On Oct. 20, 2025, the U.S. Citizenship and Immigration Services provided additional information regarding implementation of the Restriction on Entry of Certain Nonimmigrant Workers Proclamation. The Guidance addresses which H-1B petitions are subject to the Proclamation, how and when to pay the fee and information on requesting an exception to the fee.

Continue Reading What employers need to know about USCIS guidance implementing the $100,000 H-1B petition fee

On Sept. 19, 2025, President Donald J. Trump issued a Proclamation significantly restricting the entry of certain H-1B nonimmigrant workers. As details about the impact of the Proclamation will continue to emerge over the coming days, our current understanding is that it does not affect beneficiaries of approved petitions or those who are in possession of valid H-1B nonimmigrant visas. We understand that the ability of current H-1B visa holders to leave the United States and re-enter is not affected. According to current White House information, the entry restriction will first be applied to beneficiaries who are the recipients of H-1B cap numbers after the next lottery cycle in 2026. Our understanding of the Proclamation will continue to evolve as more detail is shared about its impact and intent, so we encourage you to regularly check back here for updates and clarifications.

Legal challenges are expected, particularly regarding the payment requirement and its consistency with existing immigration law and precedent. We will continue to monitor developments and provide updates as more guidance becomes available. Key aspects of the Proclamation include:

$100,000 payment requirement

  • All H-1B petitions (Form I-129) filed on behalf of foreign nationals outside the United States now must include a payment of $100,000.
  • This is a mandatory prerequisite for petition approval, visa approval, and entry under the H-1B classification.

Limited exceptions

  • Exceptions may be made by the Secretary of Homeland Security for certain individuals, companies, or industries, if the Secretary deems that the hiring of these employees is deemed in the national interest and not detrimental to the economic or security interests of the United States.

Enforcement and compliance

  • Employers must pay the $100,000 prior to filing an H-1B petition on behalf of a foreign national who is outside the United States, and employers must retain records of the payment.
  • U.S. embassies, consulates, and ports of entry will verify payment prior to issuing visas and permitting entry of H-1B nonimmigrants.
  • The Departments of Homeland Security and State will coordinate to enforce entry restrictions.

Revised prevailing wage standards

  • Agencies are directed to initiate rulemaking to update prevailing wage standards under the H-1B program, aimed at curbing perceived wage undercutting.

Priority for high-skilled, high-paid workers

  • Future regulatory changes will prioritize the selection and approval of H-1B applicants with higher salaries and skills, in line with the administration’s “merit-based” immigration goals.

Duration and review process

  • The Proclamation remains in force for 12 months, unless revoked or extended.
  • A formal review will occur within 30 days following the next H-1B lottery. A joint recommendation from the Secretaries of Homeland Security, State, and Labor and the Attorney General will advise on whether the restriction should be extended.

Please reach out to our immigration counsel if you require assistance evaluating how this policy may affect your workforce or planning.

On July 1, 2025, Ohio became the 15th state to enact a “Mini-WARN” Act when Governor Mike DeWine signed Ohio House Bill 96, the biennial budget bill, into law. The new statute, codified at Ohio Revised Code § 4113.31, takes effect on Sept. 29, 2025, and introduces expanded notice obligations for employers facing plant closures or mass layoffs.

Federal requirements

The federal Worker Adjustment and Retraining Notification Act (WARN) was enacted to give workers and communities time to prepare for the economic impact of significant job losses. Under the federal WARN Act, employers with 100 or more full-time employees must provide at least 60 calendar days’ written notice before a plant closing or mass layoff if one of the following conditions are met:

  • A plant closure affects 50 or more employees at a single site of employment in a 30-day period; or
  • A mass layoff results in job losses of 50 or more employees, provided that number represents at least 33% of the workforce, or the job loss affects 500 or more employees during any 90-day period

If WARN is triggered, employers must notify affected employees, their union representatives (if applicable), local government officials and state dislocated worker units. Failure to comply can result in penalties of up to 60 days of backpay and benefits per affected employee.

New requirements under R.C. 4113.31

Like the federal WARN Act, Ohio’s new law applies to employers with 100 or more employees. When there is a qualifying employment loss, Ohio requires employees to be notified 60 days in advance. However, employers in Ohio need to be aware of several key differences.

