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Venezuelan TPS Update: What Employers Should Know About Expiration of EADs for 2023 Designation

Announced in a Federal Register notice published Feb. 5, 2025, DHS Secretary Kristi Noem decided not to extend the 2023 Venezuela Temporary Protected Status (TPS) designation. That designation will expire April 7, 2025....more

Venezuelan TPS Update: What Employers Should Know About 2023 Designation Not Extended

Announced in a Federal Register notice published Feb. 5, 2025, Secretary Kristi Noem decided not to extend the 2023 Venezuela TPS designation. That designation will expire April 7, 2025. DHS Secretary Noem announced on Jan....more

What DHS’ Vacatur of Venezuelan TPS Means for Employers

DHS Secretary Kristi Noem announced on Jan. 29, 2025, that she is vacating former DHS Secretary Alejandro Mayorkas’ Jan. 17, 2025, redesignation of Temporary Protected Status (TPS) for Venezuela for an additional 18 months....more

Rescinded Biden Immigration Executive Orders: What Employers Need to Know

As many expected, President Donald Trump has not only issued Executive Orders (EOs), but he has also rescinded many EOs issued by the Biden Administration concerning immigration, including the following: “The Restoring Faith...more

Hong Kong Residents Protected By New Deferred Enforced Departure Directive

President Joe Biden is extending Deferred Enforced Departure (DED) for 24 months through Feb. 5, 2027, for any Hong Kong resident (regardless of country of birth) currently living in the United States....more

USCIS H-1B Modernization Final Rule Effective January 17: Highlights for Employers

On Dec. 18, 2024, USCIS released the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Final Rule. First proposed in October 2023, the Biden...more

Nearly 65,000 H-2B Visas Released: What Employers Need to Know

The Department of Homeland Security has released an additional 64,716 H-2B temporary visas for non-agricultural workers. The additional visas will help employers in hospitality, tourism, landscaping, construction, seafood...more

Mississippi Court Blocks DOL’s Grant of Organizing Protections to H-2A Farmworkers

On Nov. 25, 2024, the U.S. District Court for the Southern District of Mississippi blocked enforcement of the Department of Labor (DOL) rule granting organizing protections to farmworkers on temporary H-2A visas by entering a...more

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District...more

DOL: Indefinite Delay in FLAG System Update for New H-2A Farmworker Visa Rule

The Department of Labor (DOL) has decided to delay updating its Foreign Labor Application Gateway, or FLAG, case processing system to implement revised H-2A job order and application forms for the new 2024 Farmworkers...more

Higher Enforcement Activity Expected After DOL-EEOC Partnership Agreement

The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have announced they will be collaborating and sharing information to improve their enforcement efforts....more

What Happens to the Immigration Agencies When the Government Shuts Down? - September 2023

By September 30, 2023, Congress will again have to fund the government. Despite ongoing efforts by the administration and Congress, indications are that a shutdown may occur at the beginning of the fiscal year, on October 1....more

Virtual Inspection of Form I-9 Original Documentation Permanent Option for Qualified Retailers

Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including retailers, at the beginning of the hiring process. Saying it learned from the...more

DHS Makes Qualified Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option

On July 21, 2023, the Department of Homeland Security (DHS) announced a final rule, which will be officially published on July 25, 2023, that will provide eligible employers filling out the Employment Eligibility Verification...more

Next Steps for Employer I-9 Compliance as Temporary Flexibility Ending July 31, 2023

U.S. Immigration and Customs Enforcement (ICE) has announced that employers will have 30 days to comply with Form I-9 employment eligibility verification physical document examination requirements when COVID-19 flexibility...more

USCIS Extends Comment Period for Proposed Fee Increases

USCIS has proposed raising its filing fees – and the burden of those increased fees will fall primarily on employers large and small. For example, the filing fee for an H-1B visa would be raised by 70% from $460 to $780....more

Ninth Circuit to Revisit End of TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua, Sudan

The Ninth Circuit Court of Appeals has agreed to an en banc rehearing in Ramos v. Mayorkas, potentially further extending Temporary Protected Status (TPS) for tens of thousands of individuals with current status from El...more

H-1B Cap Season for Fiscal Year 2024 Is Fast Approaching

The H-1B cap season for Fiscal Year 2024 is fast approaching. USCIS announced on January 27th that cap registration begins on March 1st. Employers should assess their hiring needs and determine if they will sponsor foreign...more

I-9 Flexibility Extended Through July 2023

The Department of Homeland Security (DHS) will continue Form I-9 flexibility for another nine months until July 31, 2023, according to an announcement. DHS guidance remains the same. Employees who, due to COVID-19 policies,...more

FY 2023 H-1B Update: USCIS Sending Not-Selected Notices

For H-1B visas, employers have been hoping there will be another round of selections for FY 2023, but that is not on the horizon. USCIS has been sending non-selection notices to registrants’ online accounts. USCIS can...more

DHS Takes Step Toward Allowing Virtual, Alternative Options for Examination of I-9 Documents

For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security (DHS) has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually...more

I-9 Flexibility Extended to End of October 2022

I-9 flexibility is extended until October 31, 2022, due to continuing COVID-19 precautions. The Department of Homeland Security (DHS) guidance remains the same and preparing for the possible end of the flexibility is still...more

USCIS Measures to Ease Processing Times

Just as the Biden Administration is proposing increased funding for USCIS to help reduce the agency’s backlog, USCIS is announcing future new actions to improve processing times....more

COVID-19 Travel Restrictions Set to Relax for Fully Vaccinated

As long as they can show that they are fully vaccinated against COVID-19, foreign travelers will be allowed to visit the United States beginning November 8, 2021, according to the Biden Administration. Until now, we knew...more

DHS Secretary Orders Discontinuation of Mass Worksite Enforcement Operations

Secretary of the Department of Homeland Security (DHS) Alejandro N. Mayorkas has issued a policy directive to immediately discontinue mass worksite enforcement operations. These involve large-scale law enforcement...more

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