October 1 marks the start of the government’s fiscal year, signaling the release of at least 140,000 new employment-based immigrant visa numbers to be allocated across categories and nationalities in the new fiscal year. ...more
A recent update and clarification from the Department of State (DOS) on waiver eligibility expands opportunities for visa applicants facing difficulties in obtaining visa stamps for entry to the U.S. This clarification,...more
Recent processing time trends at the U.S. Citizenship and Immigration Service (USCIS) are raising concerns for both Employers and F-1 visa holders relying on automatic extensions of work authorization while awaiting the...more
As noted in our post in February 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule updating the H-1B cap registration process and creating a beneficiary-centric selection process. The rule took...more
U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from 180 days to 540...more
In light of prolonged Department of Labor (DOL) processing times and recent regulatory settlements involving the DOL and Department of Justice, employers are reevaluating their approaches to securing permanent residence...more
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
11/10/2023
/ Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EB-1 ,
EB-2 ,
Executive Orders ,
H-1B ,
Immigration Procedures ,
J-1 Visas ,
Machine Learning ,
Proposed Rules ,
USCIS ,
Visa Applications
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
As many of us started to think about weekend plans, this afternoon, USCIS promised us an interesting Monday with its latest announcement. Effective Monday, October 19, 2020, the premium processing fee associated with the...more
Seyfarth Synopsis: President Trump issued a new entry ban directly affecting foreign nationals in H-1B, H-2B, J-1 and L-1 status. Below is a list of 20 questions and answers that have surfaced in the first 24 hours since the...more
6/25/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
USCIS ,
Visas
Seyfarth Synopsis: The Supreme Court allows DACA to proceed on the grounds that DHS did not meet the regulatory Administrative Procedures Act requirements in rescinding the program. The Court did not rule on the legality of...more
6/22/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
On April 24, 2020, US Citizenship and Immigration Services (USCIS) announced a targeted reopening date of June 4, 2020 for offices that are currently closed in response to COVID-19. ...more
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
Seyfarth Blog Synopsis: In today’s posting we discuss the impact that furloughs and layoffs may have on F-1 student workers and related employer obligations....more
Seyfarth Blog Synopsis: In today’s posting we discuss the impact that COVID-19 related changes in working conditions, furloughs and layoffs have on businesses with employees currently working on H-1B, H-1B1 or E-3 work...more
4/13/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
E-3 ,
Furloughs ,
H-1B ,
H-1B1 ,
Immigration Procedures ,
Labor Condition Applications ,
Telecommuting ,
Visas ,
Wage and Hour
Following the lottery results issued last week, USCIS announced that H-1B petitioners may begin submitting petitions during the 90 day window noted on the selection notice. ...more
In-Person Services Suspended Until At Least May 3 -
In response to Coronavirus Disease 2019 (COVID-19) developments, as of April 1, U.S. Citizenship and Immigration Services (USCIS) updated its office closures suspending...more
With the closure of Social Security Administration (SSA) offices in the wake of COVID-19, we are receiving questions concerning the impact on work authorization for individuals who may have recently entered the U.S. in a...more
3/31/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
E-Verify ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Hiring & Firing ,
I-94 Cards ,
Immigration Procedures ,
L-1 Visas ,
Social Security Administration (SSA) ,
Social Security Numbers ,
Temporary Work Visas ,
TN-Visas ,
USCIS ,
Visas
Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these...more
3/27/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
E-Verify ,
Foreign Nationals ,
Form I-129 ,
Form I-9 ,
H-1B ,
I-140 ,
Immigration Procedures ,
PERM ,
Travel Restrictions ,
USCIS ,
Visas
Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these...more
In-Person Services Suspended Until At Least April 1 In response to Coronavirus Disease 2019 (COVID-19) developments, as of March 18, U.S. Citizenship and Immigration Services (USCIS) has suspended routine in-person services....more
3/23/2020
Following a six year investigation, the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) unit issued a statement confirming a guilty plea on September 28, 2017 by Asplundh Tree Experts,...more
10/25/2017
/ Audits ,
Buy America ,
Criminal Conspiracy ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Domestic Hiring Policy ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Foreign Workers ,
Forfeiture ,
Form I-9 ,
Fraud ,
Government Investigations ,
Guilty Pleas ,
Hiring & Firing ,
Illegal Conduct ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform and Control Act (IRCA) ,
Policy Violations ,
Raids ,
Settlement Agreements ,
Undocumented Immigrants ,
Visas
Seyfarth Synopsis: With a record $95 million plea deal for I-9 immigration violations following a six year investigation, the outcome for a Pennsylvania company with operations nationwide serves as a reminder of the federal...more
10/10/2017
/ Audits ,
Department of Homeland Security (DHS) ,
Employment Eligibility Verification ,
Form I-9 ,
Fraud ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform and Control Act (IRCA) ,
Required Documentation ,
Settlement Agreements ,
Undocumented Immigrants ,
Visas
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