UPDATE FROM AILA Proclamation Order Effecting H-1B Visa Holders LEGAL CHALLENGES & NEXT STEPS
On September 19, 2025, President Trump issued a proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers is effective date is 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year. UPDATE: On September 20, 2025, USCIS and CBP issued Memoranda
Read MoreEB-2 National Interest Waiver (NIW) – Requirements & Process
EB-2 National Interest Waiver (NIW) The EB-2 National Interest Waiver (NIW) is an employment-based immigrant visa category that allows foreign nationals to bypass the traditional job offer and labor certification requirements if their work is in the national interest of the United States. This pathway is especially powerful for professionals whose work delivers substantial national-level benefits in areas such as science, technology, healthcare, business, or public welfare. 1. Key Advantages
Read MoreThe H-1B electronic registration process for FY-2026
Starting with the Fiscal Year 2021 H-1B Lottery AILA practitioners have been using the USCIS electronic registration system for employers seeking to file H-1B cap-subject petitions. The sixth season of the H-1B electronic registration process opened at noon (ET) on March 7, 2025, with the “beneficiary-centric” selection process and the myUSCIS enterprise account system. The following practice pointer addresses the most frequently asked questions regarding the electronic H-1B registration process
Read MoreAre You Registered? 2025 Alien Registration Requirement
Understanding the 2025 Alien Registration Requirement: What It Means for Immigrants On January 20, 2025, President Donald Trump issued the Protecting the American People Against Invasion executive order, directing the Department of Homeland Security (DHS) to enforce compliance with the Alien Registration Requirement under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). This executive order mandates that all qualifying non-citizens register with the U.S. government, ensuring
Read MoreThey Will Steal Your Money and Your Personal Details
Toll road text message scams are a common form of phishing where scammers send fake messages claiming you owe toll fees. These scams often include a link to a fraudulent website designed to steal personal or payment information. Here’s how to recognize and avoid them: How the Scam Works You receive a text message claiming to be from a toll service (e.g., E-ZPass, TxTag, SunPass). The message states you owe
Read MoreImportant Things to Know When Entering the United States on a Non-Immigrant Visa
For non-immigrants entering the United States, it is important to understand the key factors that CBP (Customs and Border Protection) Officers consider when processing your entry. Understanding these factors is crucial for ensuring a smooth and lawful entry into the U.S: Understanding the Role of Your VISA and Passport CBP Officers rely on your VISA and passport to determine your entry status into the U.S. The officer will check your
Read MoreNew Sick leave policy affecting Michigan Employers
New Sick leave policy affecting Michigan Employers The new Earned Sick Time Act (ESTA) policy affecting Michigan Employers is slated to go into effect on February 21, 2025. The new ESTA policy affects all Michigan Employers with 10 or more employees. Some of the key provisions to be noted are as follows: Employees may accrue up to 72 hours of paid earned sick time per year. Unused sick time rolls
Read MoreRelief Options for Domestic Violence Victims
Relief Options for Domestic Violence Victims Survivors of domestic violence and other serious crimes may qualify for several forms of immigration relief in the United States, specifically designed to protect individuals who are non-immigrant visa holders so that they may be able to secure a work permit independent of their spouse. Relief under the Violence Against Women Act (VAWA) The Violence Against Women Act (“VAWA”) provides critical protections
Read MoreAddressing Erroneous SEVIS Terminations for F-1 and J-1 Visa Holders
We have recently observed a rising number of cases involving F1 and J1 non-immigrants who have encountered erroneous terminations of their SEVIS (Student and Exchange Visitor Information System) SEVIS is an online system used by the Department of Homeland Security (DHS) to maintain information about non-immigrant students and exchange visitors in the United States. The SEVIS record is crucial for maintaining your legal status, and any errors can have serious
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U Visas: Offering Visa Options for Victims of Crime
The U visa is an immigration benefit that can be sought by victims of certain crimes who are currently assisting or have previously assisted law enforcement in the investigation or prosecution of a crime, or who are likely to be helpful in the investigation or prosecution of criminal activity. The U visa provides eligible victims with non-immigrant status to temporarily remain in the United States (U.S.) while assisting law enforcement.
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New Regulations From DOL & FTC Effecting Non Compete Agreements
!!Attention Employers!! New regulations from DOL & FTC aimed at curtailing employment based non-competes and increase the base salary for over time exemption effecting employers throughout the US. This week is soon turning out to be crucial for all US Employers, with both the Department of Labor (DOL) and the Federal Trade Commission (FTC) issuing the Final Rules that could fundamentally alter employer-employee relationships. Very likely
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H1B Registrations FAQ’s
1. What is the purpose of the USCIS Final Rule regarding H-1B registrations? Answer: The purpose of the USCIS Final Rule is to implement a “beneficiary centric” selection process for H-1B registrations, address concerns about fraudulent use of the registration system, and enhance the integrity of the H-1B selection process. 2. How does the beneficiary-centric selection process differ from the previous system? Answer: Under the previous system, registrations were based
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USCIS to Introduce Online Filing for H-1B Petitions in FY 2025
USCIS to Introduce Online Filing for H-1B Petitions in FY 2025 In February, U.S. Citizenship and Immigration Services (USCIS) will launch online organizational accounts, allowing H-1B petitioners to file Form I-129, Petition for a Nonimmigrant Worker, for fiscal year 2025. Key details include: • Enhanced Features: Organizational accounts will feature improved design and case management tools for legal representatives and organizations with H-1B registrant accounts. • Filing Options: H-1B petitioners
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Top 10 take aways from the proposed H-1B Modernization
Federal immigration authorities recently published long-awaited revisions to the H-1B visa process intended to modernize the H-1B visa process and tighten the annual lottery system. The notice was published by U.S. Citizenship and Immigration Services, and the proposed rule will be available for public comment until December 22, 2023. We expect that the resulting regulations will be finalized and implemented in the coming months. 1. H-1B CAP Registration process: The
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US Supreme Court Justices Refuse Challenge To H-1B Spouses’ Work Permits (H-4 EADs)
The U.S. Supreme Court rejected a lawsuit from tech workers who said a policy from when Barack Obama was President, allowing some highly skilled foreign workers’ spouses to work, was not approved by Congress. This is good news for many H-4 spouses. This decision means that the previous ruling by a judge in Washington, D.C., stays in place. That judge said the workers’ concerns that they were losing jobs to
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