Immigration Trending Topics

To help with your writing efforts, here’s what people are looking for in Immigration Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

How Proposed DHS Rule Would Affect Asylum Seekers and Employers 

Consider writing about:

A proposed rule announced by the U.S. Department of Homeland Security on Feb. 20; what the proposed rule could mean for asylum seekers, the work authorization process, work permits, hiring, retention, and staffing, and other workforce- and immigration-related matters; how dramatic a change this proposed rule could turn out to be for the immigration system, employer operations, and the economy; potential for legal challenges to the DHS proposed rule.

Related information:

https://www.uscis.gov/newsroom/news-releases/dhs-proposes-rule-to-prioritize-americans-safety-by-strengthening-screening-of-asylum-seekers

Are Claims of National Origin Bias on the Rise? 

Consider writing about:

Trends involving allegations of national origin bias; whether employers in the Trump 2.0 era are facing an increase in litigation or enforcement actions alleging bias in favor of foreign workers over American citizens; any significant jury verdicts, rulings, lawsuits, or other related actions to know about; how employers should be managing their hiring, promotions, and other workplace practices with an eye to heading off potential claims of national origin bias.

Related information:

https://news.bloomberglaw.com/litigation/bmw-worker-awarded-5-1-million-for-bias-based-on-us-citizenship

https://www.reuters.com/legal/government/tesla-must-face-lawsuit-alleging-anti-american-bias-hiring-us-judge-rules-2026-02-24

Immigration-Related Issues to Keep in Mind During a Merger or Acquisition [Ongoing] 

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How immigration-related matters can become an issue during the M&A process; how a merger or acquisition can impact individuals’ work status or visa concerns; immigration-related red flags to watch for when contemplating the undertaking of a merger or acquisition; related liability risks; due diligence obligations and recommended compliance and systems integration processes; or, alternatively or additionally, how to minimize immigration-related fallout after the M&A process has been completed; any real-life cautionary tales that can help illustrate these points.

Latest Guidance, Other Developments involving ‘Gold Card’ Program 

Consider writing about:

The “gold card” program created by the Trump administration last year; guidance from federal immigration authorities on the mechanics of the program; status of applicable regulations; what interested parties should know about “gold card” eligibility criteria, the application process, pros and cons of the program, and any legal challenges to the program.

What to Know About UK’s ‘Global Talent’ Visa 

Consider writing about:

The United Kingdom’s Global Talent visa; the visa’s origins, history, objectives, and the individuals and industries for whom it is mainly intended; what interested parties should know about changes that the UK is planning to make to its Global Talent visa system, and how someone can best qualify for a Global Talent visa; whether the U.S. tech sector should be concerned about losing prospective hires to the United Kingdom, partly due to the UK’s Global Talent visa system; and perhaps a comparison of UK immigration policies and work visa trends to those in the United States under the Trump administration.

Related information:

https://questions-statements.parliament.uk/written-statements/detail/2026-01-20/hcws1254

J-1 Visa Trends and Tips 

Consider writing about:

J-1 visas; whom they’re intended for; how they have historically been used; existing or potential changes to the J-1 visa system under the Trump administration; any noteworthy legal disputes involving J-1 visas (and potential takeaways of practical use for other businesses); what else employers should know about the pros and cons of J-1 visas, either in and of themselves, or in comparison to other visa types and staffing options.

USCIS Temporarily Boosts H-2B Visa Availability 

Consider writing about:

A temporary final rule issued by U.S. Citizenship and Immigration Services on Jan. 30; what the rule means for employers and workers with an interest in H-2B visas; industries or worker categories covered by H-2B visas; deadline to apply for one of the supplemental visas; eligibility criteria under the Jan. 30 rule; other requirements or limitations to know about; pointers on how to maximize one’s chances of securing an H-2B visa under this new rule.

Related information:

https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-non-agricultural-workers/temporary-increase-in-h-2b-nonimmigrant-visas-for-fy-2026#

Companies Grapple With Reputational Damage Amid Immigration Crackdowns 

Consider writing about:

The potential for reputational damage to companies amid heightened tensions over the Trump administration’s aggressive immigration enforcement practices. How companies like Home Depot, Hilton, Palantir, and others have found themselves the target of consumer boycotts, on-site demonstrations, investor calls for action, social media campaigns, and other pressures. How companies can best anticipate and respond to potential reputational and economic risks in these types of scenarios; do’s and don’ts involving internal and external messaging and other points.

