Advertise on podcast: Statutes of Liberty

What would a $70,000 fee on Optional Practical Training (OPT) mean for your institution, your students, and the employers who hire them? In this episode, host Elise Fialkowski is joined by Ian Wilson to break down the Department of Homeland Security’s (DHS) proposed rule, published October 8, that would impose significant new fees on F-1 students’ OPT. Drawing on decades of experience advising universities, including Ian’s eight years in-house at a university, they explain how the rule would work, who would pay, and why the timing matters for the spring 2027 OPT cycle. Under the proposal, institutions would pay $70,000 before recommending a student’s initial OPT and $30,000 for any subsequent OPT. Elise and Ian discuss: The proposed timeline, including the November 9 comment deadline and a possible final rule as early as January 2027 Why universities and employers should submit comments, and what makes a comment effective Parallels to the recently enjoined rule eliminating duration of status The rule’s narrow refund provisions and open questions about fees across degree levels How international offices can communicate with current and prospective students What employers with OPT and STEM OPT employees should consider now They also look at how the proposal fits alongside recent changes to Curricular Practical Training (CPT) guidance and H-1B fees. The episode was recorded on October 15, 2026, and as Elise and Ian emphasize, this is still only a proposed rule. Nothing has changed yet. Whether you’re advising international students, managing a university’s immigration program, or hiring OPT talent, this episode offers a clear look at what’s proposed, what isn’t in effect, and how to prepare. Speakers on this episode are: Elise Fialkowski, Partner Ian Wilson, Senior Associate Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

With new H-1B fees, wage rules, and enforcement priorities emerging almost weekly, how can employers and H-1B professionals tell which policies actually matter right now? In this episode of Statutes of Liberty, host Nick Lowrey is joined by Tim D'Arduini, Partner-in-Charge of the firm's Washington, D.C. office, to walk through the H-1B policies proposed, implemented, and challenged in court over the past several months. Recorded on October 5, 2026, the conversation captures where each policy stands at that moment and what employers and visa holders should expect next. Nick and Tim cover the policies that most directly affect employers, including: The $100,000 H-1B fee under the 2025 Presidential Proclamation, its recent extension, and the court rulings that have kept it from being collected The separate $103,265 fee proposed by the Department of Homeland Security (DHS) for cap-subject petitions The Department of Labor's proposed prevailing wage increases DHS's forthcoming H-1B reform rule and a new Executive Order calling for closer review of employers that have conducted layoffs They also discuss policies affecting H-1B workers and their families, including international travel and visa appointment delays, the proposed elimination of the 60-day grace period following a job loss, and the potential rescission of work authorization for certain H-4 spouses. Throughout, Tim emphasizes scenario planning over alarm and explains why many of these policies are likely to face legal challenges. Whether you're an HR leader planning for next year's H-1B lottery or an H-1B professional weighing your options, this episode offers a clear snapshot of today's H-1B landscape and practical steps to prepare for what may come next. Speakers on this episode are: Nick Lowrey, Senior Associate Tim D’Arduini, Partner Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. cSchedule a consultation here. See omnystudio.com/listener for privacy information.

What happens when "duration of status" disappears for the first time in decades, and what should students, scholars, physicians, and the institutions that sponsor them do to prepare? In this episode of Statutes of Liberty, host Tim D'Arduini, is joined by colleagues Anabel Nataros and Nigel James to unpack a new DHS rule eliminating duration of status (D/S) for F-1, J-1, and I visa holders, effective September 15, 2026. The change replaces the open-ended D/S notation with a fixed expiration date tied to each program, reshaping how individuals and their sponsoring institutions manage compliance. The conversation walks through how the transition period works, including the four-year cap that applies even to longer programs like PhDs and medical residencies, and why international travel on or after September 15, 2026 immediately triggers the new fixed-expiration rule. Tim, Anabel, and Nigel also cover: The importance of monitoring I-94 records after every international trip, including common CBP errors that can shorten a stay New extension-of-status filing requirements, timing, and the absence of premium processing for these applications Practical steps universities, hospitals, and employers can take now to review, refine, and reduce friction for impacted populations The shortened grace period at the end of a program, cut from 60 to 30 days Advocacy and litigation avenues available to affected stakeholders Whether you're a university international student office, a hospital sponsoring physicians in training, or an individual currently in F, J, or I status, this episode offers a clear roadmap for navigating the new rule before it takes effect. Speakers on this episode are: Tim D'Arduini, Partner Anabel Nataros, Senior Associate Nigel James, Associate Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

