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
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
8/22/2024
/ Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Spouses ,
Undocumented Immigrants ,
USCIS
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
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
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 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
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
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
Likely triggered by complications resulting from the COVID-19 pandemic[1] and increases in processing times to replace permanent resident cards, United States Citizenship and Immigration Services (USCIS) announced on January...more
With a new Administration moving into Washington D.C. amidst tension and confusion, immigration compliance remains top of mind for employers. I know that because I hear from H.R. leadership, General Counsel’s offices,...more
Buried within the Immigration and Customs Enforcement (ICE) website is seemingly recent guidance regarding how to update “virtual” Forms I-9 after companies return to “normal business operations.” While it’s unclear when the...more
On August 18, 2020, Immigration and Customs Enforcement (ICE) announced that employers have an additional 30-day extension to the flexibilities in rules related to Form I-9 compliance. ...more
8/19/2020
/ Corporate Counsel ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Required Forms ,
USCIS
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
6/22/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Relief Measures ,
Required Forms ,
USCIS
On May 14, 2020, Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance, initially granted on March 20. The ICE notice extends the ability for employers...more
5/18/2020
/ Coronavirus/COVID-19 ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Relief Measures ,
Required Forms ,
USCIS
Seyfarth Synopsis: The President’s Proclamation will pause the issuance of immigrant visas for those seeking lawful permanent residence (Green Card) status through consular processing at posts outside of the U.S. for the...more
Seyfarth Synopsis: Following a late-night tweet from the President on suspending immigration into the U.S., we have learned today that the President’s executive order (“EO”) on immigration will be limited in scope. ...more
Late Friday afternoon, April 3, 2020, the Department of Homeland Security began to circulate the following questions and answers in response to stakeholders queries on Form I-9 obligations in the midst of COVID-19. ...more
Seyfarth Synopsis: Within the last few days, the Trump Administration has expanded an existing travel ban and initiated a new one related to the Coronavirus; similarly other countries have added entry restrictions to try to...more
2/6/2020
/ China ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Failure to Comply ,
Foreign Nationals ,
Immigrants ,
Immigration Procedures ,
Infectious Diseases ,
Information Sharing ,
International Travel ,
Iran ,
Myanmar ,
Nigeria ,
Non-Immigrant Visas ,
North Korea ,
Public Health ,
Public Safety ,
Regulatory Requirements ,
Risk Management ,
Somalia ,
Sudan ,
Syria ,
Tanzania ,
Travel Ban ,
Trump Administration ,
Venezuela ,
Verification Requirements ,
Visas ,
Yemen
Immigration and Customs Enforcement (ICE) increases worksite enforcement by more than 50%. What should employers understand to prevent fines and minimize reputational risk?...more
7/20/2018
/ Buy American Act ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Required Forms ,
USCIS
Seyfarth Synopsis: USCIS released a revised version of Form I-9 that employers must use to verify identity and employment authorization of new hires effective September 18, 2017. There are no substantive changes from the...more
7/19/2017
/ E-Verify ,
Electronic Filing ,
Eligibility ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Required Forms ,
USCIS ,
Verification Requirements ,
Visas
Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more
4/25/2017
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
E-Verify ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Government Shutdown ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Labor Condition Applications ,
Popular ,
USCIS ,
Visas