The Department of Homeland Security’s new wage-weighted H-1B cap selection rule and the presidential proclamation imposing a $100,000 H-1B fee require a structural shift in how U.S. employers must approach global talent acquisition.
While the three civil suits challenging the $100,000 rule play out in the federal courts, and anticipated litigation seeking to overturn the
[Blogger’s note: The H-1B Notice of Proposed Rulemaking (NPRM)(” Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions”) closed for comments October 27, 2025. More than 9,000 have been submitted with additional comments possible on the lottery registration form until November 24, 2025. On varying and at times overlapping or contrary
From time to time, I’m lucky to be invited to wax philosophical and legal on a wide range of U.S. immigration topics dear to my heart.
I had that good fortune twice recently.
One involved an extended conversation of about 40 minutes with Theresa Cardinal Brown, Senior Advisor on Immigration/Border Security at the Bipartisan
On October 23, 2023, U.S. Citizenship and Immigration Services (USCIS), the component within the Department of Homeland Security (DHS) charged with the adjudication of applications for immigration benefits and naturalization, proposed in a 94-page, single-spaced, three-column document to “modernize” the H-1B nonimmigrant visa category for noncitizen workers in specialty occupations. The comment period for this
The U.S. Department of Labor (DOL) and Department of Homeland Security (DHS) last week affirmed the truth of the Upton Sinclair maxim on just how hard it is get someone “to understand something, when his [or her] salary depends on . . . not understanding it.”
In this case, federal immigration bureaucrats have had three
We’ve seen this movie before.
Scene 1: The President issues a proclamation in reliance on his authority to restrict the entry of certain noncitizens under Immigration and Nationality Act (INA) § 212(f) so long as he asserts that allowing them in would be “detrimental to the interests of the United States.”
Scene 2:
In the wake of recent losses in the federal courts, U.S. Citizenship and Immigration Services (USCIS) — on June 17, 2020 — issued a memorandum that rescinds two agency policies which, for more than ten years, had forced employers of H-1B (Specialty Occupation) workers stationed at customer worksites to submit voluminous and burdensome evidence. Thankfully,
[Author’s Note: This article was originally published on May 8, 2020 by the Bureau of National Affairs, Inc., on Bloomberg Law, and is accessible here. It is reproduced with permission from The Bureau of National Affairs, Inc. (800-372-1033) www.bloombergindustry.com. Copyright 2020] 
Covid-19’s impact is ongoing and Americans are eager to return to
President Trump’s October 9, 2019 overtures landed as music to the ears of many grizzled immigration lawyers who persistently suffer battle fatigue from the culture of virtually never. On that day the President released a double album, each with artfully penned liner notes:
Much digital ink has already been spilled reporting on the phantom tide of undocumented migrants supposedly breaching our Southern border. This article will address a different, but very-real immigration flood, and suggest ways U.S. employers, noncitizens, and their lawyers ought be emboldened to add to the deluge.
Ironically, it is about a dry subject –