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Employers Must Adapt to Worksite Raid Surge: Sanctuary Cities Face Intensified Enforcement Efforts

Tom Homan, President Donald Trump’s border czar, has announced a significant escalation in the administration’s interior immigration enforcement strategy to increase deportation of undocumented immigrants. The initiative...more

What’s Changing to H-1B Cap Gap for F-1 Students?

The Department of Homeland Security (DHS) has published a final rule (89 FR 10354) that significantly changes the H-1B Cap Gap period. This rule automatically extends the duration of status and any employment authorization...more

What DOJ’s New Focus on Immigration Enforcement Means for Businesses

The Department of Justice (DOJ) has announced its intention to expand the use of criminal statutes to address illegal immigration. This move underscores the administration’s commitment to enforcement initiatives that hold...more

Seattle Federal Judge Enjoins Enforcement of EO Banning Birthright Citizenship

On Jan. 23, 2025, in a suit filed in the U.S. District Court in Seattle by the attorneys-general of Washington State, Arizona, Illinois, and Oregon to overturn President Donald Trump’s executive order (EO) banning birthright...more

Rescinded Biden Immigration Executive Orders: What Employers Need to Know

As many expected, President Donald Trump has not only issued Executive Orders (EOs), but he has also rescinded many EOs issued by the Biden Administration concerning immigration, including the following: “The Restoring Faith...more

President Trump’s Executive Orders on Immigration and What They Mean for Employers

This order directs federal agencies to refuse to recognize U.S. citizenship for children born in the United States to mothers in the country illegally, or who are present in the United States on non-immigrant visas, if the...more

USCIS H-1B Modernization Final Rule Effective January 17: Highlights for Employers

On Dec. 18, 2024, USCIS released the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Final Rule. First proposed in October 2023, the Biden...more

DHS Announces Permanent Rule for 540-Day Automatic Extension of Work Authorization Renewals

The 540-day automatic extensions of expiring employment authorization documents (EADs) will be permanent policy, according to a DHS final rule scheduled to be published on Dec. 13, 2024. The new rule will become effective on...more

Travel Ban Fears? Why Foreign National Students Urged to Return to U.S. Before Jan. 20

Some colleges and universities, out of an abundance of caution, are advising their foreign national students and staff who are traveling abroad for winter break to consider returning before President Donald Trump’s...more

What Illinois Employers Using E-Verify Should Know About the New Requirements Effective 2025

An amendment to the Illinois Right to Privacy in the Workplace Act going into effect on Jan. 1, 2025, imposes many new obligations on employers regarding the use of E-Verify – some that go beyond federal E-Verify...more

Upcoming E-Verify Account Login Changes

E-Verify will enhance security for account logins later this year. The system will require multi-factor (or two-step) authentication, meaning that, in addition to a password, users may need to enter a code sent to their email...more

H-1B Update: USCIS to Hold Second Round of Selections for FY 2025 H-1B Cap

Just as people were starting to lose hope, USCIS announced that it will soon hold a second round of selections for the FY 2025 H-1B cap. USCIS will randomly select additional registrations for unique beneficiaries from the...more

Why Certain TPS Beneficiaries Need to Request Form I-797 Despite EAD Automatic Extension

On June 20, 2024, USCIS announced the automatic extension until March 9, 2025, of Employment Authorization Documents (EADs) issued to certain Temporary Protected Status (TPS) beneficiaries from El Salvador, Honduras, Nepal,...more

Temporary Protected Status Extended for El Salvador, Honduras, Nepal, Nicaragua, Sudan

USCIS announced that it is extending the validity of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (TPS) beneficiaries from El Salvador, Honduras, Nepal, Nicaragua, and Sudan until...more

New Protections for Foreign National Spouses of U.S. Citizens Announced

President Joe Biden announced protections for undocumented foreign national spouses of U.S. citizens who have lived in the United States for 10 years without a legal immigration status. This will protect approximately 500,000...more

U.S. Southern Border Shut Down Temporarily to Asylum Applications

President Joe Biden has ordered a temporary suspension of asylum applications for migrants who cross the southern border illegally between ports of entry. This suspension went into effect at midnight on June 5 because the...more

Reconsidering Repayment Agreements with Foreign Employees

It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end...more

Senators Lean on DHS to Provide NIL Guidance for International Student-Athletes

As restrictions lessen on collegiate athletes’ ability to be compensated for their name, image, and likeness (NIL), international student-athletes in F-1 status continue to be at risk if they pursue these economic...more

DHS: Automatic Extension of Work Authorization for Certain Renewal Applicants

Good news for those applying for or with pending Employment Authorization Document (EAD) renewals. DHS is temporarily reinstituting its 540-day automatic extension of work authorization for eligible individuals....more

New, Higher USCIS Filing Fees Take Effect April 1, 2024

Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed. The H-1B filing fee, for example, will rise...more

DOL Proposes Additions to Schedule A Occupations List in Response to Executive Order on AI

In response to the Executive Order (EO) on Artificial Intelligence, on December 21, 2023, the Department of Labor (DOL) issued a request for information in the Federal Register asking for public comment on possible additions...more

Proposed Rule to Reform, Modernize H-1B Program

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements...more

DHS to Propose Amending H-1B, F-1 Regulations

The Department of Homeland Security (DHS) will soon be issuing a new proposed rule: Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program....more

USCIS Increases Validity Period of Employment Authorization Documents

USCIS is increasing the maximum validity period to five years for initial and renewal Employment Authorization Documents (EADs) for certain categories of applicants, including noncitizens with pending adjustment of status...more

What Happens to the Immigration Agencies When the Government Shuts Down? - September 2023

By September 30, 2023, Congress will again have to fund the government. Despite ongoing efforts by the administration and Congress, indications are that a shutdown may occur at the beginning of the fiscal year, on October 1....more

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