California Employers: Are You Complying With the Workplace Know Your Rights Act? 

Consider writing about:

The Workplace Know Your Rights Act; origins and intent of SB 294; key employer obligations under this Act, and their effective date; and perhaps a look at any other existing or proposed laws of this type in other states, and whether such measures may be gaining steam.

Related information:

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB294

Immigration Enforcement and Warrants: What Are Businesses’ Rights? 

Consider writing about:

Potential confusion on the part of employers and others regarding ICE actions and warrants. When must immigration agents show a warrant? What are the differences between a judicial and an administrative warrant? What rights, protections, and limitations adhere to each type of warrant? What type of warrant must be shown to gain lawful entry into a private space? (Further, what parts of a business’s interior or exterior property are considered private or public?) How might these rights differ between a commercial and residential space? What should employers, managers, or employees do if immigration agents fail to produce the proper type of warrant?

Related information:

https://www.nbcnews.com/news/us-news/ice-policy-officers-enter-homes-immigration-without-judicial-warrant-rcna255305

What to Know About State Department’s Sweeping Suspension of Immigrant Visa Processing 

Consider writing about:

The U.S. Department of State’s Jan. 14 announcement that it is suspending the processing of immigrant visas for citizens of 75 countries; rationale given for the suspension; when the suspension goes into effect; key categories of applicants to whom the suspension applies – or does not apply; additional screening procedures that have been announced in conjunction with the suspension, or that are likely to emerge; related issues for employers, and possible courses of action in view of the State Department announcement; potential for legal challenges to the suspension.

Related information:

https://travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-processing-updates-for-nationalities-at-high-risk-of-public-benefits-usage.html

What’s Happening With the U.S. Green Card Lottery Program? 

Consider writing about:

The status of the United States’ Diversity Immigrant Visa Program; whom the program applies to; a program suspension announced on Dec. 19 by the Trump administration; how the suspension stands to affect individuals and existing or would-be employers; how long the suspension is expected to last; any alternatives to the Diversity Immigrant Visa Program that would-be applicants or their employers may want to pursue.

Related information:

https://apnews.com/article/brown-mit-shooting-suspect-green-card-1d6c1d83bc1237a21d0ca65d39981fa8

TPS Developments Employers Should Be Aware Of 

Consider writing about:

Recent or otherwise significant developments involving temporary protected status. What groups are losing or gaining temporary protected status as a result of Trump administration actions? How can employers best keep pace with the shifts in policy and the related rollout of multiple changes? How should employers respond when a change in temporary protected status hits their workforce, or when such a change appears imminent? What are the most pressing compliance obligations and risks for employers in these cases?

Related information:

https://thehill.com/homenews/administration/5671938-venezuelans-apply-asylum-us

https://www.npr.org/2026/01/07/nx-s1-5668411/dhs-venezuelans-can-return-home

https://www.usatoday.com/story/news/nation/2025/12/30/judge-halts-end-of-deportation-protections-for-south-sudanese-migrants/87957918007

https://www.cbsnews.com/news/judge-temporary-protected-status-honduras-nepal-nicaragua

How to Prepare for H-1B Visa Criteria Changes 

Consider writing about:

The Department of Homeland Security’s finalized proposal aimed at changing the H-1B visa petition process; how the weighted selection process will impact the H-1B lottery, employers, and foreign workers; who stands to gain or lose under the DHS’ final rule; how employers can best prepare for this process change.

Related information:

https://www.federalregister.gov/documents/2025/12/29/2025-23853/weighted-selection-process-for-registrants-and-petitioners-seeking-to-file-cap-subject-h-1b

Illinois Governor Signs Immigrant Protections Into Law 

Consider writing about:

New protections for Illinois immigrant communities, as signed into law by that state’s governor on Dec. 9; to whom the protections extend; new obligations on the part of hospitals, day care centers, universities, courthouses, and others; how the law will be enforced; potential challenges in doing so; whether other states are enacting or considering similar measures.

