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USCIS: Employment Authorization for Certain Ukrainian, Afghan Parolees

USCIS has announced that Ukrainian and Afghan parolees with certain classes of admission are employment authorized incident to status which means they can begin working without an EAD....more

I-9 Flexibility Extended Through July 2023

The Department of Homeland Security (DHS) will continue Form I-9 flexibility for another nine months until July 31, 2023, according to an announcement. DHS guidance remains the same. Employees who, due to COVID-19 policies,...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

DACA to Become Regulation

Responding to the history of legal challenges, the Biden Administration is trying to give the DACA (Deferred Action for Childhood Arrivals) program more heft by changing it from a policy to a regulation. On October 31, 2022,...more

FY 2023 H-1B Update: USCIS Sending Not-Selected Notices

For H-1B visas, employers have been hoping there will be another round of selections for FY 2023, but that is not on the horizon. USCIS has been sending non-selection notices to registrants’ online accounts. USCIS can...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

USCIS Updates Requirements for TPS Holders

Some Temporary Protected Status (TPS) holders will once again be able to overcome inadmissibility for adjustment of status purposes by traveling internationally because USCIS is updating its interpretation of MTINA, the...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

U.S. Supreme Court Limits Federal Court Review in Deportation Case

Federal courts could not review the U.S. Attorney General’s decisions denying discretionary relief from removal – even in a case where the alien contends that the decision was based on a factual error, the U.S. Supreme Court...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

USCIS Measures to Ease Processing Times

Just as the Biden Administration is proposing increased funding for USCIS to help reduce the agency’s backlog, USCIS is announcing future new actions to improve processing times....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

Work Authorization for Spouses Possible If Specifically Designated in I-94 Record at Border

As of January 31, 2022, spouses entering the United States in L-2 or E status may be able to obtain work authorization at the border by asking Customs and Border Protection (CBP) to give them a “spousal” designation in their...more

Time to Get Ready for FY 2023 H-1B Cap Season

USCIS has announced that H-1B Cap registration will start on March 1, 2022, at noon (Eastern) and will continue through noon (Eastern) on March 18, 2022. If enough registrations to fill the cap are received by March 18...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

Avoiding Immigration-Related Litigation in the Current Labor Market

According to the U.S. Bureau of Labor Statistics, the number of unfilled job openings increased by over three million in the last year. The construction industry has been particularly hard hit by labor shortages, causing many...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

H-1B, L-1 Update: USCIS Adopts Policy Changes

Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas, USCIS is making major policy changes. Going forward,...more

Nov. 8 Marks Lifting of Some U.S. COVID-19 International Travel Restrictions

As of 12:01 a.m. ET on November 8, 2021, the United States’ country-specific 14-day COVID-19 travel restrictions that have been so troublesome and disruptive for individuals and businesses will be eliminated. Instead,...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

What Happens To The Immigration Agencies When The Government Shuts Down?

The country dodged a government shutdown at the end of September, but we may be faced with the same problem on December 3, 2021, when Congress will again have to fund the government. Because we often come close to a shutdown...more

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