News & Analysis as of

Immigration Department of Homeland Security (DHS)

Harris Beach PLLC

Two New Immigration Initiatives Aim to Ease Application Processes

Harris Beach PLLC on

President Biden recently announced a pair of new immigration initiatives, including a new process to significantly ease the burden of obtaining lawful permanent resident status (i.e. a “green card”) for certain spouses and...more

Littler

New Executive Action to Provide Protections for Certain Noncitizen Spouses

Littler on

The Department of Homeland Security (DHS) announced that the agency will establish a new process to consider, on a case-by-case basis, requests from eligible noncitizen spouses of U.S. citizens for parole-in-place status. ...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

Nilan Johnson Lewis PA

Department of Homeland Security Increases Automatic Extension Period for Certain Employment Authorization Documents from 180 Days...

Nilan Johnson Lewis PA on

On April 8, 2024, the Department of Homeland Security issued a Temporary Final Rule increasing the automatic extension period for expiring Employment Authorization Documents (EADs) of renewal applicants who have filed Form...more

Harris Beach PLLC

Happy Holidays: Nearly 65,000 More H-2B Visas and a New Eligible Country

Harris Beach PLLC on

In the spirit of the season, the U.S. Department of Homeland Security has given the H-2B community some news for which to be thankful. The first is an announcement updating the Eligible Countries List...more

Lippes Mathias LLP

L-1 Immigration Status: Are You Really an Executive, or Manager?

Lippes Mathias LLP on

With limited immigration options to obtain work authorization in the U.S., intercompany transferee (L-1) work authorization is a strategy used by companies operating throughout Canada and abroad to send key workers to the...more

Hinshaw & Culbertson - Employment Law...

How a Partial Government Shutdown Would Impact Employers and Business Immigration Services

U.S. Citizenship and Immigration Services - With a partial government shutdown still potentially imminent, here is an overview of the potential impacts on employers and business immigration services....more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights – August-September 2023

Second Round of H-1B Cap Registration Selection – United States Citizenship and Immigration Services (USCIS) conducted a second round of the H-1B cap lottery between July 28th and 31st for Fiscal Year (FY) 2024. The new...more

Perkins Coie

Form I-9 Inspection Requirement Compliance as COVID-19 Remote Verification Flexibility Sunsets

Perkins Coie on

The U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have announced that employers will have until August 30, 2023, to physically verify Form I-9 documentation that may have been...more

Harris Beach PLLC

I-9 Compliance in a Post-Pandemic World: What Every Employer Needs to Know

Harris Beach PLLC on

Effective July 31, 2023, the U.S. Department of Homeland Security (DHS) will terminate the Form I-9 flexibilities that have been in place since March 2020. Under these flexibilities, DHS exercised its discretion to defer the...more

Quarles & Brady LLP

Sunsetting of Form I-9 Flexibilities

Quarles & Brady LLP on

The Department of Homeland Security (DHS) recently announced the termination of temporary Form I-9 flexibilities that were put into place in response to challenges of in-person document examination during the COVID-19...more

Harris Beach PLLC

The New Public Charge Rule and its Previous Iterations

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The public charge provisions in the Immigration Nationality Ac (INA) have been part of U.S. immigration law for decades. We recently reported that on December 23, 2022, the Department of Homeland Security (DHS) began using a...more

Constangy, Brooks, Smith & Prophete, LLP

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

Shumaker, Loop & Kendrick, LLP

Breaking News: Major Settlement Changes How USCIS Will Adjudicate Employment Authorization Documents for Nonimmigrant Spouses

Today, the American Immigration Lawyers Association (“AILA”) and its litigation partners achieved a historic settlement with the Department of Homeland Security (“DHS”) in Shergill, et al. v. Mayorkas, Case 2:21-cv-01296,...more

Baker Donelson

State of Play in Business and Family Immigration

Baker Donelson on

More than 78 days into the Biden Administration, less dust than expected or hoped has settled on the landscape for business and family immigration to the U.S. This article briefly assesses the state of play concerning...more

Gibney Anthony & Flaherty, LLP

U.S. Immigration Update: DHS Secretary Confirmed and More Immigration Executive Orders Issued

On February 2, 2021, the U.S. Senate confirmed Alejandro Mayorkas as Department of Homeland Security (DHS) Secretary and President Biden signed three immigration orders aimed at reunifying children separated from their...more

Jackson Lewis P.C.

DHS To Propose Expansion of Biometrics Collection

Jackson Lewis P.C. on

On September 11, 2020, the Department of Homeland Security (DHS) will release a new regulation for notice-and-comment that proposes to expand the collection of biometric data and give DHS increased flexibility to deal with...more

Jackson Lewis P.C.

Travelers From New York Allowed Into Trusted Traveler Programs Again

Jackson Lewis P.C. on

New Yorkers can once again register for Trusted Traveler Programs. However, registrants should note that, due to COVID-19, Trusted Traveler Enrollment Centers are closed until at least September 8, 2020. In early...more

Jackson Lewis P.C.

Current Beneficiaries May Renew DACA Status While Program Undergoes Review, Administration Announces

Jackson Lewis P.C. on

In response to the June 2020 U.S. Supreme Court decision that the DACA program had not been properly terminated by the Trump Administration, President Donald Trump has announced he will be instituting a comprehensive review...more

Jackson Lewis P.C.

I-9 Inspection And Return-To-Work Issues

Jackson Lewis P.C. on

The Department of Homeland Security’s COVID-19 flexibility regarding the physical presence requirements for I-9 inspection ends on July 19, 2020, for companies that are still operating 100-percent remotely. Unless further...more

Tarter Krinsky & Drogin LLP

New Executive Order Extends Travel Ban For Certain Visas

An executive order further limiting entry for nonimmigrant workers in H-1B, H-2B, L-1 and J-1 status (and their dependents) will take effect on June 24, 2020, at 12:01 am and will remain in effect through December 31, 2020. ...more

Holland & Hart LLP

What is the Impact of President Trump's Temporary Immigration Suspension?

Holland & Hart LLP on

In light of the impact of COVID-19 on the U.S. labor market, on Monday President Trump tweeted “I will be issuing a temporary suspension of immigration into the United States.” Yesterday, the President signed an Executive...more

Bradley Arant Boult Cummings LLP

Even I-9s Affected by COVID-19 (If Operating Remotely), Plus a New Form

The newest edition of Form I-9 is officially here, and DHS has provided some guidance on how to inspect work authorization documents in a COVID-19 remote world. The New Form - Last fall, U.S. Citizenship and Immigration...more

Jackson Lewis P.C.

DHS: Extra H-2B Visas On Hold Because Of High Unemployment Due To COVID-19

Jackson Lewis P.C. on

Extra H-2B visas have been put “on hold” and would not be released “until further notice,” the Department of Homeland Security (DHS) has announced. Shortfalls of H-2B visas have been a perennial problem. Used for...more

Butler Snow LLP

COVID-19: Impact on Business Immigration FAQs

Butler Snow LLP on

The current National Emergency is resulting in rapid changes to US immigration law and policy. We are monitoring those changes and will continue to update these FAQs with new developments...more

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