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Upcoming E-Verify Account Login Changes

E-Verify will enhance security for account logins later this year. The system will require multi-factor (or two-step) authentication, meaning that, in addition to a password, users may need to enter a code sent to their email...more

H-1B Update: USCIS to Hold Second Round of Selections for FY 2025 H-1B Cap

Just as people were starting to lose hope, USCIS announced that it will soon hold a second round of selections for the FY 2025 H-1B cap. USCIS will randomly select additional registrations for unique beneficiaries from the...more

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

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

Temporary Protected Status Extended for El Salvador, Honduras, Nepal, Nicaragua, Sudan

USCIS announced that it is extending the validity of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (TPS) beneficiaries from El Salvador, Honduras, Nepal, Nicaragua, and Sudan until...more

New Protections for Foreign National Spouses of U.S. Citizens Announced

President Joe Biden announced protections for undocumented foreign national spouses of U.S. citizens who have lived in the United States for 10 years without a legal immigration status. This will protect approximately 500,000...more

U.S. Southern Border Shut Down Temporarily to Asylum Applications

President Joe Biden has ordered a temporary suspension of asylum applications for migrants who cross the southern border illegally between ports of entry. This suspension went into effect at midnight on June 5 because the...more

Reconsidering Repayment Agreements with Foreign Employees

It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end...more

Senators Lean on DHS to Provide NIL Guidance for International Student-Athletes

As restrictions lessen on collegiate athletes’ ability to be compensated for their name, image, and likeness (NIL), international student-athletes in F-1 status continue to be at risk if they pursue these economic...more

DHS: Automatic Extension of Work Authorization for Certain Renewal Applicants

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

New, Higher USCIS Filing Fees Take Effect April 1, 2024

Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed. The H-1B filing fee, for example, will rise...more

DOL Proposes Additions to Schedule A Occupations List in Response to Executive Order on AI

In response to the Executive Order (EO) on Artificial Intelligence, on December 21, 2023, the Department of Labor (DOL) issued a request for information in the Federal Register asking for public comment on possible additions...more

Proposed Rule to Reform, Modernize H-1B Program

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements...more

DHS to Propose Amending H-1B, F-1 Regulations

The Department of Homeland Security (DHS) will soon be issuing a new proposed rule: Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program....more

USCIS Increases Validity Period of Employment Authorization Documents

USCIS is increasing the maximum validity period to five years for initial and renewal Employment Authorization Documents (EADs) for certain categories of applicants, including noncitizens with pending adjustment of status...more

What Happens to the Immigration Agencies When the Government Shuts Down? - September 2023

By September 30, 2023, Congress will again have to fund the government. Despite ongoing efforts by the administration and Congress, indications are that a shutdown may occur at the beginning of the fiscal year, on October 1....more

H-1B Update: Suspecting Fraud, USCIS Challenges, Denies Some Petitions, and Foreign Nationals Sue

USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted...more

Virtual Inspection of Form I-9 Original Documentation Permanent Option for Qualified Retailers

Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including retailers, at the beginning of the hiring process. Saying it learned from the...more

DHS Publishes New Form I-9

DHS has today, July 25, 2023, published a new Form I-9, Employment Eligibility Form. USCIS has made significant changes to the form and its instructions, including a checkbox to indicate that an employee’s Form I-9...more

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

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

Next Steps for Employer I-9 Compliance as Temporary Flexibility Ending July 31, 2023

U.S. Immigration and Customs Enforcement (ICE) has announced that employers will have 30 days to comply with Form I-9 employment eligibility verification physical document examination requirements when COVID-19 flexibility...more

Elimination of Paper Documentation in Streamlined Entry Process Raises Issues for Foreign Nationals

Customs and Border Protection (CBP) has been implementing “Simplified Arrival” at all airports, seaports, and most ports of entry since early 2022. The purpose is to secure and streamline the entry process. But the...more

H-1B Cap Season for Fiscal Year 2024 Is Fast Approaching

The H-1B cap season for Fiscal Year 2024 is fast approaching. USCIS announced on January 27th that cap registration begins on March 1st. Employers should assess their hiring needs and determine if they will sponsor foreign...more

Yemeni TPS Extended Again

The Department of Homeland Security announced the redesignation of Yemen for Temporary Protected Status (TPS) and its extension from March 4, 2023, through Sept. 3, 2024. Individuals who have not previously held Yemeni TPS...more

COVID-19 Restrictions Return for Travelers from China, Hong Kong, Macau

Starting on Jan. 5, 2023, COVID-19 travel restrictions are back for those travelling to the United States from China, Hong Kong, or Macau. Individuals will have to show evidence of a negative COVID-19 test or of recovery from...more

Foreign Student-Athletes and Name, Image, Likeness

Prior to 2021, collegiate student-athletes were not able to make sponsorship deals and profit from their names, images, and likenesses (NILs). However, in 2021, that changed when the NCAA adopted a new policy allowing...more

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