Once someone is eligible to file for naturalization, is it just a formality? Or are there hidden pitfalls that can delay, deny, or even undo an application? In the second episode of our two-part naturalization series, host Karuna Simbeck is joined by colleagues Megan Kludt and Stacy Shore to build on the first episode's overview of naturalization eligibility. This conversation digs into the issues that can often surprise applicants in the process of becoming a US citizen. Karuna, Megan, and Stacy discuss the criminal and moral character issues that can jeopardize a naturalization case – and in some circumstances, even an existing green card – along with why full disclosure to counsel remains essential even for issues already raised in a prior green card filing. They also cover how applicants can document good moral character through letters, affidavits, and other supporting evidence. Karuna, Megan, and Stacy also cover the waivers, exemptions, and alternate pathways available to applicants who don't fit the standard mold, including: The medical disability waiver (Form N-648) for the English and civics requirements Age- and residency-based exemptions from the English language test Reasonable accommodations for applicants with disabilities Religious or conscientious objector exemptions Special rules for overseas assignments, spouses of US citizens working abroad, and military service members The circumstances under which citizenship can later be revoked Whether you're preparing for a straightforward filing or navigating a more complicated immigration history, this episode offers practical guidance for anticipating and addressing naturalization's trickiest issues. Speakers on this episode are: Karuna Simbeck, Partner Megan Kludt, Senior Associate Stacy Shore, Senior Counsel Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

What does it actually take to trade in a green card for a US passport, and why might now be the right time to start that process? In the first installment of a new two-part series on naturalization, host and attorney at Klasko Immigration Law Partners, Megan Kludt, is joined by Stacy Shore and Karuna Simbeck to break down what it means to become a US citizen, and why the topic feels especially timely right now. Megan, Stacy, and Karuna walk through the practical advantages of naturalization, including: Eliminating the need to renew a green card every ten years Access to a US passport, which can ease international travel and reduce scrutiny at reentry Protection from the removal and detention risks that lawful permanent residents can face The right to vote in federal, state, and local elections Eligibility for certain federal jobs, security clearances, and grants An easier path to sponsoring family members The option to retain citizenship in another country, since US law does not require giving it up The conversation also covers eligibility and residency requirements, how continuous residence and physical presence are calculated, and why extended time outside the US can put an application at risk. Whether you're a green card holder considering your next step or simply want to understand the process, this episode lays out the practical benefits, requirements, and process in becoming a US citizen. Speakers on this episode are: Megan Kludt, Senior Associate Karuna Simbeck, Partner Stacy Shore, Senior Counsel Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

What does USCIS's new approach to adjustment of status mean for green card applicants, and how does it reshape the choice between staying in the U.S. and processing abroad? In this episode of Statutes of Liberty, host and Senior Associate at Klasko Immigration Law Partners, Natalia Gouz, is joined by Partner Jessica DeNisi, who brings additional insight from her background with the U.S. Department of State. Natalia and Jessica unpack USCIS's May 2026 policy memo on adjustment of status, examining what the memo says, what's played out in practice in the weeks since its release, and what it could mean for anyone weighing their green card options. Natalia and Jessica walk through the firm's initial response to the memo, discuss the strategy of interfiling positive equities evidence into pending applications, and highlight why the policy shift carries particular weight for EB-5 investors, given the program's upcoming grandfathering deadline. Additionally, they share what's been observed at adjustment of status interviews since the memo took effect, including new questions from officers, inconsistent approaches across field offices, and a mix of requests for evidence, rescheduled interviews, and approvals without incident. Drawing on her State Department background, Jessica also offers a detailed look at consular processing: how it differs from adjustment of status, how the timeline unfolds through the National Visa Center, and why switching from adjustment of status to consular processing later in the process is far more difficult than the reverse. Whether you're weighing your own green card strategy or advising employees through this shift, this episode offers practical guidance for navigating USCIS's evolving discretionary framework. Speakers on this episode are: Natalia Gouz Jessica DeNisi Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

Your organization enrolled in E-Verify to strengthen compliance, but could that same program now be the source of your next government audit? In the final episode of Klasko Immigration Law Partners' Worksite Compliance mini-series, host Nick Lowrey, Senior Associate in Klasko's Washington, D.C. office, is joined by John Fay, Director of Product Strategy at Equifax Workforce Solutions. With two decades of experience in I-9 and E-Verify compliance and a background that spans both law and technology, John brings a uniquely practical perspective to one of the most misunderstood enforcement tools currently being deployed against employers. Nick and John break down what an E-Verify desk audit (officially called a "desk review") actually looks like in practice, including audit triggers, typical government requests, common pitfalls, and potential consequences of non-compliance. Whether you're a current E-Verify participant, considering enrollment, or simply trying to understand how worksite compliance enforcement is evolving, this episode offers a clear-eyed, practical guide to protecting your organization. Speakers on this episode are: Nick Lowrey, Klasko Immigration Law Partners John Fay, Equifax Workforce Solutions Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. Connect with Equifax Workforce Solutions: Learn more at equifax.com. Follow on LinkedIn. See omnystudio.com/listener for privacy information.

