Gregory A. Wald

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US Immigration Vetting Initiatives, Expanded Travel Bans, Social Media Mining, ESTA “Selfies” and More

In response to the horrific November attack on National Guard members in Washington, D.C. and other geopolitical events, the President and U.S. immigration agencies have implemented initiatives and rolled out proposals to expand existing travel bans and dramatically increase vetting and personnel data collection of visa applicants and travelers entering and exiting the United States. … Continue Reading

Update to the New $100,000 H-1B Fee: Who is Exempt and Who Must Pay?

One month after issuing a Proclamation entitled “Restrictions on Entry of Certain Nonimmigrant Workers” that imposed a $100,000 fee for certain H-1B visa petitions, United States Citizenship and Immigration Services (USCIS) published clarifying updates that echo similar updates from other agencies. The USCIS update is available HERE under the drop-down “Presidential Proclamation on Restriction on … Continue Reading

White House Rolls Out “Gold Card” Immigrant Visa Program (US)

On September 19, 2025, President Trump issued an Executive Order (EO) establishing the “Gold Card” program, designed to facilitate and expedite the immigrant visa (“green card”) process for individuals who make a $1 million donation (or $2 million if made by a corporation on behalf of the individual) to the United States.  Unlike the traditional … Continue Reading

Understanding the New $100,000 H-1B Fee and its Effect on U.S. Employers

On Friday, September 19, 2025, President Trump issued a Proclamation entitled “Restrictions on Entry of Certain Nonimmigrant Workers” that imposes a $100,000 fee for most new H-1B visa petitions and restricts the ability of certain H-1B visa holders to enter the United States. The H-1B visa is the workhorse of the U.S. immigration system, currently used … Continue Reading

Trump Immigration 2.0: What the Election Means for U.S. Employers

Employers should expect changes to their immigration and hiring enforcement regimes under a second Trump administration. Based on campaign rhetoric and promises, those changes will include emboldened and focused immigration policies to remove millions of undocumented workers and tighten the legal immigration system. Below is a summary of expected employment-related immigration changes and practical steps … Continue Reading

DHS Issues New I-9 and Rolls Out New Alternative for Verifying Remote Employees 

The I-9 employment verification process is taking a giant step into the 21st Century making onboarding remote hires a wee bit easier for many U.S. employers. This new alternative process will take effect on August 1, 2023, in conjunction with the implementation of a new version of the I-9, Employment Eligibility Verification form. Form I-9 … Continue Reading

Completing I-9s in a Post-Pandemic World:  Is There a Cure for the Long-Haul Woes Relating to Remote Hires? 

Employers take note: most of you will need to take significant action to update and/or correct your Form I-9, Employment Eligibility Verification, in the coming weeks due to sunsetting temporary COVID-19 flexibilities relating to physical inspection of employee documents. Failure to take timely action could result in significant monetary and other penalties. The Department of … Continue Reading

H-1B Cap Registration Commences on March 1st; Are you ready? 

U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the fiscal year (FY) 2023 H-1B cap will open at noon EST on March 1st and run through noon EST on March 17, 2023. USCIS intends to notify selected registrants by March 31st. Employers sponsoring selected registrants will be able to file cap-subject H-1B petitions in April.… Continue Reading

COVID-19 Testing Requirements Reinstated for Air Passengers Entering the United States from the People’s Republic of China, Hong Kong, and Macau (US)

The US Centers for Disease Control and Prevention (CDC) just announced, effective January 5, 2023 at 12:01 AM EST, airline passengers (two years of age and older) traveling from mainland China (Peoples Republic of China (PRC)) and the Special Administrative Regions of Hong Kong or Macau must provide either a negative COVID test or documentation … Continue Reading

Time To Play the Numbers:  H-1B Cap Registration Returns on March 1st (US)

U.S. Citizenship and Immigration Services (USCIS) recently announced the initial registration period for the fiscal year (FY) 2023 H-1B cap will open at noon EDT on March 1, 2022  and run through noon EDT on March 18, 2022.  This occurs one week earlier than last year. This registration process will not apply to H-1B transfers (between employers) or extensions of status applications.  It will only impact new H-1B visas subject to … Continue Reading

Coming home for the holidays? COVID Testing Requirements for Air Travelers Reduced to One Day Prior to Departure (US)

In response to the global spread of the Omicron variant, the Centers for Disease Control and Prevention (CDC) shortened the timeline for the pre-departure COVID testing requirement to one day applicable to in-bound travelers to the United States. Per the CDC announcement, effective on or after 12:01 am EST on December 6, 2021, “all air … Continue Reading

