H-1B Cap Update: USCIS Announces FY2026 H-1B Cap Registration Period and Massive Fee Hike
The H-1B cap season for Fiscal Year 2026 is quickly approaching. USCIS announced on Feb. 5, 2025, that the registration period for FY 2026 will open at noon (EST) on Friday, March 7, 2025, and close at noon (EST) on Monday, March 24, 2025, and that the registration fee will go up significantly. Employers should begin evaluating their hiring needs and decide if they plan to sponsor foreign workers for H-1B classification this year.
H-1B Cap Registration Process
During the H-1B cap registration period, prospective petitioners and their representatives must use a USCIS online account to electronically register each beneficiary for the selection process and pay the associated registration fee. This year, the FY 2026 H-1B cap registration fee will increase from $10 to $215 per registration.
The H-1B visa is intended for foreign workers in specialty occupations — jobs that require at least a bachelor’s degree (or equivalent) in a specific field. Examples of specialty occupations include careers in architecture, engineering, medicine and health, accounting, and law. Additionally, H-1B beneficiaries must possess the necessary educational credentials for the position.
Eligible H-1B beneficiaries may include recent foreign student graduates present in the United States in F-1 student status and any other foreign professional whether in the United States or abroad.
H-1B Visa Caps
The a statutory cap is 65,000 H-1B visas (regular cap), with an additional 20,000 visas for foreign professionals with an advanced degree from a U.S. academic institution (master’s cap). If USCIS receives more registrations than H-1B visa numbers available, it conducts a random lottery to select the registrants who may be the beneficiary of an H-1B petition. Those selected are notified and provided instructions on where and when to file the H-1B petition. The employer then may file an H-1B petition for each selected worker.
The earliest possible date to request H-1B status in the petition is Oct. 1, 2025, which is the start of federal FY 2026.
Continued Beneficiary-Centric Selection Process
This year, USCIS will continue its beneficiary-centric selection process introduced last year. This approach has helped reduce attempts to gain an unfair advantage in the system and minimized duplicate registrations on behalf of beneficiaries, improving the overall registration and selection process.
In FY 2023, USCIS received 483,927 H-1B registrations, including 165,180 registrations for beneficiaries with multiple entries.
In FY 2024, the number of registrations surged to 780,884, with 408,891 multiple registrations.
In FY 2025, USCIS received 479,953 H-1B registrations, with 47,314 instances of multiple registrations, significantly lower than the previous year.
Preparing for Filing Season
Employers should start preparing for the upcoming H-1B cap filing season by identifying potential candidates for H-1B classification, drafting job descriptions, and determining salary offerings. Taking these steps now will allow for a timely review of each candidate’s eligibility and ensure they are registered within the designated timeframe.
H-1B Modernization Rule
The H-1B Modernization Rule, implemented on Jan. 17, 2025, is still in effect. Introduced under the Biden Administration, the rule offers greater flexibility for employers and foreign workers by modernizing the criteria for specialty occupations, expanding the definition of nonprofit and government research organizations for H-1B cap exemption purposes, and extending the cap-gap period for F-1 visa holders. Even though one of President Donald Trump’s executive orders revoked 78 Biden executive orders, a reversal of this rule would require a formal rulemaking process because this rule was codified in the Code of Federal Regulations. A reversal of the H-1B Modernization Rule, if and when a formal rulemaking process is completed, would be expected to: (1) re-define specialty occupation; (2) increase wage requirements; (3) prioritize H-1B cap registration based on compensation levels; and (4) eliminate deference.
Illinois Employers: Navigating New E-Verify and I-9 Compliance Requirements
Effective January 1, 2025, Illinois employers face updated regulations under Public Act 103-0879, altering the landscape of E-Verify and Form I-9 compliance. This law applies to companies located in Illinois and any employer with employees working in Illinois, regardless of where the company is headquartered. It does not extend to employees working outside of Illinois for an Illinois-based company. The Illinois Department of Labor has clarified that the law does not prohibit private employers from using E-Verify. However, it does reaffirm current federal E-Verify requirements and impose several additional obligations to protect workers and ensure fair practices.
