News & Analysis as of

Department of Homeland Security (DHS) United States Citizenship and Immigration Services Corporate Counsel

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

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

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

Mintz - Immigration Viewpoints

DHS Publishes Proposed H-1B Regulations

On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more

Jackson Lewis P.C.

DHS Makes Qualified Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

USCIS Petition Requirements for Relocating H-1B Employees Are Sound, Federal Court Confirms

Jackson Lewis P.C. on

U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements...more

Littler

Employers Have 30 Days to Reach Compliance after I-9 COVID Flexibilities End on July 31, 2023

Littler on

On May 4, 2023, the Department of Homeland Security (DHS) and Immigration Customs and Enforcement (ICE) announced that employers have 30 days to reach I-9 compliance after COVID-19 flexibilities end on July 31, 2023. Under...more

Morgan Lewis

Employers: Form I-9 Physical Inspection Compliance Deadline Is August 30, 2023

Morgan Lewis on

The US Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) announced on May 4, 2023 that employers will have until August 30, 2023 to complete the physical inspection of identity and...more

Littler

DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations

Littler on

The U.S. Department of Homeland Security (DHS) has announced a centralized process whereby undocumented workers who are victims of, or witnesses to, violations of labor rights (including workers’ rights surrounding wage...more

Fisher Phillips

I-9 Deadline Approaching: Employers Have Until July 31 to Update Critical Immigration Forms

Fisher Phillips on

If you accepted expired forms of identification from new employees who completed their I-9 forms during the pandemic, your deadline for updating them with current proofs of identification is fast approaching. The Department...more

Ruder Ware

Are You Keeping an Eye on Your Form I-9?!

Ruder Ware on

Recently, we have been fielding calls from clients regarding “remote” Form I-9 verification. The current rule is that employers can ONLY verify I-9 forms remotely for employees who are remote due to COVID -19. For the...more

Fisher Phillips

Employers Breathe Sigh of Relief as Immigration Officials Extend Employment Authorization for Many Workers

Fisher Phillips on

Thanks to a new rule published yesterday, a broad group of nonimmigrant workers waiting for their employment authorization cards will have their temporary work authorizations extended for 540 days from their expiration date –...more

Jackson Lewis P.C.

I-9 Flexibility Extended to End of October 2022

Jackson Lewis P.C. on

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

Gibney Anthony & Flaherty, LLP

USCIS to Expand Premium Processing Offerings

The Department of Homeland Security has published a final rule to expand premium processing service to expand premium processing service for certain immigration benefit requests. The rule takes effect May 31, 2022....more

Constangy, Brooks, Smith & Prophete, LLP

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

Jackson Lewis P.C.

DHS Issues New Policies On Expedited Processing, Requests For Evidence, And More

Jackson Lewis P.C. on

Secretary of the Department of Homeland Security Alejandro N. Mayorkas has announced several new USCIS policies meant to improve the legal immigration system, eliminate barriers, and reduce burdens on applicants...more

Gibney Anthony & Flaherty, LLP

USCIS and State Department Take Action to Improve Access to Immigration Benefits

Early in its tenure, the Biden Administration issued an executive order directing the State Department and the Department of Homeland Security (DHS) to identify barriers that impede access to immigration benefits and the...more

WilmerHale

Biden Administration Delays Trump-Era Rule Changing H-1B Lottery System

WilmerHale on

The Biden Administration announced that it would delay implementing a new rule promulgated in the waning days of the Trump Administration that would change the long-standing practice of allocating H-1B visas for highly...more

Jackson Lewis P.C.

USCIS Withdraws Proposed Filing Fee Increases

Jackson Lewis P.C. on

The USCIS filing fee increases that were proposed last summer will not be implemented. In August 2020, the Department of Homeland Security (DHS) published a new filing fee rule in the Federal Register that raised USCIS...more

Jackson Lewis P.C.

DHS Announces New Procedure For DACA Recipients

Jackson Lewis P.C. on

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

Tarter Krinsky & Drogin LLP

Federal Courts Reverse And Invalidate Administration Policies Concerning Deferred Action For Childhood Arrivals And The Definition...

On Friday, December 4, 2020, a federal judge ordered the U.S. Department of Homeland Security (DHS) to reopen the Deferred Action for Childhood Arrivals (DACA) program to new applicants for the first time since 2017. This...more

Littler

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

Harris Beach PLLC

Radical Change to H-1B Lottery Process Proposed by Trump Administration

Harris Beach PLLC on

On November 2, 2020, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) to effectively end the random H-1B visa lottery selection process used when U.S. Citizenship and Immigration...more

Seyfarth Shaw LLP

ICE Extends COVID I-9 Rules to December 31-Happy New Year!

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Today, the U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. This announcement was expected in light of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Proposes Shift to Wage-Based H-1B Selection Process

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations...more

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