Labor & Employment Developments Blog

On Friday, July 24, 2026, the US Court of Appeals for the First Circuit denied the government's motion to put its $100,000 H-1B fee in effect while the challenge against it remains pending.

Most employers understand that employees who take or formally request leave under the Family and Medical Leave Act (FMLA) are protected from retaliation. In a decision issued on May 14, 2026, the Sixth Circuit (covering Kentucky, Michigan, Ohio, and Tennessee) clarified that those protections may begin even earlier. In Paris v. MacAllister Machinery Co., the Court held that an employee’s request for FMLA paperwork may constitute protected activity – even if the employee never completes or returns the paperwork.

On Friday, July 17, 2026, the Department of Homeland Security (DHS) published in the Federal Register a Final Rule detailing sweeping new requirements for students who wish to maintain their status in the US. Instead of Duration of Status (D/S), DHS will now grant students a period of admission with a fixed end-date to match a student’s I-20, no more than a 4-year period. This will require students to file for extensions of status when a program takes longer than initially intended, when changing to a new program, and when completing practical training associated with their degree program.