News & Analysis as of

United States Citizenship and Immigration Services Employees

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
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

Quarles & Brady LLP

The Top Five H-1B Cap Post-Season Considerations for Employers

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Congratulations, your company (literally) won the lottery! At this point, you have either filed your respective H-1B cap-subject petitions or are working to file those petitions recently selected in the second round of the FY...more

Moore & Van Allen PLLC

Biden Policy Gives Employers New Ways To Help Dreamers

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On June 18, the Biden administration announced a two-part administrative action that provides an opportunity for certain undocumented immigrants to transition to permanent residence or an employer-sponsored immigration...more

Seyfarth Shaw LLP

Beyond PERM: Unlocking New Pathways to Green Card Sponsorship for Key Talent

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In light of prolonged Department of Labor (DOL) processing times and recent regulatory settlements involving the DOL and Department of Justice, employers are reevaluating their approaches to securing permanent residence...more

Littler

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

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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

Sheppard Mullin Richter & Hampton LLP

DHS Announces New Form I-9 and Remote Verification for E-Verify Employers

The Department of Homeland Security (“DHS”) announced on July 21, 2023 they will publish a revised version of Form I-9 on August 1, 2023. DHS also announced an enhanced remote verification flexibility using video for E-Verify...more

UB Greensfelder LLP

DHS Permits Permanent Remote I-9 Verification for Employers Who Use E-Verify

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The Department of Homeland Security (DHS) released a final rule Friday that will allow certain employers who use E-Verify to continue verifying employees’ I-9 documents remotely, making permanent a flexibility implemented...more

Brooks Pierce

Employers Must Use New Version of Form I-9

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On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I-9 (Rev. 08/01/23). What is Form I-9? Employers use Form I-9 to verify the identity and employment authorization of...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

Akerman LLP - HR Defense

Retrogression and Further Delays Expected in the Employment-Based Immigrant Visa Process During May 2023

Employers sponsoring foreign nationals should be aware that some cut-off dates for filing immigrant visa applications in certain employment-based (EB) preference categories have recently “retrogressed” or moved backwards in...more

Quarles & Brady LLP

Taking Luck Out of the Equation: Alternative Immigration Pathways for Foreign Nationals Not Selected in the H-1B Cap Lottery

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On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that...more

Nilan Johnson Lewis PA

I-9 Remote Document Inspection Flexibility Policy Extended to July 31, 2023

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UPDATE: The Department of Homeland Security (DHS) has granted an additional extension of the I-9 remote document inspection flexibility policy until July 31, 2023. U.S. Citizenship and Immigration Services is encouraging...more

DirectEmployers Association

OFCCP Week In Review: October 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment. Tuesday, October 11, 2022: USDOL Formally Proposes Six-Part Test to Determine Independent...more

Quarles & Brady LLP

Best Practices for Employers to Prepare Employees for Visa Interviews

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With visa interview appointments at the U.S. consulates abroad still limited due to COVID-19 backlogs, sponsored employees need to be as well-prepared as possible to avoid a visa denial at the visa window. To answer some...more

Littler

DHS Rule Increases Automatic Extension of Work Authorization for Certain Eligible Renewal Applicants

Littler on

On May 4, 2022, the U.S. Department of Homeland Security issued a Temporary Final Rule (TFR) automatically extending the work authorizations for certain renewal applicants listed on the USCIS website. Normally, the DHS...more

Gibney Anthony & Flaherty, LLP

FY 2023 H-1B Initial Selection Process Completed

On March 29, 2022, the USCIS announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2023 H-1B cap. A random selection (lottery) was conducted from...more

Schwabe, Williamson & Wyatt PC

It’s H-1B Season Again—Are You Ready?‎

U.S. Citizenship and Immigration Service (“USCIS”) announced on January 28, 2022, that this year’s annual application period for the FY 2022 H-1B program will run from March 1, 2022, through March 18, 2022. Continuing the new...more

Gibney Anthony & Flaherty, LLP

USCIS to Continue Electronic Registration for FY 2023 H-1B Cap Season from March 1 - 18

USCIS formally confirmed that it will continue using its electronic registration process for fiscal year (FY) 2023 H-1B cap season. The registration period will run from March 1 through March 18, 2022. H-1B CAP FY ‘23...more

Gibney Anthony & Flaherty, LLP

USCIS Selects Additional  FY 2022 H-1B Cap Registrations: What Employers and Foreign Nationals Need to Know

USCIS conducted a second lottery for the fiscal year (FY) 2022 H-1B cap on July 28, 2021 and has notified employers that additional registrations have been selected. Employers with selected registrations from the second...more

Gibney Anthony & Flaherty, LLP

USCIS Issues Policies to Improve Immigration Services: What Employers and Foreign Nationals Need to Know

U.S. Citizenship and Immigration Services (USCIS) announced three new policy updates to the USCIS Policy Manual aimed at improving access to immigration benefits. The updated policies: • Clarify the criteria for expedited...more

Foley & Lardner LLP

Biden Administration’s USCIS Reinstates Longstanding, Employer-Friendly Deference Policy

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As of April 27, 2021, the Biden administration has reinstated a longstanding policy of U.S. Citizenship & Immigration Services (USCIS) that the Trump administration revoked in its first year. The reinstated policy, commonly...more

Harris Beach PLLC

Effects of Employment Authorization Processing Delays on Foreign Workers and Companies

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In December 2020, we reported on the pandemic’s adverse effects on United States Citizenship and Immigration Services (USCIS) and how the nearly four-month office closure of Application Support Centers (ASCs) and Field...more

McCarter & English, LLP

USCIS Resumes Premium Processing For Certain Petitions

U.S. Citizenship and Immigration Services (USCIS) announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers, in phases over the...more

Seyfarth Shaw LLP

Court Blocks Implementation of Revised Forms Addressing New Public Charge Interpretation

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Seyfarth Synopsis: U.S. District Court in New York issued a nationwide injunction blocking the implementation of USCIS’ final rule on inadmissibility on public charge grounds, which rule resulted in significant changes to...more

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