Chris Thomas

By Chris L. Thomas

ICE’s recent Fact Sheet signals a long-anticipated escalation in worksite enforcement that warrants immediate attention from employers. We have observed a consistent and concerning shift in enforcement patterns over the past several months with U.S. Immigration and Customs Enforcement (ICE) taking worksite enforcement to steps to increase legal exposure for employers.

Historically, after serving a Notice of Inspection (which initiates a formal I-9 audit), ICE would typically follow up with a Notice of Suspect Documents. That second notice provided employers with a defined period (usually 10 days, and often negotiable) to reverify affected employees and, where necessary, take appropriate employment action. More recently, however, ICE appears to be bypassing this step entirely. Instead of issuing a Notice of Suspect Documents, the agency is using information gathered during I-9 audits, including copies of employee documentation, to support criminal warrant applications and conduct enforcement actions, including workplace raids. We have seen this ongoing pattern in a number of recent cases. Read more >>

Ann Lee

by Ann Lee

The U.S. Department of Homeland Security (DHS) has issued a final rule, Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions, that significantly reshapes how H-1B cap-subject registrations are conducted from a random selection process to a weighted selection process that prioritizes higher-wage, higher-skilled H-1B beneficiaries while preserving access to the program across all wage levels. This rule is scheduled to take effect on February 27, 2026, in time for the FY 2027 H-1B registration season and represents one of the most consequential changes to the H-1B cap selection framework in recent years. Read more >>

Chris Thomas

By Chris Thomas

The U.S. Department of State (DOS) recently revised its visa reciprocity schedules for numerous countries, significantly reducing the duration of nonimmigrant visa validity to three months and a single entry in many cases. These changes affect a broad range of visa categories, including B (visitor), F (student), H (temporary worker), J (exchange visitor), M (vocational student), and O (extraordinary ability) visas.

The updated reciprocity terms apply to visas issued on or after early July 2025. Visas issued before these changes remain valid under their original terms. For example, a July 8, 2025, notice on the U.S. Embassy in Nigeria website confirms that visas issued prior to that date are not affected. Read more >>

Chris Thomas

By Chris Thomas

The Trump administration terminated the Cuba, Haiti, Nicaragua, Venezuela parole (CHNV parole) program on June 12, 2025. See our initial guidance here. According to the administration, notices have been sent to affected parolees advising:

• Their status has been terminated,
• Their employment authorization documents (EADs) have been revoked—“effective immediately,” and
• They are expected to leave the country (self-deport).

What This Means for Employers

The decision to immediately, and without warning, terminate the CHNV parole program that involves 530,000 participants, creates urgent compliance and workforce implications for employers.

Initially, the administration provided guidance only to affected parolees. Then, late on Friday, June 20, 2025, U.S. Citizenship & Immigration Services (USCIS) sent employers enrolled in E-Verify a notification (E-Verify Notification) outlining the option to access a “new report to help . . . identify if any of [their] E Verify cases was created with an EAD that has been revoked.”  USCIS added, “The report contains the document revocation date, case number, and A number for each affected case” (EAD Report). Read more >>

Chris Thomas

By Chris Thomas

Note: On June 24, 2025 an article was published that provided an update to this topic titled “CHNV Update: Revocations and USCIS Guidance Trigger Urgent Employer Action.”

The administration terminated the Cuba, Haiti, Nicaragua, Venezuela parole (CHNV parole) program yesterday (June 12, 2025). See: https://www.dhs.gov/news/2025/06/12/dhs-issues-notices-termination-chnv-parole-program-encourages-parolees-self-deport. According to the administration, notices have already been issued to affected parolees advising their status has been terminated, their employment authorization documents (EADs) revoked “effective immediately,” and that they are expected to self-deport.

What This Means for Employers

The decision to terminate the CHNV parole program immediately, without any notice, has surprised employers. Many employers anticipated that the administration would provide advance notice before terminating the program. Interestingly, only a day before the program’s termination, President Trump acknowledged the difficulty employers face in replacing workers in sectors impacted by recent immigration raids. With 530,000 individuals participating in this program, employers who have relied on CHNV parole workers will most certainly feel the hit.

At this point, the administration has provided guidance only to affected parolees. Although we have received some information that suggests the administration may develop guidance for employers, it remains unclear whether any such guidance will materialize, particularly given past inaction in similar situations. Read more >>

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 >>