What happens when Homeland Security Investigations (HSI) serves your company with an I-9 Notice of Inspection, and what should employers do in those critical first hours? In the third episode of our Worksite Compliance series, host Nick Lowrey is joined by John Connolly, Senior Managing Director at Guidepost Solutions and former Deputy Executive Associate Director of HSI. Drawing on decades of enforcement experience, John provides an insider’s perspective on how I-9 audits are initiated, the common triggers behind Notices of Inspection, and what employers can expect throughout the inspection process. Nick and John discuss practical steps employers can take to reduce risk, including conducting proactive audits, establishing response protocols, training key personnel, and maintaining organized records. They also examine recent ICE guidance that may increase employer liability by treating more I-9 errors as substantive violations. Whether you're preparing for a potential audit or reviewing your current compliance program, this episode offers practical insights into navigating today's evolving enforcement environment. Speakers on this episode are: Nick Lowrey, Klasko Immigration Law Partners John Connolly, Guidepost Solutions Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. Connect with Guidepost Solutions: Learn more on com. Follow on LinkedIn and X. See omnystudio.com/listener for privacy information.

How can employers stay ahead of I-9 reverification deadlines and avoid risks associated with the use of electronic I-9 systems and E-Verify ? In  part two of the second episode of our worksite compliance series, host and Senior Associate at Klasko Immigration Law Partners, Natalia Gouz, continues her conversation with Partner and Co-Chair of the Corporate Immigration Practice Group, Elise Fialkowski, to discuss how employers can strengthen I-9 compliance beyond the onboarding process. Natalia and Elise explore key issues that often create risk for employers, including reverification obligations, tracking expiring work authorization, avoiding document abuse during reverification, and understanding the limitations of electronic I-9 systems. The episode also discusses E-Verify, including why it is not a substitute for Form I-9, how it offers benefits but may also create compliance risks, and why employers should carefully evaluate their systems, training, and internal policies before relying on electronic tools. For employers navigating today’s evolving enforcement environment, this episode offers practical strategies for maintaining audit-ready records, reducing potential liability, and strengthening workplace compliance programs. Speakers on this episode are: Natalia Gouz Elise Fialkowski Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

How can employers strengthen their I-9 practices before ICE comes knocking, and what are the biggest compliance risks companies overlook? In the first part of our next episode in our worksite compliance series, host and Senior Associate at Klasko Immigration Law Partners, Natalia Gouz sits down with Partner and Co-Chair of the Corporate Immigration Practice Group, Elise Fialkowski, to break down the fundamentals of I-9 compliance and the growing enforcement risks employers face. Natalia and Elise discuss practical steps employers can take to improve compliance, including training staff, avoiding common document verification mistakes, maintaining audit-ready records, and implementing effective internal review procedures. The episode also explores recent developments in ICE guidance that may expand the scope of substantive I-9 violations and increase employer liability during audits. Whether you’re reviewing your onboarding procedures or preparing for a potential government inspection, this episode offers practical, real-world strategies to strengthen your company’s immigration compliance program. For employers navigating today’s evolving enforcement environment, this episode offers practical strategies for minimizing risk and strengthening workplace compliance programs. Speakers on this episode are: Natalia Gouz Elise Fialkowski Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

What makes an employer a target for ICE enforcement, and what should you do if agents show up at your workplace? In the first episode of our worksite compliance series, host Nick Lowrey is joined by Klasko’s Partner-in-Charge of the DC office, Tim D’Arduini, to break down how ICE and Homeland Security Investigations identify employers for enforcement actions. They discuss high-risk industries, the role of government data sharing, and how prior audits or inconsistencies can trigger scrutiny. Nick and Tim also walk through what enforcement can look like in practice, from administrative and judicial warrants to large-scale raids. Listeners will learn practical tips on managing these interactions, building a response protocol, training their teams, and preparing for the legal, operational, and reputational risks that can follow. Whether you’re a small business or a large organization, this episode offers a clear, real-world look at how to prepare for today’s enforcement landscape. Speakers on this episode are: Nick Lowrey Tim D’Arduini Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

