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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 Publishes New Form I-9

DHS has today, July 25, 2023, published a new Form I-9, Employment Eligibility Form. USCIS has made significant changes to the form and its instructions, including a checkbox to indicate that an employee’s Form I-9...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

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

Certain Green Cards Getting 24-Month Extensions as USCIS Deals With Processing Delays

In continuing its efforts to deal with processing backlogs, USCIS is allowing longer automatic extensions of green cards for lawful permanent residents who have applied for naturalization....more

Temporary Protected Status Extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua, Sudan

The Department of Homeland Security announced that Temporary Protected Status (TPS) and employment authorization are automatically extended until June 30, 2024, for beneficiaries from El Salvador, Honduras, Nepal, and...more

USCIS Extends Validity of Green Cards for 24 Months for Certain Permanent Residents

Due to long processing delays, USCIS is extending the validity of green cards for 24 months for legal permanent residents who have filed a Form I-90, Application to Replace Permanent Residence Card. USCIS is doing this in...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

Cameroon Temporary Protected Status Application Instructions Issued

Department of Homeland Security (DHS) has issued a Federal Register notice with instructions on how to apply for Temporary Protected Status (TPS) for Cameroon. The designation runs for 18 months, until December 7, 2023, and...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

Cameroon Designated for Temporary Protected Status

The Department of Homeland Security has announced the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. The designation is based on the ongoing armed conflict in Cameroon. Secretary Alejandro N....more

DHS on New Premium Processing

The Department of Homeland Security set out the specifics about the upcoming new premium processing benefits in the Federal Register on March 30, 2022. The details, however, did not include any specific implementation dates,...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

USCIS Announces Opening Of H-1B Cap Season

USCIS has announced that the Cap H-1B Electronic Registration will open on March 9, 2021 at noon EST and will close on March 25, 2021 at noon EST. The process will mirror last year’s process. USCIS also announced its...more

USCIS Issues Final Rule On Modification Of H-1B Cap Selection Process

USCIS has released its final rule on the modification of the H-1B cap selection process (“Modification Rule”) to prioritize petitions with the highest wage levels in the Federal Register. Unless the Biden administration...more

DHS Announces Extension Of TPS For El Salvador, Haiti, Honduras, Nepal, Nicaragua, Sudan

The Department of Homeland Security (DHS) announced a further extension of status and work authorization until October 4, 2021, for Temporary Protected Status (TPS) beneficiaries from El Salvador, Haiti, Honduras, Nepal,...more

USCIS Premium Processing Fees: Bad News, Good News

Premium processing fees are going up (the bad news), but premium processing will be available for more types of cases (the good news) according to changes included in the recently passed Continuing Resolution (CR) that will...more

Judge Issues Preliminary Injunction Against Nonimmigrant Ban

Judge Jeffrey S. White has granted the plaintiffs’ request for preliminary injunction preventing the continued enforcement of the Presidential Proclamation suspending the entry of certain individuals in H, L, and J status...more

I-9 Flexibility Continued For Another 60 Days, Until November 19, 2020

Days before the upcoming deadline, ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 60 days (instead of just 30 days), until November 19,...more

Federal Appellate Court Upholds End Of Temporary Protected Status For El Salvador, Nicaragua, Sudan

The Trump Administration’s effort to end Temporary Protected Status (TPS) for approximately 250,000 people from El Salvador, Nicaragua, and Sudan has been upheld in a split ruling from U.S. Court of Appeals for the Ninth...more

USCIS Furloughs Delayed To October

USCIS has announced that, due to an “unprecedented” increase in revenues, the source of which is unclear, it would not go forward with the furloughs previously scheduled for August 30, 2020 – at least not until the end of the...more

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