U.S. immigration policy affecting skilled workers and young immigrants continues to shift, and the consequences of missing a deadline or misunderstanding a rule change can be serious. For employers sponsoring foreign workers and individuals with DACA status, staying current on policy updates is not optional.
The immigration attorneys at Mandelbaum Barrett PC work with employers, employees, and individuals navigating complex visa and status matters. Below is an overview of key H-1B and DACA developments that workers, families, and businesses in New Jersey and New York should understand.
H-1B Visa Program: Key Updates
The H-1B visa program allows U.S. employers to hire foreign professionals in specialty occupations. Annual cap seasons generate significant competition, and regulatory changes over the past several years have added complexity to both initial petitions and renewals.
USCIS has made several adjustments to the H-1B registration and lottery process. The shift to a beneficiary-centric lottery system was designed to reduce duplicate registrations by employers submitting multiple entries for the same worker. Employers and their legal counsel need to be prepared well in advance of each registration period to avoid missing the window.
Beyond the lottery, H-1B holders and their employers must also track renewal timelines carefully. A lapse in status can have significant consequences for the employee’s ability to remain and work in the United States. According to USCIS, extensions filed before an H-1B status expires may qualify for a period of authorized stay while the petition is pending, but timing is critical.
DACA: Current Status and What Recipients Need to Know
Deferred Action for Childhood Arrivals (DACA) has faced ongoing legal challenges in federal courts, and its long-term future remains uncertain. The program, which provides temporary protection from deportation and work authorization for eligible individuals who arrived in the U.S. as children, has been subject to court rulings that have alternately restricted and partially restored its scope.
USCIS has continued to accept renewal applications from existing DACA recipients in accordance with current court orders. First-time applications, however, remain in a more complex legal posture depending on the most recent court decisions at the time of filing.
DACA recipients and their families should stay in close contact with an immigration attorney to ensure renewals are filed well in advance of expiration and to understand how ongoing litigation may affect their individual circumstances.
Employer Obligations and Compliance
Employers who sponsor H-1B workers or employ DACA recipients face compliance obligations that extend beyond the initial hire. Maintaining proper documentation, responding to any requests for evidence from USCIS, and tracking status expiration dates are all part of ongoing employer responsibility.
Failing to maintain accurate records or missing a renewal deadline can create legal exposure for the employer, in addition to jeopardizing the employee’s ability to work. Companies that regularly hire foreign national workers benefit from working with immigration counsel who can build proactive systems for monitoring status and filing deadlines.
I-9 Compliance and Audit Readiness
Beyond visa sponsorship, all employers have obligations under the Immigration Reform and Control Act to verify the employment eligibility of every worker they hire. Form I-9 compliance is an area where employers frequently accumulate technical violations that create risk if ICE conducts an inspection.
Common I-9 errors include missing or incomplete sections, failure to re-verify workers with temporary work authorization, and improper retention of completed forms. Employers who conduct periodic internal audits of their I-9 practices are better positioned to correct issues before they become the subject of a government inquiry.
Contact Mandelbaum Barrett PC for Immigration Guidance
Whether you are an employer managing H-1B compliance, a skilled professional navigating your visa status, or a DACA recipient with questions about renewal, the immigration attorneys at Mandelbaum Barrett PC are available to help. Our team stays current on the shifting landscape of U.S. immigration law to provide clients with practical, up-to-date guidance.
Reach out through our contact page to schedule a consultation. We work with clients throughout New Jersey and New York on a full range of immigration matters.