Key Compliance Updates:
Expanded Employee Protections:
Employers must notify employees when their work eligibility or documentation is questioned.
Employers are required to inform the entire workforce in case of a federal I-9 audit.
Prohibited Practices:
E-Verify cannot be used to prescreen applicants.
Employers cannot act on tentative non-confirmations without following federal procedures.
Employers must follow specific state and federal guidelines if they receive tentative non-confirmation notifications to ensure fair treatment and due process for all their employees.
State Penalties for Non-Compliance:
Violations of the law may lead to penalties, emphasizing the importance of strict adherence.
Conclusion:
Contrary to some misconceptions, the law does not prevent private employers from using E-Verify. Rather, it regulates its use to uphold anti-discrimination policies, safeguard worker rights, and protect businesses. A number of the law’s provisions mirror those that have always been part of the E-Verify program, but employers (especially those in Illinois or with employees working in Illinois) should review their practices to ensure compliance with the state and federal requirements.
DHS Rescinds Recent Temporary Protected Status Extension for Venezuela
On Jan. 28, 2025, the Trump administration, acting through its Secretary of the Department of Homeland Security (DHS), revoked the extension of Temporary Protected Status (TPS) for Venezuelans residing in the United States. This decision reverses the 18-month extension granted Jan. 17, 2025, under the Biden administration. The revocation of TPS for Venezuelans means that the protections set to last until October 2026 will now revert to their prior expiration dates and TPS beneficiaries, who have already applied or intended to re-register, will no longer benefit from the extension. Instead, the 2023 Venezuela TPS designation remains valid for current beneficiaries through April 2, 2025, and the 2021 Venezuela TPS designation remains valid for current beneficiaries through Sept. 10, 2025.
DHS grants TPS to eligible individuals from countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions, which allows them to live and work in the United States without fear of deportation.
Employees with Venezuela TPS may have work authorization through either facially valid documents or automatic extensions. Employers should assess each employee’s work authorization on a case-by-case basis. The first Trump administration attempted to terminate several TPS designations, leading to court challenges, and this most recent revocation of TPS may similarly face legal challenges.
Increased US Scrutiny on Colombian Nationals: Potential Immigration Implications of Recent Policy Changes
In recent weeks, the Trump administration implemented a series of measures focused on Colombians arriving in the United States. These actions came in response to a diplomatic standoff between the two nations over the repatriation of Colombian nationals. The tension began when Colombian President Gustavo Petro refused to accept deportation flights carrying Colombian citizens from the United States. This refusal led to a series of retaliatory measures from the Trump administration, including threats of imposing tariffs on Colombian goods.
Under President Trump’s orders, the U.S. Customs and Border Protection (CBP) ramped up inspections involving Columbians at U.S. ports of entry. This included enhanced scrutiny of flights, private aircraft, and cargo coming from Colombia. CBP denied boarding to flagged visa holders and, in coordination with the Department of State, enforced a travel ban on certain Colombian officials.
The diplomatic disagreement also led to the cancellation of hundreds of U.S. visa appointments in Colombia. Many Colombians who had scheduled appointments at the U.S. Embassy in Bogota were informed that their appointments were canceled as a direct result of the Colombian government’s refusal to accept repatriation flights.
After negotiations, Colombia agreed to accept the deported migrants, but the long-term implications for U.S.-Colombia relations remain to be seen. The Trump administration’s actions regarding Colombia may signal growing complexities in U.S.-international relations and highlight the influence of diplomatic relations on U.S. immigration policies.
DHS Update Regarding Temporary Protected Status for Venezuela
Highlights
U.S. Department of Homeland Security ends 2023 Temporary Protected Status (TPS) designation for Venezuela
2021 TPS designation for Venezuela valid until Sept. 10, 2025, and 2023 TPS designation for Venezuela valid until April 7, 2025
Other TPS designations are not affected
The U.S. Department of Homeland Security (DHS) has terminated the 2023 Temporary Protected Status (TPS) designation for Venezuela, effective April 7, 2025, or 60 days following its publication on Feb. 5 in the Federal Register.