Major Changes Implemented in Employment Authorization Procedures for Spouses of H, E and L Visa Holders (US)

On November 12, 2021, the US Citizenship and Immigration Service (USCIS) issued new policies conferring the benefit of automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses.  This significant shift in policy comes on the heels of the Department of Homeland Security’s (DHS) settlement in Shergill et al v. Mayorkas, … Continue Reading

Update Regarding US COVID-19 Travel Restrictions

As we previously posted last month, the United States is rescinding and replacing the geographic COVID-19 travel bans with new proof of vaccination requirements for all international travelers. These new requirements will pertain to those entering the U.S. via air, sea or across the land border with Canada or Mexico. As reported by numerous news … Continue Reading

COVID-19 Travel Bans To Be Rescinded and Replaced with Vaccination Requirements (US)

After much anticipation, the White House announced plans to rescind the geographic COVID-19 travel bans and modify restrictions on all international travelers to focus on proof of vaccination. In place of the travel bans and beginning in early November, international travelers will be required to prove they have been fully vaccinated against COVID-19, as well … Continue Reading

President Biden Issues Proclamation Adding India to COVID-19 Travel Restrictions (US)

On April 30, 2021, the President issued another Proclamation suspending entry into the United States of nonimmigrants and noncitizens who were physically present within the Republic of India during the 14-day period preceding their attempted entry into the United States. These restrictions take effect at 12:01 am EDT on May 4, 2021 and remain in … Continue Reading

H-1B Cap Season Opens March 9: Random Cap Registration Selection Returns For FY2022 (US)

U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25, 2021.  USCIS intends to notify selected registrants by March 31st and permit filings from April 1, 2021.… Continue Reading

Biden Immigration Activity on Day One: Taking Down the Walls (US)

With the stroke of a pen, President Biden immediately commenced the deconstruction of the Southern Border wall and several other immigration policies of the prior administration, including the pre-Covid travel bans. Here is a summary of the President’s immigration-related executive actions issued during his first days in office. Revoking the Pre-Covid Travel Bans Entitled Presidential … Continue Reading

DHS Doubles Down On H-1Bs: Publishes Rule Implementing Wage-Based Changes to the Annual H-1B Lottery (US)

The Department of Homeland Security (DHS) published a Final Rule, which, if left intact, will implement major changes to the H-1B visa program. The new rule would do away with the random lottery system currently used to issue the annual quota of 85,000 new H-1B visas and replace it with a selection system weighted to … Continue Reading

President Trump Extends his Visa “Pause” Through March 2021 (US)

Presidential Proclamations 10014 and 10052 have been extended through March 31, 2021.  The two proclamations, which suspend U.S. entry and visa issuance for many immigrant and nonimmigrant visa applicants outside the U.S., were set to end after December 31, 2020.  Possible extensions were the subject of internal deliberations at the White House leading up to … Continue Reading

US Immigration Update: Must Be the Season of the Witch

It’s been a frenetic October and we’re still in the first week. Here is a quick summary of significant developments in U.S. Immigration just within the past few days. Federal District Court Issues Preliminary Injunction Halting Implementation of Nonimmigrant Visa Ban On October 1, 2020 Judge Jeffrey S. White of the District Court for the … Continue Reading

Unpacking National Interest Exception Requirements to Recent Presidential Proclamations Suspending Entry of Immigrants and Nonimmigrants: Hoops and Hurdles Remain (US)

On August 12, 2020, the U.S. State Department issued new guidance (“State Department Guidance”) on parameters for National Interest Exceptions to Presidential Proclamation 10052. As our previous post outlined, Proclamation 10052 suspended U.S. entry for certain nonimmigrants on H-1B (specialty occupation), H-2B (temporary workers), L-1 (intracompany transferees), and J-1 (exchange visitors participating in the intern, … Continue Reading

Executive Order Sets Stage for Restrictions on Government Contractor Visas and Offshoring (US)

On August 3, 2020, President Trump signed an Executive Order (“Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” hereafter “Executive Order”) calling for a broad review of the government’s use of visa holders and outsourcing across its extensive government contracting networks. The White House announced that the Executive Order is, at … Continue Reading

DHS Extends Flexibility Relating to I-9 Execution for Remote Workers While Increasing Civil Penalties for Violations (US)

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) recently announced another extension, through July 19, 2020, of its COVID-19 temporary policy of deferring the physical presence requirements associated with Form I-9 compliance in relation to hiring and re-verifying certain remote employees.  However, within days of announcing this reprieve for employers, DHS … Continue Reading
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