Glen Krebs is a member of the Firm's Labor & Employment Service Team. He concentrates his practice in international and immigration law.
On September 19, 2025, the Trump administration issued a proclamation that appeared to require a $100,000 payment for a noncitizen to enter the United States with an H-1B visa after 12:01 am Eastern Time on September 21. This caused many U.S. employers and H-1B workers to panic. Within 24 hours, the administration clarified that the $100,000 fee ...
The American Immigration Lawyers Association (AILA) recently released a flyer regarding Deferred Action for Childhood Arrivals (DACA). The flyer includes information regarding DACA renewal, application for permission to travel internationally, and the current status of the DACA program. The AILA flyer is available here.
If you have ...
On September 19, 2025, President Trump signed a Presidential Proclamation requiring an additional $100,000 fee for H-1B visa petitions. This is a drastic increase on the typical fees associated with H-1B visas. This concerning news has caused a large amount of confusion. The White House, U.S Citizenship and Immigration Services ...
By: Glen M. Krebs & Glen W. Krebs
The H-1B cap registration period for FY2026 will be held from March 7, 2025—until March 24, 2025. During this period, U.S. employers may register current or prospective employees they wish to sponsor for H-1B visa status. The H-1B visa is particularly useful for recent college graduates, just starting their ...
By: Glen M. Krebs and Glen W. Krebs
The Trump Administration recently repealed the restriction on U.S. Immigration and Customs Enforcement’s (ICE) ability to conduct enforcement actions in sensitive areas. These sensitive areas include schools, medical facilities, places of worship, social service agencies, disaster relief sites, and ...
By: Glen M. Krebs and Glen W. Krebs
It is difficult to predict what immigration changes the new administration will implement. However, judging from the prior Trump administration and statements made during the recent campaign, it is safe to assume that president-elect Trump and his administration will attempt to revise many parts of the ...
By: Glen M. Krebs
Form I-9, which is used to verify an employee’s identity and employment authorization, is changing. The new form will be available for employers to use on August 1, 2023, and the form will be mandatory beginning November 1, 2023. Penalties may be imposed for use of the old form I-9 after that date.
Some of the changes to the form include:
By: Glen M. Krebs, with assistance from Will Miller, Wyatt Summer Associate
United States Citizenship and Immigration Services (“USCIS”) announced on March 27, 2023, that it received enough electronic registrations to reach the FY 2024 H-1B cap, including the advanced degree exemption known as the master’s cap. FY 2024 continued its ...
By: Glen M. Krebs
It has been more than 18 years since holders of H-1B and L-1 visas were able to renew their visas in the United States. In 2004, the Department of State changed its policy to require all visa renewals at U.S. consulates outside of the United States. Now, because of continuing backlogs at U.S. consulates, the Department of State has ...
By: Glen M. Krebs
On November 12, 2021, the United States Citizenship and Immigration Services (USCIS) announced that spouses of E and L visa holders were no longer required to apply for an Employment Authorization Document (EAD) to work in the United States. Instead, L-2 and E dependent spouses are authorized to work in the United States just by ...
By: Bethany Beal & Glen M. Krebs
Due to a new Biden Administration policy, certain spouses of H-4, L, or E visa holders will no longer face interruptions to their employment. The new policy can be found here. Highlights of the new policy include the following:
Certain H-4, E, or L dependent spouses qualify for automatic extension of their existing ...
By: Glen M. Krebs & Marianna J. Michael
As of November 8, 2021, the Biden administration’s much anticipated air travel policy is in effect. The policy’s hallmark is that it is consistent across the globe and guided by public health as opposed to restricting travel by country or visa status. Our friends at the American Immigration Lawyers ...
By: Glen M. Krebs, contributing author Glen W. Krebs, Wyatt Summer Associate
On May 25, 2021, The Department of Homeland Security (DHS) made available a supplemental increase of 22,000 visas for H-2B Temporary Non-Agricultural Workers. The H-2B visas are for U.S. businesses that will likely suffer irreparable harm without the ability to employ ...
As has been widely-reported, the Biden Administration is rapidly making immigration changes in his first few days in office and proposing others to Congress. The American Immigration Lawyers Association has published a summary of the changes to date which is available here.
The following article was written by Wyatt's Glen Krebs on behalf the American Immigration Lawyers Association ("AILA"). The AILA is the national bar association of immigration lawyers comprised of over 15,000 members located in every state in the United States and worldwide.
Here’s What We Know
On April 22, 2020, President Trump issued a ...
By Glen Krebs
On Jan. 31, 2020, USCIS published the Form I-9 Federal Register notice announcing a new version of Form I-9, Employment Eligibility Verification, that the Office of Management and Budget approved on Oct. 21, 2019. This new version contains minor changes to the form and its instructions. Employers should begin using ...
By Glen Krebs and Roger Morris
U.S. Citizenship & Immigration Services recently implemented a new rule that fundamentally changes how inadmissibility on the grounds of “public charge” will be determined. The rule establishes a new, and more burdensome, test to determine whether an immigrant applying to enter the U.S., filing for a visa ...
