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
Department of Homeland Security (DHS) has issued a Federal Register notice with instructions on how to apply for Temporary Protected Status (TPS) for both Ukraine and Sudan. Both designations run for 18 months, until October...more
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
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 has announced that H-1B Cap registration will start on March 1, 2022, at noon (Eastern) and will continue through noon (Eastern) on March 18, 2022.
If enough registrations to fill the cap are received by March 18...more
Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas, USCIS is making major policy changes. Going forward,...more
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
10/13/2021
/ Audits ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Equal Employment Opportunity Commission (EEOC) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
NLRB ,
Trump Administration ,
USCIS
The country dodged a government shutdown at the end of September, but we may be faced with the same problem on December 3, 2021, when Congress will again have to fund the government. Because we often come close to a shutdown...more
E-Verify is moving toward tougher enforcement, which can result in a temporary termination from participation in the E-Verify program.
Early in the COVID-19 pandemic, E-Verify relaxed some of its standards regarding...more
USCIS made more random Cap H-1B selections on July 28, 2021. Notifications started to go out today – July 29, 2021. Due to a glitch in the USCIS system, attorneys do not yet have access to the notices (although some employers...more
The Department of Homeland Security has announced that it will be extending Haitian Temporary Protected Status (TPS) for 18 months, until November 2022. It also has officially set out the application procedures for Burmese...more
The gap between jobs needing to be filed and the skilled talent pool capable of filling them continues to grow wider in many industries, particularly in the U.S. manufacturing industry.
The ability to retain labor from...more
3/4/2021
/ Citizenship ,
Coronavirus/COVID-19 ,
DACA ,
Executive Orders ,
Federal Pilot Programs ,
Foreign Workers ,
H-1B ,
Immigrants ,
Labor Shortage ,
Manufacturers ,
National Association of Manufacturers ,
STEM ,
Temporary Protected Status ,
USCIS
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 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
On January 4, 2021, DHS announced that for I-9 purposes, Deferred Action for Childhood Arrivals (DACA) recipients may present an unexpired Employment Authorization Document (EAD) with Code C33 issued on or after July 28,...more
Once again, just as it was about to expire, ICE has announced a further extension of flexibility in its rules related to Form I-9 compliance. This time, the extension will continue through December 31, 2020.
Employers will...more
The Department of Homeland Security (DHS) has released yet another rule that will make it harder and more costly for U.S. companies to employ highly skilled workers.
As a companion regulation to the “Strengthening Wage...more
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
A federal judge in California has enjoined the USCIS’ new fee rule just a little more than a day before petitions and applications had to be postmarked.
Judge Jeffrey S. White’s decision in Immigrant Legal Resource Center v....more
While it typically uses the “Final Action Dates” chart for accepting adjustment of status application filings, U.S. Citizenship and Immigration Services (USCIS) has announced that for October 2020, it will allow...more
Foreign students soon may find themselves subject to new policies and processes regarding their status in the United States.
U.S. Immigration and Customs Enforcement (ICE) has released for comment its proposed rule...more
The Department of Homeland Security (DHS) may resume implementation of the new Public Charge Rule, the U.S. Court of Appeals for the Second Circuit has ruled.
The factors that are considered under the new Public Charge...more
The “Strengthening the H-1B Nonimmigrant Visa Classification Program” rule has been submitted to the Office of Information and Regulatory Affairs (OIRA) for review and could be published by the end of the year – or earlier....more
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
Due to the continuation of the COVID-19 national emergency, the Department of Homeland Security (DHS) has decided to continue its temporary loosening of H-2A rules to make it easier to employ temporary, seasonal agricultural...more