The formal notice, Termination of the October 3, 2023 Designation of Venezuela for Temporary Protected Status, describes how DHS has determined Venezuela no longer meets the conditions allowing its eligible nationals to remain in the U.S.
Venezuela currently has two separate TPS designations, each granting employment authorization to different groups of Venezuelans under distinct TPS programs. On Jan. 28, 2025, DHS announced that it vacated the previous Federal Register notice issued by the former administration.
There are two TPS designations for Venezuela from two different TPS programs for Venezuelans:
Type of TPS
Current Status
2021 TPS designation for Venezuela
TPS valid until Sept. 10, 2025
2023 TPS designation for Venezuela
TPS valid until April 7, 2025*
*TPS designation for Venezuela, announced on Oct. 3, 2023, originally was set to expire on April 2, 2025. As a result, the Employment Authorization Documents (EADs) issued under this designation will still expire on that date despite the TPS status (permitting the individual to remain in the U.S.) expiring on April 7, 2025.
Employment Authorization
Currently, Venezuelan nationals granted TPS are not eligible for an EAD extension. In addition, DHS is in the process of invalidating any EADs issued that show a Category Code of A12 or C19 for Venezuela with an Oct. 2, 2026, expiration date. For employers and employees, the consequences of the vacatur/termination notices include:
Venezuelan nationals granted TPS pursuant to the 2021 designation are work authorized until Sept. 10, 2025, unless an extension is granted
Venezuelan nationals granted TPS pursuant to the 2023 designation are work authorized only until April 2, 2025
The DHS secretary’s termination notice does not change the expiration date of the 2021 TPS designation. If the DHS does not make a timely determination by July 12, 2025, regarding the 2021 Venezuela TPS, the statute automatically extends the designation for six months. Otherwise, if the secretary decides to terminate the 2021 Venezuela TPS designation, it will end on Sept. 10, 2025.
Takeaways
Employers should review the copies of EADs, if available
Check for classification of A12 or C19
Check for country of birth: Venezuela
Individuals affected should consider consulting with immigration counsel to explore other available immigration alternatives.
Federal Judge Blocks President Trump’s Executive Order on Birthright Citizenship
On February 5, 2025, a federal judge in Maryland issued a nationwide preliminary injunction that halts President Donald Trump’s executive order aimed at terminating birthright citizenship for children born in the United States to undocumented and temporary immigrants.
Quick Hits
Nationwide preliminary injunction issued: U.S. District Judge Deborah Boardman blocked President Trump’s executive order restricting birthright citizenship, citing constitutional conflicts and long-standing legal precedent.
Temporary relief granted: The injunction, brought by five undocumented pregnant women and two immigrant rights groups, provides temporary relief while the lawsuit proceeds, with the administration expected to appeal the decision.
In a significant development, U.S. District Judge Deborah Boardman issued a nationwide preliminary injunction on February 5, 2025, blocking President Trump’s executive order, titled, “Protecting the Meaning and Value of American Citizenship.” The executive order sought to make children born on American soil on or after February 19, 2025, ineligible for U.S. citizenship if they were born to parents who were either unlawfully present in or temporary visitors to the United States. The president signed the executive order on January 20, 2025, the day he took office.
Judge Boardman’s ruling stated that President Trump’s executive order conflicted with the Fourteenth Amendment to the U.S. Constitution and contradicted more than one hundred years of binding Supreme Court precedent, as well as the United States’ 250-year history of birthright citizenship. Unlike the fourteen-day temporary restraining order issued on January 23, 2025, by Judge John Coughenour of the U.S. District Court for the Western District of Washington, today’s preliminary injunction will remain in effect until the lawsuit is resolved or the injunction is overturned by a higher court.
The lawsuit in Maryland was brought by five undocumented pregnant women and two nonprofit organizations that work with immigrants, who argued that the executive order would cause irreparable harm by denying citizenship rights to their children.
