News & Analysis as of

Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know [Video]

Benesch's Rick Hepp discusses Immigration Deadlines and Demands Employers Need to Know....more

Tough ICE Deportation, I-9 Worksite Enforcement Efforts Continue To Affect Employers

As employers know, failing to comply with I-9 requirements can lead to fines, the loss of federal funding, even criminal sanctions against employers and, as we discussed at this year’s Employment Law Conference, their...more

H-4 Visa Holders May Soon Be Authorized To Work in the U.S.

On April 7, 2014, the White House made an exciting announcement about a proposal to grant employment authorization to spouses of H-1B workers. The Department of Homeland Security (DHS) has been working on amending its...more

Employment Law 101: I-9 Forms

What is an I-9 Form: Hopefully, you are all familiar with the I-9 Form. All employers are required to complete one for all new employees by the Department of Homeland Security and the U.S. Citizenship and Immigration Services...more

New Countries Eligible to Participate in the H-2A and H-2B Visa Programs

The Department of Homeland Security and the Department of State have added four countries to the list of countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year. The...more

New E-Verify Memorandum of Understanding

U.S. Citizenship and Immigration Services (USCIS) will be releasing a new set of E-Verify memoranda of understanding (MOUs), which will become effective on December 8, 2013. The MOU is the legal document that must be executed...more

ICE (Again) Changes Its Position On Pre-Population Of Section 1 Of Form I-9

An important issue for many employers that use electronic I-9 systems is the pre-population of employee information in Section 1 of the I-9 form by electronic I-9 programs. Form I-9, Employment Eligibility Verification, is...more

DHS Recommends Changes regarding Application of “Specialized Knowledge” Criteria for L-1B Visas

The Department of Homeland Security (DHS) recently issued a report to the U.S. Customs and Immigration Service (USCIS) regarding the implementation of L-1 visa regulations. The report contains various recommendations to...more

USCIS Inspector General Issues Report regarding L Visas

The Department of Homeland Security (DHS) recently issued a report to the U.S. Customs and Immigration Service (USCIS) regarding the implementation of L-1 visa regulations....more

DHS Report Signals New Challenges For L-1 Intracompany Transferees

The L visa allows qualifying multinational companies with a parent, subsidiary, branch, or affiliate abroad to transfer managers and executives (L-1A) and employees with “specialized knowledge” (L-1B) to work in the United...more

Immigration Alert: July 2013

I. SCOTUS Holds DOMA Unconstitutional - On June 26, 2013, the Supreme Court of the United States ("SCOTUS") held that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional. United States v. Windsor,...more

Snapshots of Big Picture and Meaningful Small-Scale Developments in the World of Immigration

The United States Citizenship and Immigration Services' (USCIS) E-Verify system will now contact employees directly in the event of a Social Security Administration (SSA) or Department of Homeland Security (DHS) Tentative...more

Homeland Security Issues Guidance on Same-Sex Immigration Benefits

After the recent U.S. Supreme Court ruling in the case of U.S. v. Windsor, which found that Section 3 of the Defense of Marriage Act is unconstitutional, President Obama directed federal government departments to ensure that...more

Implementation of The Supreme Court Ruling on The Defense of Marriage Act

The Department of Homeland security released FAQs to clarify the effect of the Supreme Court’s ruling that Section 3 of DOMA is unconstitutional. U. S. Citizens (USCs) and Legal Permanent Residents (LPRs) in same-sex...more

What Windsor Means for Same-Sex Married Couples Seeking U.S. Immigration Benefits

On June 26, 2013, the Supreme Court ruled in United States v. Windsor that Section 3 of the 1996 Defense of Marriage Act (“DOMA”) is unconstitutional. This Section of DOMA prohibited the U.S. government from conferring any...more

DHS Orders Verification of Foreign Student Visas in Wake of Boston Marathon Bombing

The Department of Homeland Security (DHS) has tightened its screening of international students by ordering border agents to verify the visa validity of F-1 and M-1 foreign students entering the United States. The new...more

Sequestration Likely to Affect Immigration Services

On March 1, 2013, the Budget Control Act, including sections mandating across-the-board budget cuts to federal agencies (known as “sequestration”), went into effect. The sequester is likely to negatively impact immigration...more

Sequestration To Delay Consular Visa Processing & Other Effects

According to the Department of State, sequestration will likely reduce the number of officers processing visa applications, which will negatively impact wait times at U.S. consulates....more

New SEVIS Release will Address Student and Exchange Visitor Visa Overstays

A new version of the Student and Exchange Visitor Information System (SEVIS) is scheduled to release this spring. The Student and Exchange Visitor Program (SEVP), a faction of U.S. Immigration and Customs Enforcement (ICE),...more

USCIS Implements New Immigrant Fee Starting February 1, 2013

The U.S. Citizenship and Immigration Services (USCIS) has announced that, beginning February 1, 2013, the agency will collect a $165 Immigrant Visa Department of Homeland Security Domestic Processing Fee (USCIS Immigrant Fee)...more

DHS Starts New Provisional Waiver Process for Immediate Relatives of U.S. Citizens March 4

On January 2, 2013, Department of Homeland Security (DHS) Secretary Janet Napolitano announced the posting of a final rule in the Federal Register that allows certain immediate relatives of U.S. citizens who are physically...more

Department Of Homeland Security Announces Final Rule On Unlawful Presence Waivers

The Department of Homeland Security today announced a final rule that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to...more

New Unlawful Presence Waiver

The Department of Homeland Security (DHS) has issued a final rule, which will be effective March 4, 2013, that will allow certain family members of U.S. citizens who are physically present in the United States to remain in...more

DHS Proposes To Extend Work Authorization To H-4 Spouses Of H-1B Workers

The U.S. Department of Homeland Security ("DHS") has proposed to amend its regulations by extending the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants. ...more

Waiting Lines for Family and Employment Categories: When Will I Receive My Green Card?

If you are applying for permanent residence in the United States, how do you figure out how long it will take? This seems like an easy question, but like many things with immigration, it can be complicated. ...more

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