The recent settlement agreement between the Department of Justice and SP Plus Corporation, a Chicago based transportation and parking management company, serves as a critical reminder for employers of their responsibilities...more
Navigating the complex intersection of employment practices, technology, and the evolving legal landscape has become increasingly vital for those specializing in immigration compliance and related discrimination law. This...more
On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more
Seyfarth Synopsis: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the “Keeping Families Together” process for certain noncitizen spouses and stepchildren of U.S. citizens. “Keeping...more
8/22/2024
/ Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Spouses ,
Undocumented Immigrants ,
USCIS
On the morning of February 14, 2024, several clients reached out after encountering issues with the photo matching tool in E-Verify. They reported discrepancies where the photos transmitted by E-Verify did not align with the...more
As employers across the country started 2021 with optimism for a better year, E-Verify was stuck in 2020, experiencing a short period of technical trouble. The site was down unexpectedly from Monday, January 5 at 1:53 PM EST...more
Seyfarth Synopsis: Yesterday, the U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. This announcement was...more
On September 15, 2020, Immigration and Customs Enforcement (ICE) announced that employers have an additional 60-day extension to the flexibilities in rules related to Form I-9 completion. This extension relates to the...more
Seyfarth Synopsis: In light of the recent Supreme Court decision, DHS continues the DACA program, but implements new guidance as it conducts a complete review of the program....more
8/28/2020
/ Administrative Procedure Act ,
DACA ,
Deferred Action ,
Department of Homeland Security (DHS) ,
E-Verify ,
Form I-9 ,
Hiring & Firing ,
Immigration and Nationality Act ,
Immigration Procedures ,
National Origin Discrimination ,
New Guidance ,
Trump Administration ,
USCIS
On August 25, the United States Citizenship and Immigration Service (“USCIS”) Deputy Director for Policy, Joseph Edlow, confirmed the agency no longer intends to furlough 13,000 employees at the end of the month. The message,...more
On August 18, 2020, Immigration and Customs Enforcement (ICE) announced that employers have an additional 30-day extension to the flexibilities in rules related to Form I-9 compliance. ...more
8/19/2020
/ Corporate Counsel ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Required Forms ,
USCIS
Posting early morning on July 20, but dated July 18, Immigration and Customs Enforcement (ICE) confirmed that employers have an additional 30-day extension to the flexibilities in rules related to Form I-9 compliance. ...more
As of early Friday morning, July 17, there’s been no announcement by Immigration and Customs Enforcement (ICE) confirming whether it will continue the flexibility granted in the Form I-9 process, temporarily suspending the...more
On June 16, 2020, U.S. Immigration and Customs Enforcement (ICE) once again announced a 30-day extension of flexibility for the remote completion of Form I-9 (Employment Eligibility Verification), and a dispensation from the...more
6/22/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Relief Measures ,
Required Forms ,
USCIS
On May 14, 2020, Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance, initially granted on March 20. The ICE notice extends the ability for employers...more
5/18/2020
/ Coronavirus/COVID-19 ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Relief Measures ,
Required Forms ,
USCIS
In anticipation of the 10/21/19 version of the Form I-9 becoming mandatory for use, on May 1, the U.S. Citizenship and Immigration Service (USCIS) released the new M-274, Handbook for Employers....more
Late Friday afternoon, April 3, 2020, the Department of Homeland Security began to circulate the following questions and answers in response to stakeholders queries on Form I-9 obligations in the midst of COVID-19. ...more
With the closure of Social Security Administration (SSA) offices in the wake of COVID-19, we are receiving questions concerning the impact on work authorization for individuals who may have recently entered the U.S. in a...more
3/31/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
E-Verify ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Hiring & Firing ,
I-94 Cards ,
Immigration Procedures ,
L-1 Visas ,
Social Security Administration (SSA) ,
Social Security Numbers ,
Temporary Work Visas ,
TN-Visas ,
USCIS ,
Visas
Seyfarth Synopsis: E-Verify has offered guidance to employers to address concerns with expiring State Drivers’ Licenses and Identification Documents. The guidance, though, fails to address the situation where states have not...more
Seyfarth Synopsis: On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS), the immigration-benefits component of the Department of Homeland Security (DHS), published a final regulation on “EB-5 Immigrant...more
7/31/2019
/ EB-5 ,
Economic Development ,
Foreign Investment ,
Hiring & Firing ,
Immigrant Investment Visas ,
Immigrant Investor Program ,
Immigration Procedures ,
Immigration Reform ,
Job Creation ,
Targeted Employment Area ,
USCIS
Immigration and Customs Enforcement (ICE) increases worksite enforcement by more than 50%. What should employers understand to prevent fines and minimize reputational risk?...more
7/20/2018
/ Buy American Act ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Required Forms ,
USCIS
Seyfarth Synopsis: “ICE will enforce the law, and if you are found to be breaking the law, you will be held accountable.” Referring to Immigration and Customs Enforcement’s (ICE) early morning raids at nearly a hundred...more
1/15/2018
/ Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Retail Market ,
Risk Management ,
Trump Administration ,
Undocumented Immigrants
Seyfarth Synopsis: The Department of Homeland Security (DHS) to terminate the Deferred Action for Childhood Arrivals (DACA) program.
"Congress, get ready to do your job - DACA," tweets President Trump on Tuesday morning. ...more
9/6/2017
/ DACA ,
Department of Homeland Security (DHS) ,
Deportation ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Obama Administration ,
Path To Citizenship ,
Proposed Legislation ,
Trump Administration ,
USCIS
Seyfarth Synopsis: USCIS released a revised version of Form I-9 that employers must use to verify identity and employment authorization of new hires effective September 18, 2017. There are no substantive changes from the...more
7/19/2017
/ E-Verify ,
Electronic Filing ,
Eligibility ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Required Forms ,
USCIS ,
Verification Requirements ,
Visas