Judge Boardman emphasized that “citizenship is a most precious right” guaranteed by the Fourteenth Amendment, noting the instability, uncertainty, and “irreparable harm” the executive order would create for affected families across the country. The injunction will remain in place while the lawsuit proceeds, though the Trump administration is expected to appeal the decision.
Next Steps
As legal challenges to the executive order continue across the country—including challenges brought by twenty-two state attorneys general—it is likely that the matter will eventually reach the Supreme Court. For now, Judge Boardman’s ruling provides a reprieve for those affected by the executive order, reaffirming the constitutional right of citizenship by birth and through the Fourteenth Amendment.
This Winter and Spring, Prepare To See a Lot of ICE
Given the current administration’s focus on cracking down on illegal immigrants, employers can expect that Immigration and Customs Enforcement (ICE) will be either showing up on their property or conducting audits to examine whether any employees are not authorized to work. The time to plan is before this happens; ensure now that employees and managers know what to expect and what their rights are.
Many employers and employees do not know how to respond when ICE agents show up unannounced. The agents will be seeking to search your property, retrieve documents, and/or speak to your employees. Here are some dos and don’ts for how to handle the situation when ICE agents arrive unexpectedly.
DO:
Have a plan. Who is going to speak to ICE on the employer’s behalf? Ensure that the person designated is properly trained and is knowledgeable about the employer’s rights and those of impacted employees.
Think about ensuring you have immigration counsel ahead of time — someone who can respond quickly to any ICE raid or at the very least be available to handle questions that may arise during a raid.
Let your employees know that they do NOT have to allow ICE agents to enter. Rather, they can say that they are not authorized to grant permission to enter and that the agents should speak with the manager or managers the employer has designated. Or if you have a lawyer who can come to your business immediately, the designated person should request that the ICE agents wait for counsel to arrive before proceeding.
Advise your employees they do not have to speak with ICE agents. They can choose to (1) stay silent, (2) direct any questions to the designated managers, and/or (3) ask for a lawyer. The same advice goes for your designated manager or representative.
Advise your employees that they do not have to hand over any identification or documents to ICE.
Consider clearly marking what areas within your business are “private.” The public and visitors (which would include ICE agents) cannot enter private areas without permission or proper legal authority.
Stay calm during any ICE raids and train your employees to do so. If employees attempt to run, ICE agents may say that they are likely violating immigration laws and arrest them.
Watch the ICE agents to see whether they are complying with the terms of any warrant they present. If state law allows it, video what the ICE agents are doing. Make sure to read the warrant and make a copy if you can.
If ICE arrests any of your employees, ask the ICE agents where the employees are being taken. That information will help the employees’ families and/or attorneys locate them.
Make notes after ICE leaves: How many agents were there? What are their names and badge numbers? Did the agents make you or your employees believe you could not move or leave? Did they mistreat anyone? Make note of everything you saw or heard and of any items that were seized. You can also ask the officers for a list of items taken. If your business has a union, notify the employees’ union.
Practice your plan so you can identify any gaps in training or knowledge.
Ensure that you’ve done an I-9 audit recently so you can (1) determine whether there could be any issues with your employees and (2) have these handy if ICE seeks to audit your documents.
DON’T:
Let ICE agents into a private area without a judicial warrant. The designated manager needs to review the warrant to ensure it grants agents the ability to go into private places. ICE agents have the right to be in any public areas of your business without permission or a warrant. Those public areas would include a dining area in a restaurant, a lobby, and a parking lot.
Let ICE into private areas with an administrative warrant. A judicial warrant is signed by a judge and would say “US District Court” or “State Court” at the top of the warrant. The warrant would also have information concerning the time frame for the search, the premises to be searched, and a list of items to be searched and seized. Those items will likely include payroll and time records, I-9 forms, and employee identification documentation. On the other hand, an administrative warrant is not from a court. It would say “Department of Homeland Security” at the top. So if an ICE agent tries to enter a private area and does not have a judicial warrant, you can tell the agent you are not permitting them to enter without a judicial warrant. You can say something along the lines of “This is a private area. Do you have a judicial warrant? If not, you cannot enter.” (Click here for an example of both judicial warrants and administrative warrants.)