By Glen Krebs. Roger Morris, who recently passed the Kentucky Bar Exam, contributed to this article.
Last month, the Department of Homeland Security (“DHS”) published a final rule set to go into effect October 15, 2019 governing the Immigration and Nationality Act’s provisions on public charge grounds of inadmissibility. The final ...
By Glen Krebs
We have heard a lot recently about the H-1B CAP. The U.S. Citizenship and Immigration Services (“USCIS”) just completed its lottery to select which H-1B visa applications it will review. They will soon start to return the applications and fees for those cases that were not selected in the lottery. Next year, the process will be ...
By Glen Krebs
The Department of Labor’s (“DOL”) Office of Foreign Labor Certification (“OFLC”) has announced a plan to change the way it handles the ETA-9142B form which begins the H-2B application process. Beginning July 3, 2019, all H-2B applications submitted to the National Processing Center (“NPC”) in the first three days of ...
By Glen Krebs
Seven months ago, U.S. Immigration and Customs Enforcement (“ICE”) Deputy Director Thomas Homan issued a directive that called for increased worksite enforcement investigations to ensure U.S. businesses maintain a culture of compliance. ICE recently announced that the agency’s Homeland Security Investigations ...
By Glen Krebs
On April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced multiple measures to further deter and detect H-1B visa fraud and abuse. On April 4, 2017 the U.S. Department of Labor (DOL) announced plans to protect U.S. workers from H1B program discrimination by providing greater transparency and oversight. These ...
By Glen Krebs
Beginning January 22, 2017, Employers must use the new Form I-9 when hiring a new employee. The new form is dated 11/14/2016. The old form (dated 03/08/2013) will not be acceptable for a date of hire after January 22, 2017. The old and new forms are not too different. Regarding the new form, United States Citizenship and Immigration ...
By Glen M. Krebs
The U.S. Citizenship and Immigration Services (USCIS) is reminding all employers that beginning today, May 7, 2013, they must start using the revised Form I-9, Employment Eligibility Verification (Revision 03/08/13)N for all new hires and reverifications.
All employers are required to complete and retain a Form I-9 for each ...
By Glen M. Krebs
The United States District Court for The Northern District of Florida (Pensacola Division) in the case of Bayou Lawn & Landscape Services, et al., v. Hilda Solis, et al., has enjoined the implementation of the H-2B regulations which were scheduled to take effect on April 27, 2012. The new regulations were to change the methods and ...
By Glen Krebs
Several lawyers have indicated that clients have received I-9 audit letters. It is estimated that at least 500 employers nationwide will be receiving Notices of Inspection (NOIs) in the coming weeks. The inspections could lead to civil penalties and even criminal indictments.
NOIs will include requests for hiring, payroll ...
By Glen M. Krebs
On May 26, 2011, the U.S.Supreme Court in Chamber of Commerce of the United States of America v. Whiting, 563 U.S. ____ (2011) upheld the Legal Arizona Workers Act. This case does not involve the (in)famous SB 1070 Arizona law which requires police to check the immigration status of individuals in certain circumstances (several ...
By Glen M. Krebs
If you have questions about completing or storing I-9 forms you can now go to a USCIS website to find answers. On May 13, 2011 the USCIS launched ‘I-9 Central,’ at www.uscis.gov/i-9central. I-9 Central includes sections about employer and employee rights and responsibilities, step-by-step instructions for completing the ...
By Glen M. Krebs
No-Match Letters are back.
After a two year hiatus, the Social Security Administration (SSA) has resumed issuing the letters colloquially referred to as “No-Match Letters.” The letters inform employers that an employee’s reported name and the reported social security number do not match. From 1994 to 2007 the letters ...
By Glen Krebs
On December 9, 2009 Secretary Napolitano provided written testimony before the Senate Committee on the Judiciary in which she testified as follows, “ICE is also auditing the books of thousands of employers suspected of relying on illegal labor to achieve an unfair advantage in the marketplace. Indeed, in a single day this past ...
By Glen Krebs
Immigration and Customs Enforcement has issued an announcement that they will be auditing several employers to determine if they are using undocumented workers. ICE will also be reviewing I-9 forms and other employment documents. The attached News Release from ICE explains in more detail. Are your documents in order? If you ...
By Glen Krebs
I recently participated in an American Bar Association Tele-Seminar titled, “We Are a Nation of Immigrants . . . Or Are We? The Obama Immigration Agenda So Far.” The seminar covered E-verify, I-9 completion, and No-Match letters. It also touched on perceived and stated enforcement priorities of the administration and 287(g).
By Glen Krebs
In October 2007 Judge Charles Breyer of the Northern District of California enjoined the implementation of a Department of Homeland Security (DHS) rule regarding safe harbor procedures for employers who receive a No-Match letter from the Social Security Administration (SSA). On August 19, 2009, DHS issued a notice in the Federal ...