Immigration

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

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

Since March 2020, the federal Department of Homeland Security (DHS) has permitted employers the flexibility to engage in remote review of certain new employees’ proof of their identity and authorization to work in the United States. At the end of July 2023, those flexibility rules will sunset – although businesses will have until the end of August to fully comply. … Continue Reading