Unlike the federal WARN Act, Ohio’s Mini-WARN statute does not require that the laid-off employees comprise at least 33% of the workforce. This means that any layoff of 50 or more employees at a single site within a 30-day period triggers the notice requirement, regardless of the total workforce size.

Ohio’s Mini-WARN also modifies the content and necessary recipients of WARN Notices. When a plant closing or mass layoff occurs, employers in Ohio must send WARN Notices to any union representative, affected employees and select government officials. Ohio’s law expands the list of required recipients. In addition to notifying affected employees and union representatives, employers must also send notices to the Director of Ohio Department of Job and Family Services, the chief elected official of the municipality and the chief elected official of the county where the layoff or closure occurs.

The Ohio Mini-WARN Act outlines specific content requirements for the notices sent to union representatives, affected employees and government officials. These requirements are tailored to each recipient group and include more information than those required under federal WARN, as follows:

Notice to union representatives

  • The location of the affected facility
  • The reason for the plant closing or mass layoff and whether the employment loss is permanent or temporary
  • The start date of the plant closing or mass layoff
  • The total number of affected employees by job title and department or division

Notice to affected employees

  • The reason for the plant closing or mass layoff and whether the employment loss is permanent or temporary
  • The expected date of the plant closing or mass layoff and when it is expected to impact the employee
  • Whether the employee has bumping or reemployment rights
  • Description of unemployment benefits
  • Contact information for the employer representative responsible for answering questions
  • A description of available support services

Notice to government officials

  • All the information provided to union representatives and affected employees
  • A description of any actions the employer took to mitigate the impact of the employment loss
  • The name and address of any union representatives
  • A copy of the notice provided to affected employees

The attorneys at Porter Wright Morris & Arthur LLP regularly advise employers on plant closures, mass layoffs and other related issues. If you have any questions or need assistance, please reach out.

In stark contrast to many state movements reducing the effectiveness of non-compete agreements, Florida made the CHOICE to move in a different direction. As of July 1, 2025, Florida has enacted the Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth Act (the CHOICE Act) now codified at Sections 542.41-542.45, Florida Statutes. This law represents a major shift in how certain restrictive covenants in employment agreements—specifically non-compete and garden leave agreements—can be drafted and enforced against certain employees.

Continue Reading Florida’s choice to enforce non-compete agreements
nlrb-board-quorum

The National Labor Relations Board (NLRB), the entity responsible for deciding cases brought under the National Labor Relations Act and reviewing decisions by lower-level administrative law judges, has been without a quorum since the beginning of this year. The NLRB is a quasi-judicial body that can have up to five members but needs at least three to establish a quorum in order to issue new decisions and to overturn decisions and priorities established by the prior administration.   

Continue Reading The NLRB’s quorum likely to return

On June 4, 2025, President Trump signed a proclamation restricting travel to the United States of nationals from 19 countries. The proclamation is a result of a Jan. 20, 2025 Executive Order issued to reaffirm the Trump administration’s commitment to stricter national security policies. The restrictions, effective 12:01 am EDT on Monday, June 9, 2025, are based on concerns over terrorism, inadequate vetting, failure to accept removable nationals and high visa overstay rates.

Continue Reading President Trump imposes travel restrictions on nationals of 19 countries

What is the new non-U.S. citizen registration requirement?

The law requires non-U.S. citizens residing in the United States to register with the Department of Homeland Security (DHS), providing personal information such as fingerprints and home addresses. The new rule aims to enhance national security and ensure compliance with U.S. immigration laws.

Continue Reading Department of Homeland Security’s non-U.S. citizen registration requirement

After President Trump’s DEI-related Executive Orders and Presidential Acts, employers have grappled with their DEI policies. Employers now have some agency guidance on what the Trump Administration considers illegal DEI practices and potential implications. The documents linked below focus on “educating the public about unlawful discrimination related to ‘diversity, equity and inclusion’ in the workplace.”

Continue Reading What employers need to know about the EEOC’s guidance regarding discrimination related to DEI and Title VII