Tell the ICE agent whether a particular employee named in an administrative warrant is working that day or not. You do not have to do so.
Physically interfere with a search that goes beyond the scope of the warrant. You can inform the agents that you object to the search but do not attempt to stop them or intervene.
Lie or provide false information or try to destroy or hide any documents or items. Similarly, do not help employees hide.
Forget to research what local services exist to help immigrants and to pay attention to community organizations that may be able to assist both you and your employees.
Venezuelan TPS Update: What Employers Should Know About 2023 Designation Not Extended
Announced in a Federal Register notice published Feb. 5, 2025, Secretary Kristi Noem decided not to extend the 2023 Venezuela TPS designation. That designation will expire April 7, 2025.
DHS Secretary Noem announced on Jan. 29, 2025, that she is vacating former DHS Secretary Alejandro Mayorkas’ Jan. 17, 2025, redesignation of Temporary Protected Status (TPS) for Venezuela for an additional 18 months. This announcement affects approximately 600,000 Venezuelans currently in the United States with TPS.
Secretary Noem has until July 12, 2025, to decide whether to extend the 2021 Venezuela TPS designation. If not extended, the 2021 designation will terminate Sept. 10, 2025.
Employees with Venezuela TPS may be work-authorized pursuant to facially valid work authorization documents or auto-extensions. They also may be eligible to change to other non-immigrant status, including visitor status and employment-based visa statuses. Work authorizations and eligibility for change of status should be evaluated on a case-by-case basis. Jackson Lewis’ attorneys are available to assist with these evaluations.
During the first Trump Administration, decisions not to extend TPS for several designated countries faced legal challenges and were blocked from taking effect. We will continue to monitor and provide updates regarding any legal challenges to the decision not to extend the Venezuela 2023 TPS designation.
The Opening Act: Significant Developments in Trump’s First Two Weeks
During the first two weeks in office, President Donald Trump’s administration released many policies impacting employers in areas like immigration, labor, and workplace safety, and reshaping federal regulatory and enforcement policies regarding artificial intelligence (AI) and unlawful employment discrimination and harassment.
Here is a roundup summarizing the key provisions of the executive orders and other policies from the first two weeks of the new administration.
Quick Hits
Changes to immigration policy included stopping entry of refugees and restricting birthright citizenship.
The federal government now recognizes only two genders, male and female. This policy included removing previous guidance that protected LGBTQ workers from discrimination and harassment.
Immigration Policy
On January 20, 2025, President Trump issued an executive order (EO 14160) limiting birthright citizenship. The executive order asserts that children born in the United States on or after February 19, 2025, who do not have at least one lawful permanent resident or U.S. citizen parent, will not have a claim to birthright citizenship.
On January 23, 2025, a federal judge in Seattle, WA, blocked enforcement of this executive order in response to four states (Washington, Illinois, Arizona, and Oregon) seeking a temporary restraining order. Two weeks later, on February 5, a Maryland federal judge issued a nationwide preliminary injunction blocking the executive order in response to a request by five pregnant undocumented women who argued that the order is unconstitutional and violates several federal laws[SF1] .
A different executive order revisits and reviews the United States-Mexico-Canada Agreement (USMCA) and other U.S. trade agreements. The United States’ participation in the UMSCA makes the TN professional work visa available for citizens of Canada and Mexico.
A separate executive order aims to utilize in-depth vetting and screening of all individuals seeking admission to the United States, including obtaining information to confirm any claims made by those individuals and assess public safety threats.
Another executive order suspended the entry of refugees into the United States under the United States Refugee Admissions Program (USRAP). That order took effect on January 27, 2025.
A separate executive order tightens enforcement of border policies. That includes:
detaining undocumented people “apprehended on suspicion of violating federal or state law,” and removing them promptly;
pursuing criminal charges against undocumented people and “those who facilitate their unlawful presence in the United States”;
terminating parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans; and
utilizing advanced vetting techniques to determine familial relationships and biometrics scanning for all individuals encountered or apprehended by the U.S. Department of Homeland Security (DHS).
