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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

ICE: I-9 Flexibility To Continue Through 2021

Once again, at the last moment, ICE has extended “flexibility” for I-9 employment verification. This time, for four more months, until the end of the year, December 31, 2021, due to continuing COVID-19 precautions...more

Illinois Adds Protection For Dreamers, Other Non-U.S. Citizens To State’s Human Rights Act

Illinois has amended the Illinois Human Rights Act to make “work authorization status” a protected category. The amendment, Public Act 102-0233, became effective immediately upon the governor’s signing in early-August...more

Tougher E-Verify Enforcement

E-Verify is moving toward tougher enforcement, which can result in a temporary termination from participation in the E-Verify program. Early in the COVID-19 pandemic, E-Verify relaxed some of its standards regarding...more

USCIS Makes More Cap-Subject H-1B Selections, Technical Problems In Notice Access

USCIS made more random Cap H-1B selections on July 28, 2021. Notifications started to go out today – July 29, 2021. Due to a glitch in the USCIS system, attorneys do not yet have access to the notices (although some employers...more

7/30/2021  /  H-1B , USCIS , Visa Caps , Visas

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

Building A Post-COVID-19 Workplace: Immigration Requirements Must Be In The Mix

Many companies that have been working remotely during COVID-19 expect to continue to do so, at least to some extent after the pandemic. At first, it might seem that manufacturing would not be an industry where remote models...more

Supreme Court Rules On Noncitizens Granted Temporary Protected Status

In Sanchez v. Mayorkas, 593 U.S. ____(June 7, 2021), the U.S. Supreme Court resolved the circuit split on whether a grant for temporary protected status (TPS) authorizes eligible noncitizens to adjust status to lawful...more

ICE Announces I-9 Flexibility Will Continue Through The Summer

ICE announced that I-9 flexibility will be extended again – this time through the whole summer until August 31, 2021. Since March 2020, companies that have been operating remotely have been able to inspect Section 2 Form...more

DHS Announces 18-Month Extension For Haiti TPS, Application Procedures For Burma TPS

The Department of Homeland Security has announced that it will be extending Haitian Temporary Protected Status (TPS) for 18 months, until November 2022. It also has officially set out the application procedures for Burmese...more

No-Match Letters Discontinued

The Social Security Administration (SSA) has stated that it has discontinued mailing No-Match letters (also known as EDCOR notifications) to employers. SSA stated that it plans to focus instead on making it easier for...more

Restrictions On Travelers From India Due To COVID-19 Begin May 4

The entry of nonimmigrants who were physically present in India during the 14-day period preceding their attempted entry will be suspended beginning 12:01 a.m. EDT on May 4, 2021, according to President Joe Biden’s April 30...more

Alert: Travel From India To Be Restricted

White House Press Secretary Jen Psaki announced today that based upon CDC advice, India will be added to the list of countries subject to the 14-day travel restriction rule. It is reported that the new rule will go into...more

U.S. Supreme Court Hears Argument On Status Adjustment For Temporary Protected Status Recipients

The U.S. Supreme Court has heard oral argument on whether individuals who initially entered the United States without permission and subsequently were granted Temporary Protected Status (TPS) are eligible to adjust to...more

Travel 2.0: Vaccine Passports And Visas—What’s Next On The Horizon

One of industries perhaps hardest hit by the coronavirus, the travel industry, received welcomed news late last week in the form of CDC guidance stating that people fully vaccinated against COVID-19 can resume domestic travel...more

ICE Announces Extension For Temporary Flexibility For I-9 Compliance To May 31

ICE has announced that I-9 flexibility will be continued for another 60 days, until May 31, 2021. Here is ICE’s full announcement. With this extension, ICE specifically noted that employees hired on or after April 1,...more

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