Related information:

https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-bill-to-protect-immigrants-from-unjust-federal-actions

https://abc7chicago.com/post/gov-jb-pritzker-sign-bill-creating-more-protections-immigrants-illinois-la-villita-community-church-chicago/18267491

Immigration Clampdown Hits Foreign Nationals From 19 Countries 

Consider writing about:

Measures recently announced by U.S. Citizenship and Immigration Services affecting foreign nationals from 19 countries that the Trump administration is deeming as high-risk; what these changes mean for these individuals’ current or pending immigration status, employment eligibility, and other rights or prospects; what employers need to do to comply with the new USCIS measures; related enforcement risks employers may need to be aware of.

Related information:

https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0192-PendingApplicationsHighRiskCountries-20251202.pdf

https://www.uscis.gov/newsroom/news-releases/uscis-implements-additional-national-security-measures-in-the-wake-of-national-guard-shooting-by

State Dept. Turns Spotlight on Visa Applicants’ Social Media Histories 

Consider writing about:

Changes announced by the U.S. Department of State on Dec. 3 that affect H-1B applicants and dependent H-4 visa applicants; how applicants’ social media histories may come back to haunt them; new requirements or related best practices that individuals need to keep in mind; whether visa applicants should consider trying to modify or “wipe” their social media histories in some manner (to whatever extent that may even be feasible); whether current or prospective employers should be reviewing workers’ social media histories due to the State Department action (or whether doing so would expose employers to legal risk).

Related information:

https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-expanded-screening-and-vetting-for-h-1b-and-dependent-h-4-visa-applicants.html

USCIS Announces New Limits on Work Permits 

Consider writing about:

New work permit rules announced by U.S. Citizenship and Immigration Services on Dec. 4; types of permits at issue; workers to whom the new rules apply; when the rule change takes effect; rationale for the change; potential implications for employers in terms of workforce, staff turnovers, operations, and compliance with Employment Authorization Document processes.

Related information:

https://www.uscis.gov/newsroom/news-releases/uscis-increases-screening-vetting-of-aliens-working-in-us

Are Changes Looming for Student Visas? 

Consider writing about:

Changes that the U.S. Department of Homeland Security is reportedly considering for student visas and the Optional Practical Training (OPT) program; what to know about student visa trends, the rights of student visa-holders, and the OPT program’s workings and evolution; what students, universities, or employers should be watching for from the Trump administration regarding potential changes ahead; any alternative options that may be available as regards residency, education, or employment eligibility.

Related information:

https://www.newsweek.com/student-visa-opt-changes-trump-administration-11036570

How the Trump Administration Is Using the False Claims Act for Immigration Enforcement 

Consider writing about:

The Trump administration’s use of the False Claims Act as a tool for pressing its immigration-related policies; what to know about the Act’s reach and how it might intersect with businesses’ immigration compliance requirements; settlements, investigations, or other developments that signal increased FCA risks for employers pertaining to workers’ immigration status; what employers should be doing to reduce liability risks along these lines.

Is Temporary Protected Status Ending for South Sudanese in United States? 

Consider writing about:

Reports that the U.S. Department of Homeland Security is planning to terminate temporary protected status for South Sudanese nationals; this group’s history and current status in the United States; rights conferred under the temporary protected status designation; effective date of the TPS termination; what else individuals, their employers, or other parties affected by the DHS decision should know about this policy shift and its implications.

Related information:

https://www.cbsnews.com/news/temporary-protected-status-south-sudan-terminated

How Employers Can Avoid Getting Burned by ‘Project Firewall’ 

Consider writing about:

A Sept. 19 announcement by the U.S. Department of Labor regarding an enforcement initiative that the Trump administration has dubbed Project Firewall; what the initiative consists of and how it will be implemented and enforced; what this initiative could mean for employers’ hiring processes and for their use of the H-1B visa system in particular; potential penalties or other liability risks on the part of employers deemed to be out of compliance.

Related information:

https://www.dol.gov/newsroom/releases/osec/osec20250919

DHS Torpedoes Auto-Extensions for Employment Authorization Documents 

Consider writing about:

An interim final rule announced by the Department of Homeland Security on Oct. 29; the rule’s significance for employment authorization documents; EADs affected by this rule; the rule’s effective date; compliance guidelines for employers or employees; how organizations may be able to minimize disruptions to their staffing and operations in the wake of this new DHS rule.