LGBTQ+ Employees
On January 20, 2025, President Trump issued EO 14168, which states that the federal government recognizes only two genders: male and female. The federal government will no longer use nonbinary gender categories in compliance and enforcement actions.
On January 28, 2025, U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea R. Lucas rolled back much of the EEOC’s Biden-era guidance on antidiscrimination and antiharassment protections for LGBTQ+ employees.
On January 27, 2025, President Trump removed Democratic EEOC commissioners Charlotte A. Burrows and Jocelyn Samuels and discharged EEOC general counsel Karla Gilbride.
Labor
President Trump also took the unprecedented move of removing National Labor Relations Board (NLRB) Member Gwynne Wilcox, a Democratic appointee whose term was not set to end until August 2028. The president also discharged NLRB general counsel Jennifer Abruzzo before the end of her term and later tapped William Cowen, who was serving as the regional director for the NLRB’s Los Angeles Region Office (Region 21), as the new acting general counsel.
The discharge of the general counsel was expected after former President Biden discharged the general counsel who served during President Trump’s first term, which was upheld in the courts. However, the removal of a sitting NLRB member was surprising and leaves the Board without a quorum to hear cases. Former Member Wilcox has filed a lawsuit challenging her removal, which is likely to lead to a lengthy court case that could ultimately land before the Supreme Court of the United States.
Workplace Safety
The Occupational Safety and Health Administration’s (OSHA) proposed Biden-era rules on “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings” and the “Emergency Response Standard” appear to be on the chopping block following President Trump’s “Regulatory Freeze Pending Review” issued on January 20, 2025. The presidential memorandum directed the agency to refrain from issuing or proposing any new rules until a department or agency head designated by the president has had a chance to approve it.
Higher Education and Title IX
On January 31, 2025, the U.S. Department of Education announced that it would not enforce Title IX of the Education Amendments of 1972 in accordance with a 2024 Biden-era rule that had expanded the definition of “on the basis of sex” to include gender identity, sex stereotypes, sex characteristics, and sexual orientation, and mandated that schools allow students and employees to access facilities, programs, and activities consistent with their self-identified gender.
Instead, the department said it will enforce the protections under the prior 2020 Title IX rule. The change aligns the department with EO 14168 and follows federal court decisions that have vacated or enjoined the 2024 Title IX final rule, finding that it violated the plain text and original meaning of Title IX.
Artificial Intelligence (AI)
President Trump is also reshaping federal policy on artificial intelligence, moving away from the Biden administration’s focus on mitigating potential negative impacts on workers and consumers.
On January 23, 2025, President Trump signed EO 14179, “Removing Barriers to American Leadership in Artificial Intelligence.” The order states, “[i]t is the policy of the United States to sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security.”
The EO came after President Trump, on his first day in office on January 20, 2025, rescinded President Biden’s EO 14110, which was signed in October 2023 and had sought to implement safeguards for the “responsible development and use of AI.”
Next Steps
President Trump’s recent executive orders and other actions over the first two weeks in office have disrupted labor and employment law and created uncertainty for employers, at least in the near term. It remains to be seen what the lasting effects could be, particularly as it appears the administration has more changes in store. However, some of the executive orders and other actions are being challenged, or are expected to be challenged, in the courts, which could answer questions about the constitutional authority of the president and other statutes creating federal agencies. It is unclear what the outcome of the court cases will be.
Change Is Coming to Spain’s Minimum Wage, Visa Process, and LGBTQ Protections
In recent months, Spain has approved measures to streamline the visa process and better protect LBGTQ employees. It also has proposed raising the minimum wage and shortening the workweek.
Quick Hits
Spanish authorities are preparing to increase the minimum wage and shorten the workweek to 37.5 hours.
Spain’s government approved a measure to simplify the visa process.
Employers must take steps to protect LGBTQ workers from discrimination, harassment, and violence at the workplace.
