Foreign journalists working in the United States, and the media organizations that employ them, should review the significant change in U.S. immigration rules that takes effect September 15, 2026.
For decades, most foreign journalists holding I visa status—the designation the U.S. government gives for media members’ visas—have been admitted to the United States for “duration of status,” or D/S.… Continue Reading
The Department of Homeland Security has finalized a sweeping regulatory change that eliminates the longstanding “duration of status” (D/S) framework for nonimmigrant visa holders in the F, J, and I classifications. The final rule, announced on July 16, 2026, replaces open-ended admission periods with fixed terms of stay, capped at a maximum of four years for students and exchange visitors.… Continue Reading
Recent news about U.S. Immigration and Customs Enforcement (ICE) in several parts of the United States, including major events in Minneapolis, have encouraged U.S. businesses and organizations to review their compliance and enforcement protocols. Attorneys in Ballard Spahr’s Immigration, Labor and Employment, and White Collar Defense and Investigation Groups have published guidance throughout the year regarding compliance.… Continue Reading
Minnesota’s Paid Leave Program (often referred to as Minnesota Paid Leave) officially took effect on January 1, 2026, creating a statewide paid family and medical leave benefit for most employees working in Minnesota. The law provides partial wage replacement and job protection for qualifying family and medical events.
Key features of the law include:
The Department of Homeland Security (DHS) has finalized the rule overhauling the H‑1B cap selection process, replacing the longstanding random lottery with a wage-based, weighted selection system. The final rule makes no changes to the regulatory text from the Notice of Proposed Rulemaking (NPRM) in September 2025. The rule is scheduled to take effect February 27, 2026, positioning it to govern the upcoming H-1B cap lottery in March 2026.… Continue Reading
Following acting chair Andrea Lucas’s earlier pledge to more aggressively enforce civil rights laws against employers who disadvantage U.S. workers, the U.S. Equal Employment Opportunity Commission (EEOC) has released a new Technical Assistance document cautioning companies that preferring H-1B visa holders may constitute unlawful national origin discrimination under Title VII of the Civil Rights Act.… Continue Reading
U.S. employers and employees with nonimmigrant visa status should be aware of significant disruptions in the scheduling of H-1B and H-4 visa interviews at U.S. embassies and consulates around the world, with the potential for broader disruptions. Many interviews scheduled on or after December 15, 2025, are being unilaterally rescheduled to several months later—some as late as June 2026—to allow for implementation of new Department of State security procedures, which require U.S.… Continue Reading
The U.S. Department of Labor (DOL) recently confirmed the establishment of a temporary Office of Immigration Policy, aimed at enhancing how DOL administers employment‑based immigration programs.
The new office comes amid growing employer reliance on legal immigration pathways to ensure a “timely, qualified, and stable workforce” through improved visa access as border and interior enforcement has intensified.… Continue Reading
On February 19, the EEOC, through its acting chair Andrea Lucas, pledged rigorous enforcement of civil rights laws against companies that show bias for foreign workers, including visa holders, over US citizens. The change comes amidst the Trump Administration’s wider focus away from protecting immigrants and other demographic groups that have been historically viewed as primary targets of discrimination.… Continue Reading
As part of a final rule published on July 25, 2023, and in connection with its newly published Form I-9 (which employees may use after August 1), certain employers will be able to permanently verify an employee’s employment eligibility remotely. This final rule continues the pandemic-related flexibility offered to employers to meet their Form I-9 verification requirements.… Continue Reading