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New immigration initiatives may help undocumented spouses, “Dreamers”

The White House and U.S. Department of Homeland Security recently announced two new immigration initiatives. One provides a way for undocumented spouses of U.S. citizens and their children to obtain permanent resident status...more

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

DHS makes video inspections permanent for qualifying E-Verify participants, issues new Form I-9

Tuesday, the U.S. Department of Homeland Security published its new I-9 regulations, which will take effect next Tuesday, August 1. The regulations have two components: (1) a remote I-9 document examination procedure, and (2)...more

Employers seek to delay start of mandatory I-9 re-inspections

Employers are reportedly urging the Biden Administration to delay the current August 30 deadline for in person re-inspections of I-9 documents that were submitted virtually during the COVID-19 pandemic....more

Court upholds USCIS regulation requiring amended petition for change in location

The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more

Virtual I-9 inspections will end July 31, in-person “make-up” inspections must be completed by August 30

As expected, the U.S. Department of Homeland Security announced last week that the COVID-19 temporary flexibilities for Form I-9, which allowed for virtual inspections, will not be extended and will end on July 31. ...more

New program may create incentive for undocumented workers to report labor and employment violations

Last week, the U.S. Department of Homeland Security announced “Process Enhancements for Supporting Labor Enforcement Investigations.” Employers beware. This new process increases the likelihood that undocumented workers will...more

I-9 Compliance Flexibility Extended Again, but Only for COVID Precautions

I-9 flexibility for remote workers is being extended again – through July 31, 2023 – but, it appears, only for safety precautions due to COVID-19. The U.S. Immigrations and Customs Enforcement and Department of Homeland...more

Resolution of Social Security mismatches returns to pre-COVID timetable

The Social Security Administration has discontinued its COVID-19 extended timetable for employees to take action to resolve Social Security mismatches. The changes apply to anyone whose E-Verify case was referred to the SSA...more

DHS is ending I-9 compliance flexibility for expired List B documents. Is more to come?

In 2020, the U.S. Department of Homeland Security relaxed some of the I-9 compliance requirements because of the COVID-19 pandemic. Recently, the DHS announced that one of these I-9 compliance flexibilities would end on April...more

Settlement Is Good News For L-2 And H-4 Spouses Needing Employment Authorization

The U.S. Department of Homeland Security has agreed to make policy changes that will benefit L-2 spouses and certain H-4 nonimmigrants filing renewal applications for Employment Authorization Document cards...more

Biden Administration Ends Workplace Immigration Raids, Will Focus On Employers Instead

The Biden Administration is ending worksite raids to catch unauthorized workers, according to a memorandum issued last week by Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security. In doing so, the...more

USCIS Updates Policies To Reflect More Positive View Of Immigration

The U.S. Citizenship and Immigration Services recently took action to update some of its policies. The changes evidence the Biden Administration’s positive view of immigration and its plans to make the operation of the...more

DACA Struck Down By Federal Judge, Approval Of New Applications Enjoined

On July 16, a federal judge in Texas vacated the Deferred Action for Childhood Arrivals program. Judge Andrew Hanen ruled that the DACA was unlawfully created by the Executive Branch in violation of the Administrative...more

President Biden Suspends Entry Of Foreign Nationals Travelling From India

More than one-third of new global cases of COVID-19 have occurred in India, and the numbers are increasing. As a result, President Biden has added the Republic of India to the list of countries whose nationals and...more

New Guidance On National Interest Exceptions Will Make International Travel To U.S. More Of A Challenge

The U.S. State Department recently issued new guidance on the National Interest Exceptions for international travelers to the United States. The guidance applies to inbound travelers from Ireland, the Schengen Area, and the...more

Farewell To The 2019 Public Charge Rule And Form I-944!

For the last year, the fate of the Public Charge Rule, which expanded the ability of the U.S. Citizenship and Immigration Services to deny green cards to lower-income foreign nationals, has been uncertain. In addition to the...more

Public Charge Rule Is Still In Effect . . . But For How Much Longer?

This is an update to what we reported in December on the status of the “Public Charge Rule.” The rule remains in effect, but it is likely to either be rescinded by the Biden Administration or enjoined by a court. In the...more

What You Need To Know About This Year’s H-1B Cap Process

Last year, the U.S. Citizenship and Immigration Services rolled out for the first time a new electronic registration tool for H-1B cap cases as part of its implementation of regulations issued in January 2019. The 2019...more

H-1B Cap Lottery May Favor The Highest Paid Foreign Nationals - But Will The Rule Take Effect?

In filing an H-1B petition, employers must select one of four wage levels for the applicable occupational title in preparing the required Labor Condition Application. (There is an exception when a private wage survey is...more

Federal Court Rules Against Administration’s Two Controversial H-1B rules

We reported in October about two new rules that were issued by the U.S. Department of Homeland Security and the U.S. Department of Labor that would affect H-1B specialty occupation visas. The DOL rule significantly raised...more

The H-1B Cap Lottery May Change To Favor The Highest Paid Foreign Nationals

On Monday, the U.S. Department of Homeland Security issued proposed regulations that would amend the H-1B cap registration selection process by replacing the current random process with one based on wage levels. The proposed...more

New Rules Will Make It Harder To Get H-1B Petitions Approved, Significantly Raise Required Wages For H-1Bs And Green Cards

Thursday, the Trump Administration published in the Federal Register two new Interim Final Rules designed to reduce significantly the number of H-1B workers in the United States. They are- •A rule from the U.S. Department...more

New USCIS Filing Fees May Become Effective October 2

The U.S. Citizenship and Immigration Services is poised to implement new filing fees on October 2, under regulations published in the Federal Register on August 3. However, two lawsuits were filed in federal court about a...more

Flexibility On I-9 Verification Process Is Extended As COVID-19 Continues

In March, as a result of the COVID-19 pandemic, the U.S. Department of Homeland Security allowed more flexibility for employers seeking to verify documentation for I-9 forms. The DHS has now extended that flexibility for...more

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