Compliance Stuff

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace. Senate Passes Partial DHS Funding Legislation; House Rejects It; DHS Shutdown Continues   After a shutdown lasting over a month (41 days) at the Department of Homeland Security (DHS) and ensuing failed negotiations in the Senate to reach consensus on legislation to fund the Department over demands for reforms to immigration enforcement, the Senate finally voted early this morning to pass a bill to partially fund the DHS. The deal funds most of DHS except for Immigration and Customs Enforcement and Customs and Border Patrol. The legislation shifted over to the House for consideration where it was rejected this afternoon by House conservatives who want full-year ICE and CBP funding, plus voter-ID requirements added to the bill. Moments later, amid mounting TSA pressures and long...

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters. Federal Government Shutdown Continues The federal government shutdown continues with no end in sight. Both Republicans and Democrats are dug in their positions, i.e., Senate Republicans continue efforts to advance the House-passed clean continuing resolution (a stopgap measure allowing additional time to clear individual spending bills) that would reopen and fund the government through November 21, and Democrats want to negotiate the inclusion of the expiring Affordable Care Act healthcare subsidies as part of a deal to reopen the government. Neither side is gaining traction. The House remains out of session. Senate Republicans met with President Trump at the White House for lunch on Tuesday as a show of unity. On Wednesday, the Senate voted down the continuing resolution for the 12th time, with a final vote of 54-46, falling shor...

In a major policy shift and subject to court approval, the federal government has indicated in a court filing that it plans to resume processing of initial applications under the Deferred Action for Childhood Arrivals (DACA) program for the first time since 2021. This follows a January 2025 federal appeals court ruling that narrowed an existing nationwide injunction to only apply in Texas. The government has indicated it would process initial DACA applications filed before and after the injunction for applicants who do not reside in Texas. However, Texas residents would face a limited version of the program, receiving deportation protection (deferred action) only and no work authorization. Quick Hits If approved, DHS plans to resume processing initial DACA applications blocked since 2021. Texas applicants would receive deportation protection only—no work permits or lawful presence. Established in 2012, the Deferred Action for Childhood Arrivals (DACA) program provides temporary employm...

On September 20, 2025, U.S. Citizenship and Immigration Services (USCIS) issued an  official memorandum  providing guidance on the Presidential Proclamation, “ Restriction on Entry of Certain Nonimmigrant Workers ,” published on September 19, 2025. USCIS indicates that the $100,000 payment applies to petitions filed after September 20, 2025, and there are no travel restrictions for current H-1B visa holders arising from this proclamation at this time. In addition, U.S. Customs and Border Protection (CBP) issued  guidance  clarifying that the Presidential Proclamation does not restrict the entry of current H-1B visa holders. Thus, the proclamation should not impact the ability of individuals who currently hold H-1Bs to reenter the United States as normal. Quick Hits On September 20, 2025, USCIS issued guidance on the new Presidential Proclamation requiring a $100,000 payment for new H-1B visa petitions filed after September 20 , 2025, while clarifying that current H-1...

The Trump administration is one step closer to unveiling a major change in how H-1B visas are allocated. On August 8, the White House’s Office of Information and Regulatory Affairs (OIRA) signed off on a proposed rule that could significantly reshape the selection process for specialty occupation workers. While the U.S. Citizenship and Immigration Services (USCIS) has not released details yet, it is expected that the proposal will revive an original Trump 1.0 era idea: replacing the current random lottery with a system that favors higher-wage offers. Under that earlier plan, applications would have been ranked by salary level, with the highest wage tiers getting priority until the annual cap of 85,000 visas is met. The Trump administration framed the wage-based approach as a way to attract and retain highly skilled talent. Critics, including many businesses and immigration advocates, warned that it would shrink the pool of eligible candidates, disproportionately affecting smaller em...

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual, clarifying—and in some cases, narrowing—the eligibility criteria for the  TN nonimmigrant classification  under the United States-Mexico-Canada Agreement (USMCA). These changes may affect employers’ practices. The new guidance is effective immediately and supersedes prior guidance found in USCIS’s Adjudicator’s Field Manual. Quick Hits USCIS updated its Policy Manual to require TN (temporary work visa) employment to be with a U.S. entity, reaffirm the prohibition on self-employment, and clarify that certain foreign employers may no longer qualify. The updated policy narrows eligibility for several TN professions—including engineers, economists, and scientific technicians/technologists—emphasizing degree relevance and job duty alignment. USCIS clarified TN application procedures, including port-of-entry options and documentation standards for foreign degrees and state licensure. Clarification of Sp...