On Dec. 29, 2025, the Federal Register published a final rule titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap‑Subject H-1B Petitions,” announcing a major transformation of how U.S. Citizenship and Immigration Services (USCIS) allocates H‑1B visas under the annual cap when random selection is required. Random selection is only implemented when USCIS receives more registrations (or petitions) than it projects to meet the numerical allocations. This final rule becomes effective on Feb. 27, 2026 and will be in effect for the upcoming fiscal year 2027 registration process.

Continue Reading New weighted selection process for Cap‑Subject H-1B Petitions

If you hold a U.S. visa, you might assume that once it is issued, you are in the clear. However, the Department of State can revoke a visa after issuance under a process called prudential visa revocation. This often surprises travelers, so here is what you need to know.

Continue Reading Prudential visa revocations and what you should know

On Dec. 16, 2025, President Trump signed a Proclamation expanding the June 4, 2025 travel restrictions to the United States. The Proclamation continues to fully ban the entry of nationals from the original 12 countries under the June 4, 2025 Proclamation and add seven additional countries to that list as well as individuals holding Palestinian-Authority-issued travel documents. Partial restrictions and entry limitations on 15 additional countries were also added in the December 2025 Proclamation. Nationals of Laos and Sierra Leone who had been subject to a partial entry ban are now fully banned under the Dec. 16, 2025 Proclamation and entry of nationals from Turkmenistan who plan to travel to the United States on B-1, B-2, B-1/B-2, F, M and J nonimmigrant visas are no longer banned. Nationals from designated countries who are planning to travel outside of the United States should carefully evaluate their situation and consult with an experienced immigration attorney to address travel-related concerns.

Continue Reading U.S. expands travel restrictions: What you need to know

The Federal Trade Commission’s decision in September 2025 to abandon its defense of the Non-Compete Rule—while simultaneously pursuing targeted enforcement actions against specific employers—raises fundamental questions about the boundaries of executive constitutional judgment and administrative law. This analysis examines whether the FTC’s approach represents a legitimate exercise of the executive branch’s authority to decline defense of unconstitutional regulations, or an impermissible attempt to circumvent the procedural requirements that Motor Vehicle Manufacturers Association v. State Farm imposes on agency policy reversals. The distinction matters: if agencies can effectively rescind regulations by declaring them constitutionally indefensible and abandoning their defense, it would create a concerning loophole in the Administrative Procedure Act’s requirement for reasoned decision-making and public participation in regulatory changes.

Continue Reading Regulation by capitulation: The tension between the FTC abandoning its defense of the Non-Compete Rule and the administrative law requirements for rescinding rules

On Oct. 20, 2025, the U.S. Citizenship and Immigration Services provided additional information regarding implementation of the Restriction on Entry of Certain Nonimmigrant Workers Proclamation. The Guidance addresses which H-1B petitions are subject to the Proclamation, how and when to pay the fee and information on requesting an exception to the fee.

Continue Reading What employers need to know about USCIS guidance implementing the $100,000 H-1B petition fee

On Sept. 19, 2025, President Donald J. Trump issued a Proclamation significantly restricting the entry of certain H-1B nonimmigrant workers. As details about the impact of the Proclamation will continue to emerge over the coming days, our current understanding is that it does not affect beneficiaries of approved petitions or those who are in possession of valid H-1B nonimmigrant visas. We understand that the ability of current H-1B visa holders to leave the United States and re-enter is not affected. According to current White House information, the entry restriction will first be applied to beneficiaries who are the recipients of H-1B cap numbers after the next lottery cycle in 2026. Our understanding of the Proclamation will continue to evolve as more detail is shared about its impact and intent, so we encourage you to regularly check back here for updates and clarifications.

Continue Reading New compliance obligations under H-1B proclamation effective Sept. 21

On July 1, 2025, Ohio became the 15th state to enact a “Mini-WARN” Act when Governor Mike DeWine signed Ohio House Bill 96, the biennial budget bill, into law. The new statute, codified at Ohio Revised Code § 4113.31, takes effect on Sept. 29, 2025, and introduces expanded notice obligations for employers facing plant closures or mass layoffs.

Continue Reading Ohio employers, be WARNed: New Mini-WARN Law takes effect soon

In stark contrast to many state movements reducing the effectiveness of non-compete agreements, Florida made the CHOICE to move in a different direction. As of July 1, 2025, Florida has enacted the Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth Act (the CHOICE Act) now codified at Sections 542.41-542.45, Florida Statutes. This law represents a major shift in how certain restrictive covenants in employment agreements—specifically non-compete and garden leave agreements—can be drafted and enforced against certain employees.

Continue Reading Florida’s choice to enforce non-compete agreements
nlrb-board-quorum

The National Labor Relations Board (NLRB), the entity responsible for deciding cases brought under the National Labor Relations Act and reviewing decisions by lower-level administrative law judges, has been without a quorum since the beginning of this year. The NLRB is a quasi-judicial body that can have up to five members but needs at least three to establish a quorum in order to issue new decisions and to overturn decisions and priorities established by the prior administration.   

Continue Reading The NLRB’s quorum likely to return