department Eliminating Most Interview Waiver (Dropbox) Appointments, Effective September 2, 2025

  Consular Processing Updates Comments Off on HR/Client Alert: State Department Eliminating Most Interview Waiver (Dropbox) Appointments, Effective September 2, 2025

  1.  Overview of Policy Change
  Effective September 2, 2025, the U.S. Department of State (DOS) will significantly narrow the categories of nonimmigrant visa applicants who will be eligible for the visa interview waiver program (more commonly referred to as “Dropbox”).

  Going forward, nearly all temporary, nonimmigrant visa applicants (H-1B, L-1, TN-2, F-1, E-3, J-1, E-2, O-1) — including children under the age of 14 and adults over the age of 79 — will be required to attend in‑person visa stamping interviews at a U.S. Consulate, with few exceptions.

  2. Who May Still Qualify for an Interview Waiver
  Only the following applicant types may potentially waive the in-person consular interview:

  Diplomatic and official visas, including classifications A‑1, A‑2, C‑3 (excluding personal employees/servants), G‑1 through G‑4, NATO‑1 through NATO‑6, and TECRO E‑1.

  Certain short‑term visitor visa renewals, specifically applicants for full‑validity B‑1, B‑2, or combined B‑1/B‑2 visas, or Border Crossing Card/Foil renewals (for Mexican nationals) within 12 months of prior visa expiration or while still valid, but only if the applicant was aged 18 or older at the time of issuance of the prior visa, applied for in the foreign national’s country of nationality or legal residence, with no prior visa refusals (unless formally overcome/waived) and no apparent or potential ineligibility.

  3. Significant Changes Compared to Prior Policy
  This announcement supersedes the February 18, 2025 interview waiver guidance, further restricting interview waiver eligibility beyond previous restrictions from 48‑month to a 12‑month renewal window.

  4. Implications for Sponsored Employees
  If your employee already has a Dropbox appointment scheduled for after September 1, 2025, we strongly recommend he/she contacts the consular post immediately to reschedule or convert the Dropbox appointment to an in-person appointment. That your employee has a Dropbox appointment scheduled is in no way binding on DOS – those appointments, if not converted, will be cancelled and, thus, should not be relied upon.

  Your sponsored employees should also anticipate that demand for in-person visa appointments will rise sharply, particularly in work and student visa categories and, thus, interview wait times are projected to lengthen substantially.

  Those without appointments but who are planning international travel for visa renewals in the near-term: should plan now for in-person stamping procedures abroad. To avoid delays or disruptions to travel plans, employees should expedite the scheduling process and prepare for in-person interview scheduling, including gathering the appropriate documentation and making sure to secure an in-person appointment before finalizing any travel plans.

  5. Recommended Action Steps
  Sponsored employees should review and familiarize themselves with the steps for securing an in-person visa interview processing at their respective consular post.

  Encourage your employees to initiate DS‑160 submissions, pay MRV fees, and schedule interviews well in advance of planned travel. As noted above, the conversion of existing Dropbox appointments into in-person interviews, will cause significantly higher competition for available appointment slots and longer lead times to secure a visa interview.

  Encourage your sponsored employees to monitor Embassy/US Consulate websites for updates on appointment availability and local procedures. If international travel is not necessary, conservatively, it may be sound advice to hold off on travel plans until the cycle of Dropbox cancellations works its way through the system.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

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