Recent Federal Actions Affect Immigration and Employers

Recent executive-branch and agency-level actions have immediate implications for employers and their workforces, particularly for nationals from the 19 countries already subject to travel restrictions. The administration maintains that all actions fall within executive-branch authority, with any legal challenges to be resolved in federal courts.

U.S. Citizenship and Immigration Services (USCIS) has issued a broad directive affecting hundreds of thousands of people and slowing adjudications across multiple benefits categories. The memo is unclear on whether all form types are included for nationals of the 19 restricted countries, though it can reasonably be interpreted that way.

Effective immediately, USCIS personnel have been directed to:

• Place a hold on all Form I-589 (asylum) applications, regardless of nationality, pending a comprehensive review.
• Pause all pending benefits requests for nationals of the 19 countries listed in Presidential Proclamation 10949, pending review.
• Conduct a re-review of approved benefits requests for nationals of Presidential Proclamation 10949 countries who entered the U.S. on or after Jan. 20, 2021.

At the time of writing, no new travel bans have been issued, though the administration has indicated it is actively considering additional restrictions, and companies should monitor developments closely. Meanwhile, litigation on the H-1B visa fee proclamation continues, with the U.S. Department of Justice submitting its response and cross-motion for summary judgment defending the administration’s position.

The U.S. Department of Labor is continuing to ramp up enforcement efforts for the H-1B visa program, particularly in the technology sector. Under Project Firewall, launched this fall, the agency is pursuing approximately 200 investigations targeting alleged violations.

Effective Dec. 15, the U.S. Department of State will expand online presence reviews to all H-1B applicants and their dependents (H-4), in addition to students and exchange visitors, who are already subject to this review. To facilitate vetting, all applicants for H-1B, H-4, F, M, and J visas are instructed to adjust their social media privacy settings to “public.”