Shorter Workweek and Higher Minimum Wage
On December 20, 2024, the Ministry of Labour and Social Economy published a draft law to reduce the workweek from 40 hours to 37.5 hours at the same pay rate. Anything above that amount would be considered overtime.
If the law passes Parliament, businesses and trade unions will be expected to comply with it by December 31, 2025. Companies will be required to maintain digital, real-time records of workers’ hours. Spanish law grants employees the right to disconnect, meaning the right to not respond to work-related emails and texts outside of work hours.
The Spanish government also has proposed raising the minimum wage to €1,184 per month in fourteen payments. If approved, this will take effect retroactively from January 1, 2025.
Changes to Visa Process
The Council of Ministers recently approved the new Regulation on Foreigners, which streamlines the process for immigrants to obtain work and residence permits. Initial visas will be valid for one year. Most renewals will last four years. The jobseeker visa, which previously lasted two years, has been reduced to one year.
The regulation will take effect May 20, 2025.
Protections for LGBTQ Workers
Under Royal Decree 1026/2024, employers in Spain with more than fifty employees must take steps to prevent discrimination, harassment, and violence against LGBTQ individuals in the workplace. Employers must provide adequate training on the rights of LGBTQ individuals, and written policies must prohibit discrimination in the workplace with specific references to sexual orientation and gender expression. Access to employee benefits, including paid leave, must occur without discrimination based on sexual orientation or gender expression.
This measure took effect on January 10, 2025. Employers that don’t comply may be fined up to €150,000.
Next Steps
Employers may wish to prepare to pay a higher minimum wage later this year and keep digital records of workers’ hours. If the reduced workweek is approved, some employers may wish to reassess their hiring and scheduling protocols to ensure that staffing levels are adequate. Some employers may face higher labor costs if both of those measures receive approval.
Employers may wish to review their policies, practices, and benefits to ensure they do not discriminate against LGBTQ employees. They may wish to provide additional training on the rights of LGBTQ workers and the workplace protocols for preventing and reporting harassment or violence.
DOJ Effectively Pauses Its Civil Rights Division’s Litigation, Which May Impact IER’s Pursuit of New Claims
The U.S. Department of Justice (DOJ) issued a directive to its Civil Rights Division, freezing all ongoing or new litigation. The specifics of the freeze are not clear; however, it appears to freeze new claims presented to the DOJ’s Immigrant and Employee Rights Section (IER).
Quick Hits
New and ongoing litigation at the DOJ’s Civil Rights Division is essentially frozen indefinitely.
The freeze could have implications for the Immigration and Employee Rights Section, which handles claims of citizenship discrimination.
Hidden among a flurry of executive orders, within the first week of President Trump’s second term of office, the media reports the DOJ issued a freeze memorandum to its Civil Rights Division, which is the arm of the DOJ that enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status, military status, or national origin. The memorandum reportedly freezes any ongoing litigation held over from the Biden administration, and it halts the division’s pursuit of any new cases or settlements. The Civil Rights Division is also tasked with enforcing voting and election laws. Although not confirmed, it is believed the action is aimed at freezing Biden administration’s focus on cases and claims involving discrimination and violence within police forces throughout the country, as well as cutting back on enforcement of existing voting rights laws.
What is unknown at this time is how this freeze will impact IER, whose role is to enforce the Immigration and Nationality Act’s (INA) prohibition on citizenship discrimination in the hiring, recruitment, and termination phases of employment. The INA also prohibits asking for more or different documents during I-9 processing during an employee’s onboarding. Any potential impact this purported memorandum has on IER is merely a consequence—and not a focus—of the freeze. What is also unknown is how this freeze may impact any ongoing litigation currently proceeding before the Office of the Chief Administrative Hearing Officer involving alleged violations of the INA.
President Trump’s pick for attorney general, Pam Bondi, has not yet been confirmed; however, the acting attorney general is James R. McHenry III, who directed the DOJ’s Executive Office for Immigration Review (EOIR) in President Trump’s first administration and served as EOIR’s chief administrative hearing officer in President Biden’s administration.
