Samantha Wolfe

By Samantha Wolfe

The U.S. Department of State (State Department) has directed consular sections worldwide to suspend the scheduling of new interviews for international student and foreign exchange visitor visa applicants as it prepares to implement expanded screening of applicants’ social media activity. The directive, issued via internal cable and signed by Secretary of State Marco Rubio, applies to F, M, and J visa categories, which cover academic, vocational, and exchange programs. The suspension is effective immediately but does not impact applicants who already have interviews scheduled.

This action follows a broader effort by the Trump administration to intensify scrutiny of international students and the institutions that host them. The cable instructs posts that “in preparation for an expansion of required social media screening and vetting,” consular officers should not “add any additional student or exchange visitor visa appointment capacity” until further guidance is issued. Read more >>

Chris Thomas

By Chris Thomas

Employers should be aware that we anticipate a flood of Social Security Number (SSN) no-match letters in the coming weeks. In the world of I-9 compliance, companies are stuck between the proverbial rock and a hard place. On the one hand, if they fall short in their compliance efforts, they face potential scrutiny from the Department of Homeland Security/Homeland Security Investigations (DHS/HIS). On the other hand, if they go too far in their vetting efforts, they face the wrath of the Department of Justice/Immigrant & Employee Rights (DOJ/IER). A few years ago, DOJ/IER published FAQs on how employers should navigate an SSN no-match notification.  Some question whether DOJ/IER under the current administration would continue to enforce such rules, and yet, even if that’s true, nobody should question whether the private bar would be willing to take on such cases. Read more >>

Samantha Wolfe

By Samantha Wolfe

U.S. Citizenship and Immigration Services (USCIS), through its Fraud Detection and National Security Directorate (FDNS), regularly conducts unannounced site visits to employers who sponsor foreign workers. If your organization employs H-1B, L-1, or other nonimmigrant workers, it’s critical to be prepared.

What Is an Administrative Site Visit?

An Administrative Site Visit (ASV) is an on-site inspection designed to verify the facts in an immigration petition and ensure compliance with immigration rules. These visits often occur without advance notice and may take place at your headquarters, HR department, client sites, or even a remote work location listed in the petition or associated Labor Condition Application (LCA). Read more >>

Samantha Wolfe

By Samantha Wolfe

In April 2025, the Department of Homeland Security (DHS) began actively enforcing long-standing federal noncitizen registration laws that had been essentially inactive for years. Many noncitizens living in the United States may not realize they are now required to 1) register with DHS; and 2) carry proof of registration at all times. Failing to comply could result in serious consequences including fines, criminal charges/imprisonment, or even deportation.

To avoid the risk of losing members of their workforce, employers should inform any noncitizen employees about these requirements and consider providing access to legal help to ensure their employees are in compliance.

These Questions and Answers outline who must register, how to do it, and what’s at stake. Read more >>

By Samantha Wolfe

The United States faces a critical shortage of healthcare professionals, particularly in rural areas. Hospitals, nursing homes, and clinics struggle to find qualified workers, leading to increased patient wait times and limited access to essential care. One effective strategy to address this workforce gap is hiring foreign healthcare professionals through various immigration pathways. Below, we explore key visa options and strategies for recruiting and retaining international healthcare workers, including nurses, physicians, and allied health professionals.

Immigrant and Nonimmigrant Visa Options for Healthcare Workers

Healthcare employers seeking to recruit foreign professionals have two main visa pathways: nonimmigrant (temporary work visas) and immigrant (permanent residence/green cards) options. Nonimmigrant visas allow healthcare workers to fill temporary positions, often tied to employer sponsorship, with defined time limits and renewal options. In contrast, immigrant visas provide a path to permanent residency, enabling foreign healthcare professionals to establish long-term careers in the U.S. Understanding these visa options allows employers to navigate the immigration process strategically, addressing both immediate staffing shortages and long-term workforce stability. Read more >>

Ann Lee

By Ann Lee

Question: We are worried that there may be an increase in worksite enforcement investigations. What can we do in preparation?

Answer: There was a surge in worksite enforcement investigations in the fiscal year of 2018 by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), and they are expected to surge again. ICE uses the I-9 inspection program to promote compliance with the law, part of a comprehensive strategy to address and deter illegal employment. Beyond I-9 compliance, the Department of Labor may perform site visits to investigate wage and hour issues, unfair labor practices, and even examining H-1B sponsoring employers’ Public Access Files. Read more >>

Ann Lee

By Ann Lee

On December 17, 2024, the Department of Homeland Security (DHS) announced the final implementation of the long-anticipated H-1B modernization rule. This rule, titled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers”   will take effect on January 17, 2025.

Published in the Federal Register on December 18, 2024, this regulation builds upon earlier modernization efforts initiated in October 2023. The first phase of the H-1B overhaul, focusing on revising the H-1B lottery, “Improving the H-1B registration Selection Process and Program Integrity ”, was implemented on February 2, 2024. Read more >>

Samantha Wolfe

By Samantha Wolfe

The Department of Homeland Security (DHS) is finalizing a critical regulatory change to permanently increase the automatic extension period for Employment Authorization Documents (EADs) from 180 days to 540 days for certain eligible renewal applicants. Scheduled to be published in the Federal Register on December 13, 2024, this rule represents a significant shift in employment authorization policy aimed at mitigating the risks associated with USCIS processing delays.

This change builds on temporary rules issued in 2022 and 2024, which successfully alleviated employment disruptions for thousands of workers and their employers. Here’s what we know so far, based on the unpublished version of the rule. Read more >>

By Samantha Wolfe

Samantha Wolfe

The U.S. Department of State has announced a major update to the Exchange Visitor Skills List, effective December 9, 2024. This is the first significant revision in 15 years and removes the two-year home-residency requirement for J-1 visa holders from 34 countries, including China, India, South Korea, Saudi Arabia, and the UAE. These changes have profound implications for individuals, employers, and U.S. innovation.

What Is the Skills List?

The Exchange Visitor Skills List identifies countries and fields of expertise deemed essential for a country’s development. Nationals of these countries who hold J-1 visas have historically been required to return home for at least two years after completing their programs. The revised list eliminates this requirement for 34 nations, marking a significant policy shift toward talent retention in the U.S. Read more >>

Chris Thomas

By Chris Thomas

Our team recently engaged in discussions with both current and former officials at Homeland Security Investigations (HSI), the workplace enforcement arm of the U.S. Department of Homeland Security. In these discussions, beyond learning about the widely publicized plans to declare a state of emergency and to involve the military and national guard in worksite enforcement deportation and worksite enforcement activity, we gained insights into a few of the government’s lesser-known plans.  Read more >>