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Settlement Agreement Clarifies Rights and Duties of EB-5 Regional Centers

Following the March 15, 2022 enactment of the EB-5 Reform and Integrity Act of 2022 (the “Integrity Act” or “RIA”), United States Citizenship and Immigration Services (“USCIS”), a component agency of the Department of...more

8/26/2022  /  EB-5 , EB-5 Regional Centers , Investors , USCIS

Opening the Door to Adjustment of Status with New TPS Travel Authorization Policy

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) has announced an important policy change that will benefit noncitizens holding Temporary Protected Status (TPS). The new policy permits USCIS to issue a new...more

National Immigrant Heritage Month Augurs Good Tidings (That Better Be Soon) on Legal Immigration Reforms

On June 1, 2021, President Biden heralded the 30 days when Spring transitions into Summer as “National Immigrant Heritage Month,” by issuing a Proclamation that paid homage to immigrants’ contributions past, and offered...more

Require Agencies to Apply the Rule of Lenity to All Actions

Seyfarth Synopsis: This is the final installment in a series of recommendations to the Biden Administration on immigration reform previously published by the Cato Institute in “Deregulating Legal Immigration: A Blueprint for...more

Prohibit Regulatory Actions on USCIS Forms

Seyfarth Synopsis: This is the fourth installment in a series of recommendations to the Biden Administration on immigration reform previously published by the Cato Institute in “Deregulating Legal Immigration: A Blueprint for...more

USCIS Should Enforce Its Policy against Broad-Brush Requests for Evidence

Seyfarth Synopsis: This is the third installment in a series of recommendations to the Biden Administration on immigration reform previously published by the Cato Institute in “Deregulating Legal Immigration: A Blueprint for...more

Let L-2 and E Spouses Work without an Employment Authorization Document

Seyfarth Synopsis: This is the second installment in a series of recommendations to the Biden Administration on immigration reform previously published by the Cato Institute in “Deregulating Legal Immigration: A Blueprint for...more

Eliminate Bars to Entrepreneurial Self‐Sponsorship

Seyfarth Synopsis: This is the first installment in a series of recommendations to the Biden Administration on immigration reform previously published by the Cato Institute in “Deregulating Legal Immigration: A Blueprint for...more

Beware the Employer Risks Nesting in President Biden’s Comprehensive Immigration Reform Bill

At the urging of President Biden, two members of Congress – Senator Robert Menendez and Representative Linda Sanchez – introduced companion 353-page bills last month in the Senate and the House entitled the “U.S. Citizenship...more

Why? Oh My! State Department Makes It Harder for Travelers from the Schengen Area, UK, and Ireland to Receive National Interest...

“America is back, the trans-Atlantic alliance is back.” – So declared President Biden on February 23, 2021. Apparently, however, Antony J. Blinken, the newly installed U.S. Secretary of State (DOS), didn’t get the memo. On...more

Hey, Immigration Lawyer: Get Me a Coronavirus Passport

Globe-hoppers of the world, too long cabined and constrained by the pandemic, are exhilarated at the prospect of imminent foreign travel. Many have received the vaccine and are poised to fly far away for business or...more

Inclusive Immigration: USCIS Nixes “Alien” Terminology But Much More Must Be Done

The English nursery rhyme was wrong. Not only do sticks and stones break our bones, but words can also hurt. This is the lesson recently imparted by the Acting Director of U.S. Citizenship and Immigration Services (USCIS),...more

Trump Administration Midnight H-1B Changes Purport to Impose New Burdens on Staffing Firms, Service Providers, and Their Corporate...

In its waning hours, the Trump Administration announced comprehensive, burdensome changes to H-1B visa requirements for multiple firms across virtually all industries. Fortunately, however, the changes are set to detonate on...more

COVID-19 Visa and Entry Bans to Continue as Biden Administration Takes Command ~ Travel Ban for Muslim Countries to Be Rescinded

With the COVID-19 pandemic still in full force, nonimmigrants traveling to the United States should expect no lifting of visa and entry bans as the Biden Administration comes to power – notwithstanding late-breaking changes...more

Immigration Rush to Judgment – No Good Cause for New H-1B Rules in a Hurry

The U.S. Department of Labor (DOL) and Department of Homeland Security (DHS) last week affirmed the truth of the Upton Sinclair maxim on just how hard it is get someone “to understand something, when his [or her] salary...more

Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more

ICE Gives the Cold Shoulder to Foreign Students

U.S. Immigration and Customs Enforcement (ICE) announced a policy change on July 6 that will substantially disrupt higher education for the fall semester. This major change in policy was issued without any opportunity for...more

Pursuing a National Interest Exception to the Presidential Entry Bans on Economic Grounds — Not A Fool’s Errand

We’ve seen this movie before. Scene 1: The President issues a proclamation in reliance on his authority to restrict the entry of certain noncitizens under Immigration and Nationality Act (INA) § 212(f) so long as he...more

Litigation Victories Force USCIS to Rescind Restrictive H-1B Memoranda — Agency Also Offers Unclear Guidance on H-1B...

In the wake of recent losses in the federal courts, U.S. Citizenship and Immigration Services (USCIS) – on June 17, 2020 – issued a memorandum that rescinds two agency policies which, for more than ten years, had forced...more

ICE Extends Virtual I-9 Flexibility for 30 Days: Announcement Does Not Address Increasing Employer Questions

On June 16, 2020, U.S. Immigration and Customs Enforcement (ICE) once again announced a 30-day extension of flexibility for the remote completion of Form I-9 (Employment Eligibility Verification), and a dispensation from the...more

No Whine before its Time: USCIS Recognizes Immigration Successorship in Interest for Multinational Executives and Managers

Much like patient vintners, federal immigration agencies often take time to offer up a grand cru. One such agency, U.S. Citizenship and Immigration Services (USCIS), the Homeland Security component that administers the legal...more

F-1 Student Workers & COVID-19 Impacts on Employment

Seyfarth Blog Synopsis: In today’s posting we discuss the impact that furloughs and layoffs may have on F-1 student workers and related employer obligations....more

Visa Obligations & COVID-19 Changes in Working Conditions

Seyfarth Blog Synopsis: In today’s posting we discuss the impact that COVID-19 related changes in working conditions, furloughs and layoffs have on  businesses with employees currently working on H-1B, H-1B1 or E-3 work...more

Essential COVID-19 Immigration Planning for US Employers

Seyfarth Synopsis: COVID-19 has upended the world. Governments and businesses are racing to respond. The US legal immigration system for sponsoring and employing noncitizens is no exception. American employers must plan...more

The Trump Administration Releases a New Hymnal to Curb the Administrative State; Immigration Lawyers Erupt in Rapturous Song

President Trump’s October 9, 2019 overtures landed as music to the ears of many a grizzled immigration lawyer who persistently suffers battle fatigue from the culture of virtually never.  On that day the President released a...more

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