United States Citizenship and Immigration Services

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
News & Analysis as of

Are You Using the New I-9 Form?

As the Trump administration settles in, those of us who counsel employers have cautioned to “expect the unexpected.” Certainly, the last five weeks have brought a bevy of twists and turns. However, one consistent theme from...more

Dear Littler: Does an Employer Have to Report Discrepancies Identified in Old I-9 Forms?

Dear Littler: A former employee recently reapplied for an open position at our company. In reviewing the new-hire paperwork, we noticed that her social security number did not match the one we had on file previously. Her new...more

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Parsing the Revisions to the I-9 Handbook for Employers

On January 22, 2017, two days after President Trump was inaugurated but with no connection to that event, USCIS published a new Form I-9 for verification of employment authorization required for every new hire since 1986. ...more

H-1B Cap-Subject Petitions: With Potential Changes Looming, U.S. Employers Must Prepare Now for April 1 Filings

April 1, 2017 is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for the FY 2018 allotment of visas for foreign national professionals in specialty occupations....more

New And Improved “Work Card” Process Should Make Things Easier For Foreign Workers

Effective January 17, new regulations have eased somewhat the issues that many foreign workers have faced with renewing their Employment Authorization Documents, also commonly referred to as “work cards.” Under the old...more

Compliance News Flash

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. Expect activity at the Equal Employment Opportunity Commission (EEOC) in...more

New I-9 Handbook for Employers

USCIS’s new M-274 “Handbook for Employers with Guidance for Completing Form I-9” is now available. In addition to detailed I-9 completion instructions, the Handbook contains guidance on Photocopying and Retention, Unlawful...more

Three Key Immigration Developments in President Trump’s First Weeks

Immigration has been in the forefront of the news since President Trump took office and will likely remain so in the near future. Here, we discuss three key business immigration issues that have seen significant developments...more

Revised Version of the M-274, Handbook for Employers is Available

The wait is over! U.S. Citizenship and Immigration Services (USCIS) has issued an updated M-274, Handbook for Employers which provides guidance on completion of the Form I-9 and an overview of unlawful discrimination and...more

New I-9 Form in an Environment of Increased Audits and Increased Fines

USCIS has released a new version of the Form I-9, which all employers must use beginning January 22, 2017. Employers should read the new Form I-9 instructions in full and also review the content of the new I-9 version...more

Department of State Releases March 2017 Visa Bulletin

No change in Dates for Filing chart again; China EB-3 advances 6.5 months in Final Action Dates chart. The US Department of State (DOS) has released its March 2017 Visa Bulletin. The Visa Bulletin sets out per-country...more

Travel Ban Executive Order Update: What Businesses Need to Know

Changes coming from the White House, U.S. Customs and Border Protection (CBP), United States Citizenship and Immigration Services (USCIS), and the State Department (DOS) on travel and related issues are challenging companies...more

Obama’s parting gift to foreign entrepreneurs: A new way to stay in the U.S.

Back in 2014, when it was clear that Congress was not going to pass bipartisan immigration reform, President Obama vowed to take whatever steps he could, short of legislation, to advance his immigration agenda, including...more

“H-1B Season” to begin April 1, 2017 – Employer Action Needed Now

NOW is the time to identify employees who may need H-1B status to continue working in the United States and begin preparations to file an H-1B petition on April 1st. U.S. businesses use the H-1B program to employ foreign...more

Update on the President’s Executive Order Banning Selected Travel

On January 27, 2017, President Donald J. Trump issued an executive order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (“EO”). In pertinent part, the EO...more

New I-9 Forms Available for Immediate Use!

The federal government requires employers to verify the identity and employment authorization of individuals hired for employment in the United States. As of January 22, 2017, all employers must use the new I-9 Forms released...more

Update Regarding the January 27th Executive Order on Immigration

In light of the January 27, 2017 Executive Order ("EO") titled "Protecting the Nation from Foreign Terrorist Entry into the United States," which is summarized in prior Clark Hill Immigration Updates, we are providing this...more

Employer Client Alert

On February 2, 2017, the American Immigration Lawyers Association (AILA) issued the following practice alert entitled “Automatic Extensions of EADs Under ‘High-Skilled’ Final Rule.”...more

USCIS Issues Fact Sheet and Guidance on Automatic Extensions of EAD and I-9 Compliance

Among the last rules issued during the Obama Administration, Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers went into effect on January 17, 2017. One...more

Updates and Guidance on the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more

You’ve Got Mail … if You’re an Employer: Seventh Circuit Rules Employees Are Not Entitled to Same Visa Revocation Notice

On August 3, 2016, the U. S. Court of Appeals for the Seventh Circuit ruled that only employers are to be provided notice and receive information on decisions on visa petitions issued by United States Citizenship and...more

International Travel and Petition Processing - Clarification and Guidance on Trump Administration Executive Orders

The White House, U.S. Department of State, U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CBP) have issued guidance clarifying the impact of the Trump Administration Executive...more

Immigration 2017: What Businesses Need To Know

Since this past weekend, worldwide media has been fixated on President Trump’s January 27, 2017 Executive Orders, including the temporary suspension of travel to the US by individuals from seven designated countries. Given no...more

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

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