Articles and Blogs

On May 21, 2026, U.S. Citizenship and Immigration Services (“USCIS”) released a policy memo limiting the issuance of green cards based on adjustment of status to applicants demonstrating the need for extraordinary relief. The policy memo states that adjustment of status should be a discretionary measure, not an expected benefit. Absent extraordinary circumstances, applicants... READ MORE

Artificial Intelligence (“AI”) is rapidly reshaping the way workplaces function, especially in health care. While AI offers meaningful opportunities to streamline employer processes and increase efficiency, its adoption is outpacing the development of legal standards and governance structures. Moreover, a patchwork of state and local laws that seemingly conflict with current federal policy further... READ MORE

Wisconsin joins the growing list of states granting Advanced Practice Registered Nurses (“APRNs”) full practice authority. Passed in early August 2025, the APRN Modernization Act (the “Act”) will take effect on September 1, 2026, and the license of qualified advanced practice nurses will no longer require that they practice in a collaborative arrangement with... READ MORE

On May 21, 2026, U.S. Citizenship and Immigration Services (“USCIS”) issued a policy memo titled Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process (the “Policy Memo”). According to the Policy Memo, adjustment of status to Lawful... READ MORE

On March 26, 2026, the Eighth Circuit, in Ghosh v. Abbott Lab’ys, Inc., 170 F.4th 1141 (8th Cir. 2026), affirmed the dismissal of whistleblower claims brought by a remote employee whose connections to Minnesota, where the employer was located, consisted of a 12-day visit to the state to participate in mandatory training. Case Background... READ MORE

The U.S. Department of Labor issued a Proposed Rule that would significantly change prevailing wage calculations for foreign workers under the permanent labor certification, H-1B, H-1B1 and E-3 visa programs. At the center of the proposal is an increase in the prevailing wage levels based more heavily on statistically derived wage percentiles from the... READ MORE

On February 23, 2026, the U.S. District Court for the District of Maine (the “Court”) held that a former physician could not compel production of a nonparty minor patient’s medical records in support of her discrimination and whistleblower retaliation claims. Yered v. Eastern Maine Healthcare Systems and Northern Light Eastern Maine Medical Center, Case... READ MORE

The Tenth Circuit recently issued two companion decisions confirming the Occupational Safety and Health Administration’s (“OSHA”) authority to cite employers for workplace violence hazards under the General Duty Clause of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(1) (“General Duty Clause”). In both cases, the Tenth Circuit upheld OSHA’s enforcement actions and the... READ MORE

The fiscal year (“FY”) 2027 H-1B cap season will be the first to operate under a weighted selection system that replaces the prior fully random lottery. Employers should understand how this new process affects both the regular (bachelor’s) cap and the advanced degree (master’s) cap, as it changes selection mechanics but not the overall... READ MORE

The upcoming National Resident Matching Program is expected to be affected by several recent immigration-related developments under the Trump administration that employers should incorporate into their match planning strategy, including nationality-based travel restrictions, the U.S. Citizenship and Immigration Services (“USCIS”) adjudication pause and the $100,000 fee for new H-1B petitions filed on behalf of... READ MORE