John Medeiros at Nilan Johnson Lewis PA

Department of Homeland Security Increases Automatic Extension Period for Certain Employment Authorization Documents from 180 Days...

On April 8, 2024, the Department of Homeland Security issued a Temporary Final Rule increasing the automatic extension period for expiring Employment Authorization Documents (EADs) of renewal applicants who have filed Form...more

4/10/2024 / Department of Homeland Security (DHS) , Employer Liability Issues , Employment Authorization Documents (EAD) , Extensions , Form I-9 , Immigration , Immigration Procedures , USCIS

The Department of State has Expanded the Authority of Consular Officers to Waive Interview for Certain Nonimmigrant Visa...

On December 21, 2023, the U.S. Department of State announced the expansion of consular officer authority to waive interviews for certain nonimmigrant visa applicants. When nonimmigrant visa applicants are applying for a...more

1/11/2024 / Applicants , Classification , Non-Immigrant Visas , US State Departments , Waivers

Stateside Visa Renewals for H-1B Applicants – a Welcome Start!

Posted December 29th, 2023 in Top Stories with Tags Corporate Immigration On December 21, 2023, the U.S. Department of State (DOS) announced a pilot program to implement limited stateside visa renewal processing for certain...more

1/2/2024 / Applications , Federal Pilot Programs , H-1B , Immigration Procedures , Non-Immigrant Visas , Renewal Options , US State Departments , Visas

Everything You Need for the 2025 Diversity Immigrant Visa Program (DV-2025)

At the beginning of each federal fiscal year (October), the Department of State conducts a lottery called the Diversity Immigrant Visa Program. If a person is selected, they are eligible to submit an application for permanent...more

9/28/2023 / Diversity , Immigration and Nationality Act , Immigration Procedures , US Department of State , USCIS , Visas

Diversity, Equity, and Inclusion (DEI) in the Workplace

In July 2023, the U.S. Supreme Court gravely restricted the use of affirmative action in college admissions when it handed down its decision in Students for Fair Admissions v. Harvard. Since that decision, many questions have...more

8/22/2023 / Affirmative Action , Diversity and Inclusion Standards (D&I) , Employment Policies , Policies and Procedures , SCOTUS , Students for Fair Admissions v Harvard College , Students for Fair Admissions v University of North Carolina

Important Changes to the I-9 Process

There are several important changes to the I-9 process that all employers should be aware of. The immigration team at Nilan Johnson Lewis has prepared the following summary below...more

7/28/2023 / Department of Homeland Security (DHS) , E-Verify , Employment Eligibility Verification , Form I-9 , USCIS

Florida Passes Strict Employer Compliance Law

On May 9, 2023, Florida Governor Ron DeSantis signed Senate Bill 1718 (FL 1718) into law. FL 1718 is described on Governor DeSantis’ website as the “Strongest Anti-Illegal Immigration Legislation in the Country.”...more

6/5/2023 / Compliance , E-Verify , Employees , Employer Liability Issues , Florida , Governor DeSantis , Immigrants , Immigration , Immigration Procedures , Immigration Reform , New Legislation , Regulatory Mandates , State and Local Government , State Legislatures

Employers Beware: COVID-19 Flexibilities To Form I-9 to End On July 31, 2023

With the onset of COVID-19, in March 2020, ICE began providing flexibility to the in-person verification of identity and employment eligibility documentation for completing Form I-9. Under that COVID-19 Flexibility Policy...more

5/9/2023 / Coronavirus/COVID-19 , Department of Homeland Security (DHS) , Employment Eligibility Verification , Form I-9 , Immigration and Customs Enforcement (ICE) , Proposed Rules

Let’s Be Real: Managing Immigration Sponsorship Requirements During Company Layoffs

Over the course of the past few months, several major tech companies in the United States have announced large-scale layoffs. Major companies announcing such layoffs include Meta (formerly Facebook), Amazon, HP, Google, and...more

11/29/2022 / Department of Homeland Security (DHS) , Department of Labor (DOL) , H-1B , Immigration Procedures , L-1 Visas , Labor Certifications , Layoffs , Visas

I-9 Remote Document Inspection Flexibility Policy Extended to July 31, 2023

UPDATE: The Department of Homeland Security (DHS) has granted an additional extension of the I-9 remote document inspection flexibility policy until July 31, 2023. U.S. Citizenship and Immigration Services is encouraging...more

10/27/2022 / Coronavirus/COVID-19 , Department of Homeland Security (DHS) , Employees , Employer Liability Issues , Employment Eligibility Verification , Form I-9 , Immigration and Customs Enforcement (ICE) , Immigration Procedures , Policies and Procedures , USCIS

Form I-9 Alert: Continue to Use Current Form I-9

Form I-9, Employment Eligibility Verification Expires on October 31, 2022. Employers should continue to use the current Form I-9 after its expiration date of October 31, 2022, until further notice. DHS will publish a Federal...more

