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How Employers Can Prepare for I-9 Audits

Employers across the United States are legally required to ensure their workforce is authorized to work in the country. Form I-9, officially known as the Employment Eligibility Verification form, is a critical part of this...more

Employer Impact: DHS Announces Termination of Parole Program for Nationals of Cuba, Haiti, Nicaragua, and Venezuela

The Department of Homeland Security (“DHS”) has announced plans to terminate a parole program that permitted more than 500,000 foreign nationals from Cuba, Haiti, Nicaragua, and Venezuela to enter the United States and obtain...more

Foreign Nationals from 39 Countries No Longer Subject to J-1 Home Residency Requirement After Exchange Visitor Skills List...

In what some might consider a parting gift from the Biden administration, the U.S. Department of State revised the J-1 Exchange Visitor Skills List, resulting in removal of foreign nationals from more than thirty countries. ...more

Trump 2.0: Potential Employer Impacts from Inauguration Day Immigration Executive Orders

Immigration was a hot topic throughout the 2024 Presidential campaign, and President Trump continued to keep the issue top of mind on his first day in office by issuing several immigration-related executive orders.  While the...more

USCIS Announces FY2026 H-1B Lottery Registration

U.S. Citizenship and Immigration Services (“USCIS”) recently announced plans for the 2026 Fiscal Year H-1B lottery. The FY2026 H-1B lottery registration period will open at 12:00 p.m. EST on March 7, 2025, and close at 12:00...more

Tips for Foreign National Travel During the Holidays and New Year

Foreign nationals often plan international travel during the holidays.  As a result, it is one of the busiest times of year for visa processing at U.S. Consulates and Embassies. Here are a few helpful considerations to make...more

USCIS Reinstates 540-Day Automatic EAD Extension for Certain Renewal Applicants

USCIS recently implemented a new temporary rule that reinstates the opportunity for a 540-day Automatic Employment Authorization Document (EAD) extension for certain foreign nationals seeking to renew their EAD. USCIS had...more

Early Visa Extension Filings Could Save Employers Money as USCIS Increases Filing Fee

Cost increases due to inflation have become a norm over the last two years, and immigration fees are no exception. USCIS announced that effective April 1, 2024, fees for certain immigration benefits will be adjusted for the...more

Ready, Set, Go . . . H-1B FY2025 Lottery Registration Dates Announced with Process Changes

Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year (FY) 2025 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) recently announced the H-1B cap lottery...more

Fiscal Year 2024 H-1B Lottery Limits Reached

United States Citizenship and Immigration Services (USCIS) recently announced all available visas in the Fiscal Year 2024 H-1B lottery program have been utilized. Each year, 65,000 H-1B visas are available for positions...more

Planning Ahead for Foreign National Holiday Travel

Foreign nationals often coordinate travel abroad to coincide with the holidays. December can be one of the busiest times of year for visa processing at U.S. Consulates and Embassies abroad. Here are a few helpful...more

Domestic Visa Renewal Could Return in 2024

The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...more

Revised I-9 Becomes Mandatory November 1, 2023

United States Citizenship and Immigration Services (USCIS) has instituted a revised Form I-9 that is mandatory for all employers, starting November 1, 2023. USCIS announced the new version in August, in part to aid with...more

Employment Authorization Documents Associated with Adjustment of Status Now Valid for Five Years

In an effort to address the ongoing Employment Authorization Document (more commonly known as an “EAD”) processing backlog, USCIS recently announced it would lengthen the maximum validity period for certain EAD categories to...more

USCIS to Revert to 180-day EAD Automatic Extension Starting October 26, 2023

On May 4, 2022, the Department of Homeland Security (“DHS”) issued a rule temporarily increasing the Employment Authorization Document (“EAD”) automatic extension period for certain renewal applicants. Under the temporary...more

DHS Advances Remote I-9 Document Pilot Program for Non-E-Verify Employers

Last month, DHS announced E-Verify employers would be eligible to utilize an alternative remote document verification procedure when completing Section 2 of Form I-9, starting August 1, 2023. Only a few days later, DHS...more

The Burr Morning Show April 2023 - The Pregnant Workers Fairness Act [Video]

On this recording of the Burr Morning Show webinar, Matthew T. Scully discussed the new employer obligations for accommodating workers with limitations related to pregnancy or childbirth....more

New CDC COVID-19 Test Requirement for Air Passengers from China, Hong Kong, and Macau

In implementing its first new COVID-19 travel restriction in months, the U.S. Centers for Disease Control and Prevention (CDC) recently issued guidance requiring all persons traveling from mainland China, Hong Kong, and...more

Small Change in the Child Status Protection Act Will Have Significant Impact on Immigrant Families

On February 14, 2023, U.S. Citizenship and Immigration Services (USCIS) made a small change in the Child Status Protection Act (CSPA) that will have a significant impact on the lives of many immigrant families....more

FY2024 H-1B Cap Registration Period to Open March 1st, 2023

USCIS recently announced the annual registration period for the FY2024 H-1B cap will open at noon (ET) on March 1, 2023, and remain open until noon (ET) on March 17, 2023. Registration is an annual electronic process through...more

Foreign National Layoffs Trigger Requirements and Present Opportunities

It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more

FY2024 H-1B Cap Registration Period Approaching

Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year 2024 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) is expected to announce the H-1B cap...more

New Public Charge Final Rule for Green Card Applicants Effective December 23, 2022

The Department of Homeland Security (DHS) recently issued a new “public charge” final rule that will go into effect December 23, 2022. The new rule will apply to all permanent residency (Green Card) applications filed on or...more

Temporary Waiver of “60 Day Rule” Signature Validity for Form I-693 Extended

U.S. Citizenship and Immigration Services (USCIS) recently announced an extension to its waiver of the civil surgeon signature validity requirement for Form I-693. Form I-693 is the Report of Medical Examination and...more

USICS Continues Premium Processing Expansion Implementation

Since its introduction in 2001, the Premium Processing service offered by the U.S. Citizenship and Immigration Services (“USCIS”) has seen notable changes. Premium Processing was originally introduced as an option for certain...more

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