Worksite immigration enforcement is on the rise—and employers need to be ready. In this special relaunch episode of Statutes of Liberty, Klasko Immigration Law Partners introduces a new series focused on one of the most pressing issues facing organizations today: immigration compliance and enforcement preparedness. Across four focused episodes, Klasko attorneys and special guests will cover: How to prepare for ICE worksite enforcement actions What to expect during audits, raids, and inspections I-9 compliance fundamentals and common risk areas E-Verify enforcement and proactive compliance strategies Preparation is no longer optional – it’s essential.Follow Statutes of Liberty to stay informed and be ready for what’s ahead. Speakers on this special intro episode are: William (Bill) Stock Natalia Gouz Nick Lowrey Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

An EB-1B visa petition can be very intimidating, especially for scholars, professors, and researchers still early in their careers. However, the category’s ambiguous requirements can be used to the benefit of a foreign national early in their career. In this episode, Klasko EB-1 attorneys Anu Nair, Allie Dempsey, and Nigel James discuss how they would advise clients on strengthening their cases for success when applying for an EB-1B Outstanding Researcher or Professor. Klasko’s distinguished EB-1 team discusses: What is an EB-1B and who is eligible? What are the criteria and requirements? How can professors use their teaching experience? How can researchers use their experience? What documents can be used for evidence? Are there any alternatives to an EB-1B? The Klasko EB-1 team has extensive experience handling EB-1B petitions for professors, researchers, and scholars. For more information on this topic, read Nigel’s recent blog: Considerations For Early-Career Scholars and EB-1B Outstanding Researcher/Professor Petitions Speakers on this episode are: Anu Nair Allie Dempsey Nigel James Stay connected with us: Follow us on LinkedIn, X (Twitter), Instagram, and Facebook. Sign up for newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

With a large wave of layoffs reported in November 2022, many H-1B visa holders worry about what their next steps should be. In this podcast episode, Anu Nair speaks with partner Bill Stock and senior associate Maria Mihaylova to discuss the potential impact of recent layoffs occurring in the different industries and how they affect H-1B employees. As concerns rise for H-1B employees, Klasko attorneys address these pressing questions on what you need to know in the case of an H-1B layoff. How long can an H-1B worker remain in the U.S. once they have been laid off? What happens if a new H-1B employer is found within the grace period? Is a change of status an option during the grace period? If unable to find a new employer within the grace period, what will be the cost of a return trip home? Are F-1, O-1, or J-1 visas an option to return to the U.S.? Do you get to keep your priority date if your previous employer filed your I-140 petition? Can you still get a green card approved if you no longer have a job offer with the I-140 employer? What are some self-sponsor options for people who are not able to find a petitioning employer? For more information on this topic, read our latest blog and infographic: I Have an H-1B Visa and Just Got Laid Off. What Do I Need to Know? Speakers on this episode are: Bill Stock Anu Nair Maria Mihaylova Stay connected with us: Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat Sign up for newsletter and email updates Schedule a consultation here. See omnystudio.com/listener for privacy information.

Ron Klasko and Dan Lundy, both partners with Klasko Immigration Law Partners, talk with Anu Nair about a major litigation victory on which they were co-counsel. The litigation is significant because USCIS had put restrictions on the EB-5 regional center program that went beyond what Congress intended when it reinstated the program in March 2022, which would have killed the program for years. Anu Nair asks Ron Klasko and Dan Lundy to explain the importance and the details of the settlement and what it means for regional centers and investors moving forward: Why was the litigation necessary to reopen the program? What are the terms of the litigation settlement? Are all the regional centers active again? What is the difference between the forms I-956 and the I-956F? What documents can investors use now to file their petitions? What is the likelihood of issues with regional center recertification? Will there be any deference given to previously approved regional centers and projects? What happens to investors if their regional centers don’t continue in the program? What more communication will the EB-5 industry have with USCIS in the future? Thank you to  our clients, who were plaintiffs in this litigation: EB-5 Capital, CanAm Enterprises, Civitas Capital Group, Golden Gate Global, Pine State Regional Center, and IIUSA. Without their intervention, the EB-5 regional center program would still be inactive today. Please email us at [email protected] with any questions you have on this topic. Speakers on this episode are: Ronald Klasko Daniel B. Lundy Anu Nair Stay connected with us: Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat Sign up for newsletter and email updates Schedule a consultation here. See omnystudio.com/listener for privacy information.