In a long-awaited decision, a federal judge has declared the Trump administration’s attempt to impose a $100k fee on certain H-1B workers to be unlawful. Last September, the immigration community was shell-shocked when the Trump administration announced a $100k fee applicable to certain H-1B workers. Practitioners, employers, and employees initially scrambled to understand what the...
Chris Prescott
In yet another attempt to create fear and chaos within the immigration community, USCIS released a memo right before the long weekend reminding its officers that adjustment of status is a form of extraordinary relief. This comes despite decades of USCIS routinely adjudicating and approving adjustment of status applications as a normal part of the...
May212026
A single improper signature could now cost you your filing fee, your case, and precious time. On May 11, 2026, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule that fundamentally changes how USCIS handles signature defects on immigration forms. Effective July 10, 2026, the rule gives USCIS officers explicit authority to...
Over the past year, I have seen a growing number of highly educated, accomplished, and genuinely talented professionals assume they qualify for EB-1A classification simply because they have a strong résumé. That is not enough. In 2026, USCIS is scrutinizing EB-1A petitions far more aggressively than it did several years ago. Many denials are not...
H-1B Wage Compliance, Benching, Unpaid Leave and the Cost of Getting It Wrong By Chris Prescott | PSBP Law | April 29, 2026 Most companies that sponsor H-1B workers think of the Labor Condition Application (“LCA”) as a piece of paperwork. They sign it, post it, file it with USCIS, and move on. Then a...
What Rep. Eli Crane’s Proposal Would Do, How It Compares to Existing Law, and What Employers, Workers, and Families Should — and Should Not — Do Right Now By Chris Prescott | PSBP Law | April 27, 2026 READ THIS FIRST.The End H-1B Visa Abuse Act of 2026 is a BILL that has been INTRODUCED...
The U.S. Department of Labor (DOL) has indicated an intent to revise the prevailing-wage framework. On March 26, 2026, DOL issued a Notice of Proposed Rulemaking (NPRM) that, if finalized as proposed, would significantly increase prevailing wage levels. The NPRM was published in the Federal Register on March 26, 2026, with comments due in 60...
With the current environment around immigration enforcement, now is a good time to revisit the rules governing F-1 student employment particularly the unemployment day limits that catch many students off guard. The Basics: What F-1 Students Can and Cannot Do International students on an F-1 visa have several avenues for lawful employment, but each comes...