In today’s landmark Trump v. Barbara decision, the U.S. Supreme Court held that children born in the United States are citizens at birth regardless of whether their parents are present in the country unlawfully or temporarily. The Court concluded that
Immigration Blog
Insight, News, and Strategy on Immigration Matters Around the World
The Immigration Blog published by Jackson Lewis P.C. focuses on legal developments and compliance issues related to immigration in the workplace. It covers topics such as employer obligations under immigration laws, visa and work authorization processes, government enforcement actions, and policy changes affecting immigrant workers. The blog addresses practical implications for employers, including responses to government notices, visa adjudication delays, and discrimination concerns related to national origin. It also discusses regulatory updates from agencies like USCIS, EEOC, and the Department of State, and provides guidance on managing risks associated with immigration benefits, employee documentation, and workplace investigations involving immigrant employees.
Latest from Immigration Blog - Page 3
Proposed DHS Rule Could Change How International Students Maintain F-1, J-1 Visa Status
Takeaways
- DHS rule cleared by the White House and would replace the long-standing “duration of status” (D/S) framework with fixed admission periods.
- Extension filings and increased government oversight may create additional administrative burdens and uncertainty for visa holders.
- The proposal
…
SCOTUS Lifts TPS Termination Injunctions for Haiti, Syria; Employers Await DHS Guidance
Takeaways
- The U.S. Supreme Court reversed preliminary injunctions preventing DHS from implementing the termination of Temporary Protected Status (TPS) for Haiti and Syria.
- The Court held that the TPS statute bars judicial review of most nonconstitutional challenges to TPS designation
…
Federal Court Vacates $100,000 H-1B Fee
Takeaways
- A federal district court has struck down the $100,000 fee the Trump Administration imposed on certain H-1B petitions.
- The court ruling could allow affected beneficiaries of approved H-1B petitions obtain visas and travel to the U.S. without having to
…
Federal Court Vacates USCIS Adjudication Pause Affecting Nationals of 39 Countries
Takeaways
- A federal district court has vacated USCIS policies that paused adjudication of immigration benefit requests filed by nationals of 39 countries.
- The court ruling could allow affected adjustment of status, employment authorization, naturalization, and certain asylum-related applications to proceed.
…
Adjustment of Status Under Scrutiny: USCIS Moves Toward Stricter Discretionary Review
Takeaways
- A new USCIS policy memorandum emphasizes that adjustment of status is a discretionary benefit and that consular processing abroad is the “ordinary” pathway to permanent residence.
- The memo does not eliminate employment-based adjustment of status or create a formal
…
ICE Reclassifies Certain Form I‑9 Errors: Updated Audit Considerations for Employers
Immigration and Customs Enforcement (ICE) has updated its Form I‑9 Inspection guidance, changing how the agency classifies certain Form I‑9 errors during employer audits.
Although the underlying Form I‑9 requirements remain the same, several errors that were considered “technical…
Hikes in Prevailing Wage Levels for H-1B and PERM Cases? DOL Proposal Explained
The Department of Labor (DOL) has published a notice of proposed rulemaking (NPRM) to revise how prevailing wage levels are calculated for the H-1B, H-1B1, E-3, and PERM employment based non-immigrant and immigrant visa programs.
The March 27, 2026, proposal…
Burma, Ethiopia, and Somalia TPS Update: Additional Agency Guidance for I-9 and E-Verify Compliance
USCIS and E-Verify have updated their previous coordinated employer guidance with respect to handling I-9 and E-Verify compliance for current TPS beneficiaries from Burma, Ethiopia, and Somalia.
Below are updated instructions.
Form I-9
Complete Section 1 and…
State Department Expands ‘Online Presence Review’ for Additional Nonimmigrant Visas Effective March 30
The Department of State has announced an expansion of its 2025 visa screening and vetting process for certain nonimmigrant visas to other classifications. The new policy is scheduled to go into effect March 30, 2026.
Consular officers will be broadening…