McHenry’s career has focused on immigration, which lends some insight into this latest freeze. Should Bondi assume the role of attorney general, the focus of the DOJ for the next four years will likely become clearer—particularly as to how it will handle allegations of citizenship discrimination in light of the administration’s heavy focus on immigration. This is an area employers should remain focused on in the next few months, with consideration given to reviewing internal policies and procedures to ensure compliance with the INA’s antidiscrimination provisions.
Next Steps
In the coming months, employers will want to remain focused and consider reviewing internal policies and procedures to ensure compliance with the INA’s antidiscrimination provisions.
2023 Temporary Protected Status Designation for Venezuela Terminated
On February 3, 2025, U.S. Secretary of Homeland Security Kristi Noem terminated Venezuela’s 2023 temporary protected status (TPS) designation.
Quick Hits
Venezuela was designated for TPS on March 9, 2021, due to extraordinary and temporary conditions and was newly designated on October 3, 2023.
U.S. Secretary of Homeland Security Kristi Noem is terminating the 2023 TPS designation of Venezuela.
TPS protections, including work authorization for Venezuelans aligned with the the 2023 TPS designation will terminate sixty days after publication of the U.S. Department of Homeland Security’s (DHS) notice on February 5, 2025.
U.S. Secretary of Homeland Security Kristi Noem is terminating the 2023 TPS designation of Venezuela. The termination is scheduled to be published in the Federal Register on February 5, 2025, and will take effect sixty days after publication. The termination follows Secretary Noem’s vacatur of former Secretary Alejandro Mayorkas’s order from January 2025, which had consolidated the TPS extension filing processes under both the 2021 and 2023 designations and extended certain employment authorization documents (EADs).
The homeland security secretary may designate a foreign country for TPS due to temporary conditions, such as ongoing armed conflict, an environmental disaster, epidemics, or other extraordinary and temporary conditions that prevent nationals of that country from safely returning. TPS beneficiaries are protected from removal from the United States and can apply for and receive work and travel authorization. TPS is currently authorized for other countries, including Ukraine, Sudan, Nepal, El Salvador, Honduras, Nicaragua, Haiti, and others, which have not been terminated.
Venezuela was designated for TPS on March 9, 2021 (the 2021 designation). The 2021 designation was extended on September 8, 2022, and again on October 3, 2023, with an expiration date of September 10, 2025. On October 3, 2023, a new designation was implemented (the 2023 designation) with an expiration date of April 2, 2025. Last week, Secretary Noem issued a vacatur of the TPS designation, stating that former Secretary Mayorkas’s approach was inconsistent with the TPS statute.
Periodically, the homeland security secretary must review country conditions and determine whether they continue to meet the requirements for TPS designation. Secretary Noem was required to determine by February 1, 2025, whether to extend or terminate the 2023 designation. In the notice from February 3, 2025, Secretary Noem determined that Venezuela no longer met the conditions for TPS designation and terminated its 2023 designation. The secretary cited improvements in Venezuela’s economy, public health, and public safety that allow for Venezuelan nationals to return to their home country. Secretary Noem further concluded that a continuation of the TPS designation was contrary to the national interest of the United States.
TPS, including employment authorization for Venezuelans aligned with the 2023 designation, will terminate sixty days after the DHS termination notice is published in the Federal Register on February 5, 2025. The termination is expected to impact an estimated 348,202 Venezuelans in the United States.
Next Steps
The homeland security secretary must determine by July 12, 2025, whether to extend or terminate the Venezuela’s 2021 TPS designation. If the secretary does not make a timely determination by the applicable deadlines, the 2021 designation will automatically be extended for an additional period of six months beyond its expiration date (September 10, 2025).
If the secretary makes a determination to terminate the 2021 designation, as with the 2023 designation, Venezuelan beneficiaries aligned with the 2021 designation will have to obtain an alternative immigration status and employment authorization by the relevant TPS termination date to remain in the United States and maintain work authorization.