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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

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

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

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

H-1B Update: Suspecting Fraud, USCIS Challenges, Denies Some Petitions, and Foreign Nationals Sue

USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted...more

DHS Publishes New Form I-9

DHS has today, July 25, 2023, published a new Form I-9, Employment Eligibility Form. USCIS has made significant changes to the form and its instructions, including a checkbox to indicate that an employee’s Form I-9...more

DHS Makes Qualified Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option

On July 21, 2023, the Department of Homeland Security (DHS) announced a final rule, which will be officially published on July 25, 2023, that will provide eligible employers filling out the Employment Eligibility Verification...more

Next Steps for Employer I-9 Compliance as Temporary Flexibility Ending July 31, 2023

U.S. Immigration and Customs Enforcement (ICE) has announced that employers will have 30 days to comply with Form I-9 employment eligibility verification physical document examination requirements when COVID-19 flexibility...more

Yemeni TPS Extended Again

The Department of Homeland Security announced the redesignation of Yemen for Temporary Protected Status (TPS) and its extension from March 4, 2023, through Sept. 3, 2024. Individuals who have not previously held Yemeni TPS...more

Optional Practical Training Programs for F-1 Students Are Valid, Federal Appeals Court Held

In Washington Alliance of Technical Workers v. DHS (WashTech), the D.C. Circuit held that optional practical training programs (OPT) that allow students on the nonimmigrant F-1 visa to work in the United States for up to...more

DHS Takes Step Toward Allowing Virtual, Alternative Options for Examination of I-9 Documents

For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security (DHS) has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually...more

I-9 Reminder: Unexpired Documents by July 31

Employers whose employees presented expired List B documents for Form I-9 Employment Eligibility Verification purposes between May 1, 2020, and April 30, 2022, must update Form I-9 with unexpired documents by July 31, 2022....more

DHS May Make Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option

The Department of Homeland Security (DHS) is considering making a change which would permanently allow the flexibility it has extended over employers’ verification of employees’ identity and employment eligibility since March...more

DHS Increases Automatic Extension of Work Authorizations for Certain Individuals

As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals. ...more

New Form I-9 Is in the Works

A new Form I-9, Employment Eligibility Verification is in the works. The Department of Homeland Security (DHS) is seeking comments on its proposed changes to the form. ...more

DHS on New Premium Processing

The Department of Homeland Security set out the specifics about the upcoming new premium processing benefits in the Federal Register on March 30, 2022. The details, however, did not include any specific implementation dates,...more

Temporary Policy for Expired List B Identity Documents to End

As of May 1, 2022, employers can no longer accept expired List B documents for Form I-9 Employment Eligibility Verification purposes, and any expired List B documents that were previously accepted must be updated by July 31,...more

Will Reopening of Social Security Administration Offices Ease E-Verify No-Match Backlogs?

The Social Security Administration (SSA) has reached an agreement with three of its unions on its COVID-19 re-entry plan. SSA offices have been essentially closed to the public since March 2022. That affected SSA’s...more

ICE: I-9 Flexibility to Continue Through April 2022

ICE has announced it will extend I-9 flexibility until April 30, 2022, due to continuing precautions related to COVID-19. The guidance remains the same: •Employees who work exclusively in a remote setting due to...more

DHS Seeks Comments on I-9 Process

The decades-old I-9 Employment Eligibility Verification process may be in for some changes. The Department of Homeland Security is requesting “public input” regarding the document examination process...more

DHS Secretary Orders Discontinuation of Mass Worksite Enforcement Operations

Secretary of the Department of Homeland Security (DHS) Alejandro N. Mayorkas has issued a policy directive to immediately discontinue mass worksite enforcement operations. These involve large-scale law enforcement...more

Judge Again Finds DACA Program Illegal, Blocks New Applications, Allows Renewals

The Deferred Action for Childhood Arrival program (DACA) is not legal, U.S. District Court Judge Andrew Hanen has ruled in State of Texas et al. v. U.S. et al. Judge Hanen issued an injunction preventing the Department...more

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