News & Analysis as of

Department of Homeland Security (DHS) Foreign Workers

Seyfarth Shaw LLP

Judge Temporarily Pauses Parole in Place Program for Undocumented Spouses and Stepchildren

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After the Parole in Place Program (“Keeping Families Together”) went into effect on August 19, 2024, sixteen State Attorneys General filed a complaint against the U.S. Department of Homeland Security (“DHS”) et. al. The...more

McGuireWoods LLP

DHS Publishes Inflation-Adjusted Fines for Employer Noncompliance With I-9 Rules

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The Department of Homeland Security (DHS) published on June 28, 2024, increased civil monetary penalties for employer noncompliance with Form I-9 rules. Each year, penalties pursuant to the Immigration and Nationality Act of...more

Jackson Lewis P.C.

Why Certain TPS Beneficiaries Need to Request Form I-797 Despite EAD Automatic Extension

Jackson Lewis P.C. on

On June 20, 2024, USCIS announced the automatic extension until March 9, 2025, of Employment Authorization Documents (EADs) issued to certain Temporary Protected Status (TPS) beneficiaries from El Salvador, Honduras, Nepal,...more

Cozen O'Connor

Be Prepared for Higher I-9 Fines and More I-9 Inspections

Cozen O'Connor on

On June 28, 2024, the Department of Homeland Security (DHS) published a final rule imposing increased fines on employers for failure to comply with I-9 regulations. In addition to higher fines, employers should expect an...more

Tarter Krinsky & Drogin LLP

EAD Validity Extended through March 9, 2025 for TPS Recipients from El Salvador, Honduras, Nepal, Nicaragua, and Sudan

On June 20, 2024, U.S. Citizenship and Immigration Services (USCIS) announced the extension of validity of Employment Authorization Documents (EADs or work permits) issued to Temporary Protected Status (TPS) beneficiaries...more

McGuireWoods LLP

USCIS Trial Launch of E-Verify+: What Employers Need to Know

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U.S. Citizenship and Immigration Services (USCIS) announced a trial launch of E-Verify+ on May 29, 2024. This trial will enable E-Verify to conduct testing and receive feedback to refine the E-Verify+ product before releasing...more

Davis Wright Tremaine LLP

Hidden Pitfalls in I-94s Threaten Foreign Worker Immigration Status Compliance

An immigration records change dating back two years has emerged as a significant concern for employers sponsoring foreign national workers. The Shift to Electronic I-94s and Immigration Overstay Issues - In 2022, U.S....more

Guidepost Solutions LLC

H-2B Visa: 3 Must Knows for Employers

Each year the Department of Homeland Security (DHS) oversees the administration of the H-2B program that provides up to 66,000 visas for non-citizen workers to enter the United States to fill jobs in non-agricultural seasonal...more

Jackson Lewis P.C.

DHS: Automatic Extension of Work Authorization for Certain Renewal Applicants

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Good news for those applying for or with pending Employment Authorization Document (EAD) renewals. DHS is temporarily reinstituting its 540-day automatic extension of work authorization for eligible individuals....more

Harris Beach PLLC

USCIS To Increase Filing Fees Effective April 1, 2024

Harris Beach PLLC on

The Department of Homeland Security recently published a Final Rule in the Federal Register establishing a filing fee increase that will go into effect on April 1, 2024. The new fee schedule significantly increases several...more

Seyfarth Shaw LLP

Valentines Day Glitch: E-Verify Photo-Match Mayem

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On the morning of February 14, 2024, several clients reached out after encountering issues with the photo matching tool in E-Verify. They reported discrepancies where the photos transmitted by E-Verify did not align with the...more

Littler

DHS Announces Special Immigration Protection for Workers Who Help in Labor and Employment Agency Investigations

Littler on

The Department of Homeland Security (DHS) has recently announced a streamlined process for foreign workers to request deferred action. Deferred action is a type of prosecutorial discretion to defer removal action...more

Seyfarth Shaw LLP

USCIS Announces FY 2025 H-1B Cap Registration Details and Updates

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Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration...more

Jackson Lewis P.C.

H-1B Update: New Rule Focuses on Beneficiary-Centric Improvements

Jackson Lewis P.C. on

USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process,...more

Holland & Hart - Employers' Lawyers

Business Immigration – Looking Ahead to the 2024 H-1B Cap Lottery and Other Developments Employers Should Watch For

Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we...more

Constangy, Brooks, Smith & Prophete, LLP

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

Seyfarth Shaw LLP

U.S. Citizenship and Immigration Services Increases Premium Processing Fees

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Seyfarth Synopsis: Department of Homeland Security (DHS) published a final rule to increase premium processing fees. The new fees will start on February 26, 2024. On December 27, 2023, USCIS announced an inflation adjustment...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Jackson Lewis P.C.

H-2B Visa Update: Additional Temporary Nonagricultural Visas Granted for FY 2024

Jackson Lewis P.C. on

Congress has approved an additional 64,716 H-2B visas for fiscal year 2024, supplementing the 66,000 available annually. As in prior years, restrictions will apply. A temporary final rule has been published in the Federal...more

Dickinson Wright

65,000 More Reasons to Get Ready: Essential H-2B Filing Strategies for FY2024

Dickinson Wright on

On November 3, 2023, the U.S. Department of Homeland Security (“D.H.S.”) with support of the Department of Labor (“D.O.L.”) announced that it expects to make available an additional 64,716 H-2B temporary nonagricultural visas...more

Littler

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

Littler on

On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program.  DHS states...more

Cozen O'Connor

Cozen O'Connor Immigration Catch Up: October 2023

Cozen O'Connor on

October 2023 not only provided amazing Halloween costumes but big updates to the United States and global immigration. The Cozen O’Connor catch-up this month highlights these changes and provides the details you need to...more

Morgan Lewis

DHS Proposes ‘Modernizing’ H-1B Specialty Occupation Worker Program

Morgan Lewis on

The US Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) with respect to the regulations governing the H-1B nonimmigrant visa classification. The proposed rule seeks to improve the...more

Locke Lord LLP

New Form I-9 Required Starting November 1, 2023‎

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On August 1, 2023, United States Citizenship and Immigration Services (“USCIS”) released a new Form I-9 that employers must use to verify the identity and employment authorization of their employees. The new form recognizes...more

Fisher Phillips

White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know

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The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more

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