Attorney Debora Medina

DACA’s Potential Return: What This Means for Dreamers and Employers In response to the ongoing Texas v. United States case, the federal government has proposed resuming the processing of initial Deferred Action for Childhood Arrivals (DACA) applications. However, under the current proposal, DACA applicants residing in Texas would not be eligible for employment authorization. The…

DOL Interim Final Rule on H-2A Adverse Effect Wage Rates (AEWR) On October 2, 2025, the Department of Labor (DOL) published an Interim Final Rule (IFR) revising how it calculates the Adverse Effect Wage Rate (AEWR) for H-2A agricultural workers in non-range occupations. This change comes after the prior 2023 AEWR rule was vacated in…

A Turning Point for CDL Regulation: The DOT’s Emergency Ruling on Non-Domiciled CDLs The U.S. Department of Transportation (DOT), through the Federal Motor Carrier Safety Administration (FMCSA), issued an emergency interim final rule that sharply tightens the eligibility for individuals who are not citizens or permanent residents (Non-domiciled) to obtain commercial driver’s licenses (CDLs) and commercial learner’s…

New I-94 Arrival/Departure Record Fees U.S. Customs and Border Protection (CBP) has officially announced new and increased fees for I-94 forms, as required under H.R. 1 (“One Big Beautiful Bill Act,” Public Law 119‑21). The updated fees took effect on September 30, 2025, and apply to I‑94 forms at land borders, Electronic System for Travel…

E-Verify Unavailable Due to Government Shutdown As of October 1, 2025, E-Verify is temporarily unavailable because of a lapse in federal funding and statutory authority. During this time, employers will be unable to enroll in E-Verify, create E-Verify cases, view or take action on any case, add, delete, or edit any user account, reset passwords,…

Potential U.S. Government Shutdown in October 2025: What Employers and Visa Applicants Need to Know We would like to inform you that a U.S. federal government shutdown is possible at the start of Fiscal Year 2026, on October 1, 2025, due to ongoing budget negotiations in Congress. While no shutdown has been officially announced, we…

Navigating TPS Updates: Risks, Alternatives, and Compliance for Businesses Temporary Protected Status (TPS) is a humanitarian program that allows nationals from certain countries experiencing conflict, disaster, or other extraordinary conditions to live and work legally in the United States. While TPS provides vital relief for individuals, it is designed to be temporary and does not…

Presidential Proclamation Restricting Entry of H-1B Workers On September 19, 2025, President Trump issued a proclamation titled Restriction on Entry of Certain Nonimmigrant Workers, effective 12:01 a.m. EDT, September 21, 2025, and expiring after one year (subject to extension). The proclamation invokes INA §212(f) and imposes a $100,000 fee on H-1B workers seeking to enter…

ICE Worksite Visit Guidelines Who is ICE? The U.S. Immigration and Customs Enforcement (ICE) was established in 2003. ICE was granted by the Congress a unique combination of civil and criminal authorities in answer to the tragic events on 9/11. Leveraging those authorities, ICE is primarily responsible for immigration enforcement in the interior of the…

Ready for Next Year? Get Prepared with the H-2B Visa The H-2B visa program continues to be an essential tool for U.S. employers facing seasonal or peak-load labor shortages. In a recent webinar hosted by our team, we discussed the fundamentals of the program, common challenges, and strategies that employers can use to improve their…

USCIS Clarifies Discretionary Factors in Immigration Benefit Requests On August 19, 2025, USCIS updated its Policy Manual to clarify how officers apply discretion in certain benefit requests. The update is effective immediately and applies to pending and future requests. USCIS officers must weigh positive vs. negative factors when discretion is required. Any connection to terrorism, antisemitic extremism, or anti-American activity carries overwhelming…

I-94s, Grace Periods, & Compliance: What Employers Need to Know About Legal Status Verification At Farmer Law PC, we regularly remind clients that entering the U.S. legally does not automatically mean a worker is in full compliance with immigration regulations. One of the most important—but often overlooked—documents in confirming lawful status is the Form I-94. In…