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Minor Missteps, Major Consequences: Avoiding Big Trouble from Seemingly Small I-9 Errors

The recent settlement agreement between the Department of Justice and SP Plus Corporation, a Chicago based transportation and parking management company, serves as a critical reminder for employers of their responsibilities...more

Aligning Enforcement: EEOC’s High-Tech Report and IER’s Growing Interest on AI Compliance

Navigating the complex intersection of employment practices, technology, and the evolving legal landscape has become increasingly vital for those specializing in immigration compliance and related discrimination law. This...more

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

New DHS Parole Policy for Long-Term Undocumented Spouses, Stepchildren

Seyfarth Synopsis: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the “Keeping Families Together” process for certain noncitizen spouses and stepchildren of U.S. citizens. “Keeping...more

Valentines Day Glitch: E-Verify Photo-Match Mayem

On the morning of February 14, 2024, several clients reached out after encountering issues with the photo matching tool in E-Verify. They reported discrepancies where the photos transmitted by E-Verify did not align with the...more

Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is...more

Ready or Not: Form I-9 Flexibilities are Winding Down

On May 4, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced the official sunset date for COVID-19 related Form I-9 physical inspection flexibilities: July 31,...more

New Year, New Fees: Proposed USCIS Fee Increases

On January 4, 2023, the United States Citizenship and Immigration Services (USCIS) published a proposed rule to increase fees for most immigration benefit requests. If implemented, employers will pay significantly more for...more

Treats from USCIS to LPRs: Green Card Validity Extension

As U.S. Citizenship and Immigration Services (“USCIS”) continues to deal with their backlogs, they have announced that, effective September 26, 2022, USCIS is automatically extending the validity of expired Forms I-551,...more

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

The End is Near: COVID-19 List B Document Temporary Policy Ends

On July 22, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a reminder regarding the Department of Homeland Security’s (DHS) termination of the COVID-19 temporary policy allowing employers to accept expired...more

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

540 Is The New 180: USCIS Increases Auto Extended Work Permit For Certain Applicants

Seyfarth Synopsis: On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an increase to the automatic extension period for certain Employment Authorization Documents (EADs) from 180 days to 540 days....more

540 is the new 180: Employment Authorization Document Extensions

Seyfarth Synopsis: On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an increase to the automatic extension period for certain Employment Authorization Documents (EADs) from 180 days to 540 days....more

Trick or Treat: I-9 Flexibilities Extended until October 31, 2022

Seyfarth Synopsis: On April 25, ICE announced its 13th extension, this time for a six-month period (until October 31, 2022), of the I-9 compliance flexibility rules relating to Form I-9. There is no substantive change in this...more

Trio of Initiatives Moves USCIS in the Right Direction

Seyfarth Synopsis: On March 29, 2022, USCIS announced three new initiatives to reduce processing delays and backlogs: (1) establishing processing time goals for petitions and applications; (2) expanding premium processing...more

New Guidance on E and L Spouse Work Authorization as List C Document

Seyfarth Synopsis: USCIS issued long-awaited guidance on how employers should treat certain E and L spouses’ work authorization based on their status when completing the Form I-9. USCIS also confirmed that it will mail...more

The Beginning of the End: Form I-9 List B COVID-19 Temporary Policy End Announced

The Department of Homeland Security (DHS) has announced that they will soon be ending their COVID-19 related temporary policy allowing employers to accept expired List B documents when verifying an employee’s work eligibility...more

Early Holiday Present From ICE: I-9 Flexibilities Extended to April 30, 2022

Seyfarth Synopsis: ICE announces an extension to I-9 compliance flexibility rules relating to Form I-9 compliance that was initially granted in March of 2020 at the onset of COVID-19. It continues to allow for the...more

USCIS to Drastically Change Processing of Employment Applications for L-2, E, and H-4 Nonimmigrant Spouses

Seyfarth Synopsis: USCIS issued a Policy Memorandum following the settlement of a lawsuit that significantly changes work authorization rules for H-4, E, and L-2 spouses. Specifically, certain H-4, E, and L-2 Employment...more

Processing Delays Create Need to Extend Validity of Certain Expired Green Cards

In response to continued lengthy processing delays, the United States Citizenship and Immigration Services (USCIS) posted guidance in early September offering an extension to the time certain processing receipts (Form I-797)...more

Moving in the Right Direction: USCIS Issues Updated Policy Manual Guidance

On June 9, 2021 U.S. Citizenship and Immigration Services (USCIS) advised the public about its recent updates to the USCIS Policy Manual. Specifically, the USCIS updates...more

Nothing “new” Other Than a 90 day Extension of Virtual I-9s

Late in the day, on May 26, Immigration and Customs Enforcement (ICE) announced a 90-day extension for remote Form I-9 inspection, allowing flexibilities to continue through August 31, 2021....more

E-Verify Spring Cleaning

On February 17, 2021, U.S. Citizenship and Immigration Services (“USCIS”) announced that it will dispose of any E-Verify records older than 10 years on May 14, 2021. On May 19, the E-Verify Records Disposal Date was extended...more

ICE Warms to the Cold Realities of COVID-19: Latest I-9 Virtual Flexibility Guidance Extended to May 31, 2021

Seyfarth Synopsis: This announcement extends the flexibilities in rules relating to Form I-9 compliance that was initially granted last year. It also expands the scope of the “in-person” exemption benefit to certain...more

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