Related information:

https://www.uscis.gov/newsroom/news-releases/dhs-ends-automatic-extension-of-employment-authorization

Immigration Attorney Sues Trump Administration Over Seizure of Phone at Airport 

Consider writing about:

Reports that federal immigration authorities seized an immigration lawyer’s phone after his international flight landed at a Massachusetts airport; key allegations in his lawsuit regarding the device’s seizure; reminders about legal protections or best practices for travelers at U.S. border points; additional precautions for attorneys concerned about potential risks to confidential case material or additional client-related information.

Related information:

https://www.masslive.com/worcester/2025/10/mass-immigration-lawyer-vocal-critic-of-ice-says-feds-took-his-phone-without-cause.html

https://www.nbcboston.com/news/politics/immigration-attorney-sues-trump-administration-after-phone-seized-at-logan-airport/3830846

USCIS Releases New Guidance on $100K Fee for H-1B Visa Applicants 

Consider writing about:

New guidance from U.S. Citizenship and Immigration Services (USCIS) regarding a $100,000 fee that was recently imposed on H-1B visa applicants; what the Oct. 20 guidance says regarding the conditions under which the fee does, or does not, apply; how this latest guidance compares to prior Trump administration information regarding the $100,000 fee; whether some employers or visa applicants may need, or want, to do a course correction in response to the new guidance; any still-unanswered questions or confusion stemming from the fee’s roll-out and how it was handled by the Trump administration.

Related information:

https://www.cbsnews.com/news/100000-h-1b-visa-fee-who-pays

https://www.forbes.com/sites/stuartanderson/2025/10/20/immigration-service-issues-guidance-on-who-pays-the-100000-h-1b-fee

Are the Feds Cracking Open the Door for DACA Applications? 

Consider writing about:

The prospects for applications to resume being accepted under the United States’ Deferred Action for Childhood Arrivals program; where the process for new or renewal applications currently stands, what has been holding up the application process, and what individuals, employers, or others should know about changes that have recently been made or that are on the horizon; a primer on key application procedures.

Related information:

https://apnews.com/article/daca-trump-immigration-texas-doj-5b9990853b3f391e9cbca24706d4edb6

Where Venezuelan Migrants’ Status Stands Now 

Consider writing about:

The latest developments involving Temporary Protected Status (TPS) status for Venezuelan migrants in the United States; recent actions by courts or the Trump administration; where these migrants’ status now stands; what employers need to know about the current state of affairs, especially as it pertains to employment eligibility and employment verification.

What to Know About Immigration Enforcement and Compliance Amid Government Shutdown 

Consider writing about:

How the U.S. government shutdown is affecting immigration enforcement and related operations; which, if any, offices or systems are closed or otherwise unavailable to employers and others; what the shutdown could mean for visa filings, employment eligibility verification, and other processes; potential impacts on deadlines and other timeline-related matters; how employers can best maintain compliance with immigration laws amid the shutdown.

For Whom Does the New ‘Gold Card’ Visa Option Glitter? 

Consider writing about:

A Sept. 19 Executive Order announcing the establishment of a “Gold Card” visa program for immigrants; what the program consists of; how it compares to a previously announced Gold Card proposal; when the program takes effect; who is eligible for it; pros and cons of the Gold Card option as compared to other visa alternatives.

Related information:

https://www.whitehouse.gov/presidential-actions/2025/09/the-gold-card

https://www.axios.com/2025/09/19/trump-gold-card-platinum-card

https://www.cbsnews.com/news/trump-gold-card-visas-platinum-card-lutnick-h1b

How Employers Can Manage H-1B System Changes 

Consider writing about:

Recent or proposed changes announced by the Trump administration regarding the H-1B visa system; key points about these actions, and whom they could most affect; relevant government guidance (and any omissions or confusion that may be lingering in the wake of that guidance); how employers and workers can best prepare for the H-1B system changes; legal challenges that have arisen, or that may be anticipated, in response to the changes; potential alternatives to the H-1B visa.

Related information:

https://www.newsweek.com/donald-trump-100000-h-1b-visa-major-legal-hurdle-10828501

https://www.nbcnews.com/news/us-news/trump-admin-h1b-visa-fee-selection-high-paid-workers-tech-finance-rcna233260