10/13/2022 / Department of Homeland Security (DHS) , Employment Eligibility Verification , Federal Register , Form I-9

Everything You Need for the 2024 Diversity Immigrant Visa Program (DV-2024)

At the beginning of each federal fiscal year (October), the Department of State conducts a lottery called the Diversity Immigrant Visa Program. If a person is selected, they are eligible to submit an application for permanent...more

10/5/2022 / Diversity , Filing Deadlines , Green Cards , Immigrants , Immigration and Nationality Act , Permanent Residence Cards , US Department of State , Visas

Corporate Compliance and Retention of Immigration-Related Documents

Sponsoring foreign talent is a worthwhile venture for any employer who wishes to remain competitive, both domestically and internationally. This is particularly true for highly skilled positions for which demand outpaces...more

10/4/2022 / Compliance , Department of Justice (DOJ) , Document Retention Policies , Employment Eligibility Verification , Form I-9 , Immigration , Labor Certifications , Labor Condition Applications , PERM , Prevailing Wages

Pay Transparency and PERMs: An Immigration/Pay Transparency Conundrum

States, municipalities, and other local regulatory entities continue to impose additional pay transparency requirements upon employers hiring in various jurisdictions throughout the United States. In some locations, employers...more

9/20/2022 / Compensation , Department of Labor (DOL) , Foreign Workers , PERM , Prevailing Wages , Transparency

I-9 Remote Document Inspection Flexibility Policy Extended to October 31, 2022

UPDATE: On April 25, 2022, the Department of Homeland Security (DHS) granted an additional extension of the I-9 remote document inspection flexibility policy until October 31, 2022. This is a welcome relief for advocates who...more

4/26/2022 / Coronavirus/COVID-19 , Department of Homeland Security (DHS) , Employment Eligibility Verification , Extensions , Form I-9 , Immigration and Customs Enforcement (ICE) , Relief Measures , Remote Working

I-9 Remote Document Inspection Flexibility Policy Extended to April 30, 2022

UPDATE: On December 15, 2021, the Department of Homeland Security (DHS) has granted an additional extension of the I-9 remote document inspection flexibility policy until APRIL 30, 2022. This is a welcome relief for advocates...more

12/17/2021 / Coronavirus/COVID-19 , Department of Homeland Security (DHS) , Employment Authorization Documents (EAD) , Form I-9 , Immigration and Customs Enforcement (ICE) , Remote Working

I-9 Remote Document Inspection Flexibility Policy Set to Expire December 31, 2021

The extension of Form I-9 remote document inspection flexibility is currently set to terminate on December 31, 2021. Are you prepared for the next steps? This article provides what you need to know about the flexibility and...more

12/14/2021 / Coronavirus/COVID-19 , Department of Homeland Security (DHS) , Employment Authorization Documents (EAD) , Form I-9 , Immigration and Customs Enforcement (ICE) , Remote Working

Update: E-2 Spouses are Now Also Deemed Employment Authorized Incident to Status

On November 10, 2021, the parties in Shergill, et al v Mayorkas reached an important settlement that now affords an automatic extension of employment authorization for up to 180 days in narrowly defined circumstances for H-4...more

11/15/2021 / E-2 , Employment Authorization Documents (EAD) , Extensions , H-4 Spouses , L-2 Visas , Settlement , USCIS

DHS Settlement Provides Long-Awaited Changes for H-4 and L-2 Spouse Work Authorization

Spouses of H-1B and L-1 workers have long faced protracted delays by the U.S. Citizenship & Immigration Services (USCIS) in processing their work authorization (EAD) renewals. The wait has sometimes exceeded more than a...more

11/11/2021 / Department of Homeland Security (DHS) , Employment Authorization Documents (EAD) , Foreign Workers , Form I-9 , H-1B , H-4 Spouses , Immigrants , L-1 , L-2 Visas , USCIS

Updated: Biden Administration Announces Plans To Rescind Covid-related Travel Restrictions For All International Travelers To The...

The Biden Administration recently provided details regarding its plans to lift COVID-related travel restrictions for all international travelers to the United States. Implementation of the changes depends on the manner of...more

10/27/2021 / Biden Administration , Contact Tracing , Coronavirus/COVID-19 , Department of Homeland Security (DHS) , Foreign Nationals , International Travel , Travel Restrictions , Vaccinations , Virus Testing

Permission To Hire Foreign Workers: New Factors To Consider In Perm Recruitment Obligations In Light Of Facebook Settlement

Last week, the U.S. Department of Justice and Facebook settled a U.S. worker discrimination lawsuit involving the recruitment practices of the social media giant in its sponsorship of foreign workers for permanent residence....more

10/25/2021 / Department of Justice (DOJ) , Department of Labor (DOL) , Employment Discrimination , Facebook , Foreign Workers , Lawful Permanent Residents , PERM , Recruitment Policies , Settlement

Biden Administration Announces Plans to Rescind COVID-Related Travel Restrictions For All International Travelers to the United...