Laborsphere

H-1B Cap Reached for Fiscal Year 2026 and Potential Process Changes Ahead

U.S. Citizenship and Immigration Services (USCIS) announced it has received enough petitions to meet the annual numerical allocation of 85,000 H-1B visas for fiscal year 2026. Also, a new proposed rule titled “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions” is currently pending with the White House Office of Management and Budget’s Office of Information and Regulatory Affairs. While the exact content is unclear, it is expected to have a significant impact on how H-1B cap-subject numbers are allocated.

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Florida’s CHOICE Act Takes Permitted Employer Protections to a New Level

Although Florida law has been considered noncompete friendly for some time, the CHOICE Act — which took effect July 3 — takes permitted employer protections to a new level, making lengthy garden leave and noncompete provisions per se permissible for individuals who earn more than a relatively modest threshold and have access to and work with confidential information. Florida employers thus should consider whether to take advantage of the new law with current or future employees and independent contractors to enhance protection of their confidential information and customer relationships.

To view the full alert, visit the Faegre Drinker website.

Humanitarian Parole for Cubans, Haitians, Nicaraguans and Venezuelans (CHNV): What’s the State of Play?

The Trump administration terminated a humanitarian parole program for beneficiaries from Cuba, Haiti, Nicaragua and Venezuela (CHNV). The Department of Homeland Security is now proceeding with terminating all parole granted under the CHNV program and revoking related employment authorization documents (EADs) regardless of the existing parole and EAD expiration date. A new “Status Change Report” was launched for E-Verify-enrolled employers that allows them to identify CHNV EADs that have been revoked. However, there is no clear guidance for employers who may have employees who presented and continue to have unexpired EADs issued under this program.

To view the full alert, visit the Faegre Drinker website.

Temporary Protected Status (TPS): What’s the State of Play?

Out of 17 countries under active TPS designations at the beginning of 2025, seven, including most recently Honduras and Nicaragua, have now seen protected status terminated. The termination of a country’s TPS designation ends the protection from removal and ability to extend work authorization of beneficiaries from that country. While the fate of the other countries that are still under active TPS designation remains uncertain, employers should be prepared for similar terminations based on the Trump administration’s actions thus far. Employers need to know their workforce, screen their employees for other benefits, and consider moving them to a true nonimmigrant status, where possible.

To view the full alert, visit the Faegre Drinker website.

UK’s 1 July 2025 Statement of Changes to the Immigration Rules

On 1 July 2025, the Home Office published the latest Statement of Changes to the Immigration Rules. This update delivers two major policy reforms: significant changes to the Skilled Worker route and the immediate closure of the Afghan Relocations and Assistance Policy to new principal applicants. We summarise the key developments.

To view the full alert, visit the Faegre Drinker website.

Minnesota Lawmakers Make Modest Changes to Earned Sick & Safe Time and Paid Leave as Programs Move Towards Full Implementation

During the 2025 Minnesota legislative session, as part of the omnibus Workforce, Labor and Economic Development bill, lawmakers included a few targeted amendments to both the Earned Sick and Safe Time (ESST) and the Minnesota Paid Leave (MPL) laws. These changes become effective in 2025 and 2026, and clarify certain provisions, as well as adjust implementation of the laws.

As all employers prepare for the MPL program to take effect on January 1, 2026, many are in the process of determining whether the state plan or an equivalent plan is the better option.

To view the full alert, visit the Faegre Drinker website.