E-Verify United States Citizenship and Immigration Services

News & Analysis as of

New STEM OPT Rule Goes Into Effect May 10: Good news and challenges

Both F-1 students and employers have been following the litigation over the F-1 OPT (optional practical training) program. The government was sued by tech workers in Washington, D.C. regarding a part of this program, the...more

STEM OPT Period Extended to Three Years

Department of Homeland Security has issued a final rule, effective May 10, 2016, allowing foreign students with science, technology, engineering, or math (STEM) degrees to extend their optional practical training or "OPT"...more

New E-Verify Law in California

In California, individuals now have a private right of action to bring a claim against an employer who uses the E-Verify program for pre-screening purposes. ...more

60 Day Comment Period on Proposed Changes to Form I-9 Ended on January 25, 2016

On November 24, 2015, the U.S. Citizenship and Immigration Services (USCIS) published a 60 day notice of proposed changes to the Form I-9 in the Federal Register. The 60 day public comment period ended on January 25, 2016....more

Good News for F-1 International Students: STEM OPT Authorization Allowed Beyond February 12

Federal court rules to allow limited relief of court’s order to May 10, 2016. On January 23, Federal Court Judge Ellen Segal Huvelle granted a request by the US Department of Homeland Security (DHS) to delay the possible...more

Immigration Law Updates - January 5, 2016

Following are recent and/or anticipated changes to United States immigration laws, which may impact our clients: Proposed Changes to the Visa Waiver Program Following Terror Concerns - In the aftermath of the Paris...more

I-9 Guidance on H-1B Petition/I-94 Mismatch and Short Term Workers

In a recent meeting between the Verification and Document Liaison Committee within American Immigration Lawyers Association (AILA) and USCIS’s Verification Division and ICE Homeland Security Investigations, further guidance...more

Workplace Enforcement Update: New Self-Audit Guidance and a New I-9 form on its Way

This Workplace Enforcement Update covers two significant developments, namely new I-9 self-audit guidance published jointly by the Department of Homeland Security (“DHS”) and Department of Justice (“DOJ”) and the status of a...more

Final Reminder: Employers Using E-Verify: Get Ready to Download Your “Historic Records Report” by Year-End

U.S. employers enrolled in E-Verify -- the electronic system of employment eligibility verification -- should prepare to download and preserve all E-Verify data submitted to U.S. Citizenship and Immigration Services (USCIS)...more

Employers Act Now – Save your E-Verify Records

It’s that time of the year when employers using the E-Verify program need to act to save their historic records. Yawn…historic records? To comply with the National Archives and Records Administration’s retention and disposal...more

Purging of E-Verify Records Older Than Ten Years Every Year In January Necessitates The Use Of The Historic Records Report in...

In accordance with the National Archives and Records Administration (NARA) records retention and disposal schedule, U.S. Citizenship and Immigration Services (USCIS) disposes of E-Verify records that are over 10 years old...more

Important Updates for E-Verify Employers

Effective January 1, 2016, E-Verify employers in California face new penalties for misuse of E-Verify. Other updates to E-Verify include a data purge on January 1 as well as system enhancements to assist E-Verify...more

USCIS Announces Enhancements to E-Verify

U.S. Citizenship and Immigration Services (USCIS) recently announced enhancements to E-Verify. Following is a portion of the announcement....more

F-1 Optional Practical Training Proposed Rule Released; Work Authorization Expanded for STEM Students

The long-awaited proposed rule on F-1 Optional Practical Training (OPT) was published in the Federal Register on October 19, 2015, by the U.S. Department of Homeland Security (DHS). The proposed rule is titled “Improving and...more

Summary of Key New California Laws for 2016: What Employers Should Know

Governor Brown has signed several laws impacting California employers. A summary of some of the key new laws follows. The effective date of the particular new law is indicated in the heading of the Assembly Bill (AB) and/or...more

Immigration Corner: E-Verify Makes History and Help with Hardship Waivers

How long have you been using E-Verify? United States Citizenship and Immigration Services (USCIS) announced that effective January 1, 2016, all E-Verify transaction records that are more than ten years old will be deleted...more

You Down with OPT? DHS Proposes Longer Post-Graduate Work Authorization for STEM Graduates, with a Catch

Last week, the Department of Homeland Security (DHS) issued a proposed rule that would amend its F-1 nonimmigrant student visa regulations regarding optional practical training (OPT) for students with higher education degrees...more

Employers Using E-Verify: Get Ready to Download Your “Historic Records Report” by Year-End

U.S. employers enrolled in E-Verify -- the electronic system of employment eligibility verification -- should prepare to download and preserve all E-Verify data submitted to U.S. Citizenship and Immigration Services (USCIS)...more

E-Verify Program Status

Hours before the government was due to shut down, the President signed into law a stopgap measure which will fund the federal government through December 11, 2015.   The possibility of a government shutdown would have...more

A Potential Federal Government Shutdown: The Immigration Implications for Employers

Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were...more

Another Potential Federal Government Shutdown: Consequences for Immigration Application Processing

Congress is currently at a budget standoff that threatens to shut down the federal government for the second time in two years, effective September 30, 2015 at midnight, the start of the new fiscal year. As with the last...more

Immigration Alert: Decision Overturning 17-month OPT/STEM Extensions is stayed as USCIS scrambles to cure deficiencies

On August 12, 2015, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Columbia dealt a blow to employers by vacating the U.S. Department of Homeland Security’s (DHS) 2008 interim rule expanding the...more

E-Verify Program Set to Expire

The E-Verify program is set to expire 9/30/15 unless it is reauthorized by Congress (cue scary movie soundtrack).  So what does that mean for employers who use E-Verify?  Will you be locked out of the system come October 1,...more

Proposed Expansion of E-Verify Services and Obligations Could Add New Burdens for Employers

U.S. Citizenship and Immigration Services (USCIS) recently announced its intention to expand not only its E-Verify communication services but also implement new obligations for employers that participate in the E-Verify...more

Immigration Corner: Major E-Verify Changes Proposed

On June 8, 2015 USCIS released the details of proposed major changes to the E-Verify program. The notice, found here, proposes several major changes to the E-Verify program and seeks public comments until August 7, 2015....more

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