News & Analysis as of

Department of Homeland Security (DHS) Foreign Workers Immigrants

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

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

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

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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

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

Morgan Lewis

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

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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

Quarles & Brady LLP

DHS Proposes Rule to Modernize H-1B Program

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The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more

Miller & Martin PLLC

The New Form I-9 Is Here - Are You Using It?

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In July, the United States Citizenship and Immigration Services (USCIS) announced a new Form I-9 that employers must use beginning November 1, 2023.  Compared with the older Form I-9 (Rev. 10/21/19), the new form has been...more

Seyfarth Shaw LLP

Proposed Rulemaking on H-1B Modernization

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On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

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Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights – September-October 2023

The Department of State published the October 2023 Visa Bulletin Report on September 15, 2023 and announced that it will accept family and employment-based filings based on the Dates for Filing chart in October. As October is...more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

Cooley LLP

USCIS Launches New Form I-9, Alternative Procedure for Virtual Documentation Inspection

Cooley LLP on

The US Citizenship and Immigration Services (USCIS) recently launched a new Form I-9 for employers verifying employment eligibility and announced a new alternative procedure permitting certain employers to inspect employees’...more

Burr & Forman

DHS Advances Remote I-9 Document Pilot Program for Non-E-Verify Employers

Burr & Forman on

Last month, DHS announced E-Verify employers would be eligible to utilize an alternative remote document verification procedure when completing Section 2 of Form I-9, starting August 1, 2023. Only a few days later, DHS...more

Epstein Becker & Green

Attention On-Boarding Managers: A New Form I-9 and New Options for Verifying Employment Eligibility (but There’s a Catch …)

Epstein Becker & Green on

When the pandemic abruptly shifted many employment relationships from offices and other physical workplaces to remote environments, many governmental and regulatory authorities responded by modifying existing protocols to...more

Brownstein Hyatt Farber Schreck

Significant Changes to the I-9 Process

Updates Include a New Form and Long-Awaited Remote Verification Procedures - The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services recently issued a new version of Form I-9, Employment...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Tarter Krinsky & Drogin LLP

New Form I-9 and Procedures for U.S. Employers: Does Your Business Qualify to Examine Documents Remotely?

Employers are required to use the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification (Form I-9) to verify the identity and employment authorization for...more

Dickinson Wright

August 1 Marks New Era in Remote Document Verification for Qualified E-Verify Employers as well as a New Compressed Form I-9

Dickinson Wright on

On August 1, all U.S. employers will have the option to use the new “one-page” Form I-9 (edition date 08/01/2023). The new August 2023 Form I-9 and Instructions are only available in draft form before August 1, 2023 via the...more

Stinson LLP

New Form I-9 Compliance Updates

Stinson LLP on

New Form I-9 Edition; New Virtual Verification Procedure for Eligible E-Verify Employers; and Temporary Remote I-9 Flexibilities End, with Action Required by August 30, 2023....more

Kramer Levin Naftalis & Frankel LLP

DHS Updates Form I-9 and Announces Flexible Alternatives to the Employment Eligibility Verification Process for E-Verify...

New version of Form I-9 to be released on Aug. 1, 2023 The U.S. Department of Homeland Security (DHS) recently announced modifications to the Form I-9, condensing it to one page to make it easier for employers to use. The...more

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