In the ongoing narrative of the Trump administration’s attempt to repeal the Humanitarian Parole program for Cuba, Haiti, Nicaragua, and Venezuela (CHNV), on Monday, May 5th, the US Court of Appeals for the First Circuit...more
5/12/2025
/ Appeals ,
Constitutional Challenges ,
Cuba ,
Department of Homeland Security (DHS) ,
Deportation ,
Foreign Nationals ,
Foreign Workers ,
Haiti ,
Human Rights ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Judicial Authority ,
Nicaragua ,
SCOTUS ,
Trump Administration ,
USCIS ,
Venezuela
Last week, a federal district court in Massachusetts temporarily blocked the mass termination of parole and employment authorization for beneficiaries of the Humanitarian Parole program for Cuba, Haiti, Nicaragua, and...more
4/23/2025
/ Appeals ,
Biden Administration ,
Cuba ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Deportation ,
E-Verify ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Workers ,
Form I-9 ,
Haiti ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Nicaragua ,
Parole ,
Trump Administration ,
USCIS ,
Venezuela
On March 31, 2025, Federal Judge Edward M. Chen of the Northern District of California issued a stay on the Trump administration’s revocation of Temporary Protected Status (TPS) for Venezuelans in the United States....more
4/4/2025
/ Appeals ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Injunctions ,
Stays ,
Temporary Protected Status ,
Trump Administration ,
USCIS ,
Venezuela
On January 20, 2025, the Trump administration issued the Securing Our Borders executive order, citing national security, crime prevention, and the protection of American interests as justification for terminating categorical...more
2/12/2025
/ Department of Homeland Security (DHS) ,
Employer Responsibilities ,
Employment Policies ,
Executive Orders ,
Foreign Workers ,
Hiring & Firing ,
Immigration Procedures ,
Parole ,
Temporary Protected Status ,
Trump Administration ,
USCIS ,
Venezuela
If you have been following immigration news and are wondering how changes in Washington might affect your workforce, you are not alone. Senate Joint Resolution 8 (S.J. Res. 8) in the 119th Congress aims to undo a USCIS...more
2/6/2025
/ Department of Homeland Security (DHS) ,
Employees ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Proposed Legislation ,
Regulatory Agenda ,
Time Extensions ,
USCIS ,
Visas
The message for 2025 is clear: compliance is not optional, and preparation is essential. Review your policies, automate, and innovate where possible, train your staff, develop job aids, and strengthen your compliance program....more
1/22/2025
/ DACA ,
E-Verify ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Actions ,
Federal Contractors ,
Foreign Workers ,
Form I-9 ,
Government Investigations ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Popular ,
Staffing Agencies ,
Trump Administration ,
USCIS
On January 10, 2025, the Department of Homeland Security (DHS) announced important changes that will benefit noncitizens who have applied for or currently hold Temporary Protected Status (TPS) with designations for Ukraine,...more
1/17/2025
/ Biden Administration ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Employment Policies ,
Foreign Workers ,
Form I-9 ,
Immigrants ,
Immigration Procedures ,
Temporary Protected Status ,
USCIS ,
Visas
The Department of Justice (DOJ) recently announced a settlement with Brick & Bourbon, a Minnesota-based restaurant group, for violations of federal anti-discrimination laws in its employment eligibility verification...more
1/17/2025
/ Anti-Discrimination Policies ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employee Rights ,
Employees ,
Employment Discrimination ,
Employment Eligibility Verification ,
Enforcement Actions ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform and Control Act (IRCA) ,
Lawful Permanent Residents ,
Settlement ,
Statutory Violations
With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more
12/27/2024
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Job Applicants ,
Labor Condition Applications ,
Regulatory Requirements ,
USCIS ,
Visas ,
Wage and Hour
The Department of Homeland Security (DHS) announced a permanent increase in the automatic extension period for certain Employment Authorization Documents (EADs) up to 540 days. The final rule will take effect on January 13,...more
12/17/2024
/ Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Final Rules ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Regulatory Requirements ,
Required Forms ,
Time Extensions ,
USCIS
The passage of the vaguely named “Right to Privacy in the Workplace Act” led to widespread chatter that the law possibly prohibited employers from using E-Verify unless they were explicitly required to do so under federal...more
11/7/2024
/ E-Verify ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Illinois ,
Immigrants ,
Immigration Procedures ,
Required Forms ,
State Labor Laws ,
USCIS
USCIS’s E-Verify Disposal Announcement -
The U.S. Citizenship and Immigration Services (USCIS) recently announced that employers using E-Verify have until January 5, 2025, to download and retain records for cases last...more
10/15/2024
/ Corporate Counsel ,
Deadlines ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Memorandum of Understanding ,
Record Retention ,
Required Forms ,
USCIS
The EB-5 Reform and Integrity Act of 2022 (RIA) introduced significant requirements for designated EB-5 regional centers, one of the most notable being the annual payment into the EB-5 Integrity Fund. Beginning on October 1,...more
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
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
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
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
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
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
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
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
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
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
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
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