Buried within the Immigration and Customs Enforcement (ICE) website is seemingly recent guidance regarding how to update “virtual” Forms I-9 after companies return to “normal business operations.” While it’s unclear when the...more
Seyfarth Synopsis: In light of the recent Supreme Court decision, DHS continues the DACA program, but implements new guidance as it conducts a complete review of the program....more
8/28/2020
/ Administrative Procedure Act ,
DACA ,
Deferred Action ,
Department of Homeland Security (DHS) ,
E-Verify ,
Form I-9 ,
Hiring & Firing ,
Immigration and Nationality Act ,
Immigration Procedures ,
National Origin Discrimination ,
New Guidance ,
Trump Administration ,
USCIS
On August 25, the United States Citizenship and Immigration Service (“USCIS”) Deputy Director for Policy, Joseph Edlow, confirmed the agency no longer intends to furlough 13,000 employees at the end of the month. The message,...more
On August 18, 2020, Immigration and Customs Enforcement (ICE) announced that employers have an additional 30-day extension to the flexibilities in rules related to Form I-9 compliance. ...more
8/19/2020
/ Corporate Counsel ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Required Forms ,
USCIS
The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more
8/7/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Executive Orders ,
Federal Contractors ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration and Nationality Act ,
Immigration Procedures ,
Immigration Reform ,
Memorandum of Agreement ,
Subcontractors ,
Trump Administration ,
USCIS ,
Visas
Posting early morning on July 20, but dated July 18, Immigration and Customs Enforcement (ICE) confirmed that employers have an additional 30-day extension to the flexibilities in rules related to Form I-9 compliance. ...more
As of early Friday morning, July 17, there’s been no announcement by Immigration and Customs Enforcement (ICE) confirming whether it will continue the flexibility granted in the Form I-9 process, temporarily suspending the...more
The Trump administration, in response to a lawsuit filed by Harvard University and Massachusetts Institute of Technology, as well as several other suits, agreed to rescind its surprise Immigration and Customs Enforcement...more
7/16/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
F-1 Visa ,
Foreign Students ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
M-1 Visa ,
Non-Immigrant Visas ,
SEVP ,
Trump Administration ,
USCIS ,
Visas
U.S. Immigration and Customs Enforcement (ICE) announced a policy change on July 6 that will substantially disrupt higher education for the fall semester. This major change in policy was issued without any opportunity for...more
7/9/2020
/ Colleges ,
Customs and Border Protection ,
F-1 Visa ,
Foreign Exchange Students ,
Foreign Students ,
Immigration Procedures ,
M-1 Visa ,
Online Education ,
SEVP ,
Trump Administration ,
Universities ,
US Department of State
On June 16, 2020, U.S. Immigration and Customs Enforcement (ICE) once again announced a 30-day extension of flexibility for the remote completion of Form I-9 (Employment Eligibility Verification), and a dispensation from the...more
6/22/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Relief Measures ,
Required Forms ,
USCIS
On May 14, 2020, Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance, initially granted on March 20. The ICE notice extends the ability for employers...more
5/18/2020
/ Coronavirus/COVID-19 ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Relief Measures ,
Required Forms ,
USCIS
In anticipation of the 10/21/19 version of the Form I-9 becoming mandatory for use, on May 1, the U.S. Citizenship and Immigration Service (USCIS) released the new M-274, Handbook for Employers....more
Seyfarth Synopsis: The President’s Proclamation will pause the issuance of immigrant visas for those seeking lawful permanent residence (Green Card) status through consular processing at posts outside of the U.S. for the...more
Seyfarth Synopsis: Following a late-night tweet from the President on suspending immigration into the U.S., we have learned today that the President’s executive order (“EO”) on immigration will be limited in scope. ...more
Seyfarth Blog Synopsis: In today’s posting we discuss the impact that COVID-19 related changes in working conditions, furloughs and layoffs have on businesses with employees currently working on H-1B, H-1B1 or E-3 work...more
4/13/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
E-3 ,
Furloughs ,
H-1B ,
H-1B1 ,
Immigration Procedures ,
Labor Condition Applications ,
Telecommuting ,
Visas ,
Wage and Hour
With the closure of Social Security Administration (SSA) offices in the wake of COVID-19, we are receiving questions concerning the impact on work authorization for individuals who may have recently entered the U.S. in a...more
3/31/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
E-Verify ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Hiring & Firing ,
I-94 Cards ,
Immigration Procedures ,
L-1 Visas ,
Social Security Administration (SSA) ,
Social Security Numbers ,
Temporary Work Visas ,
TN-Visas ,
USCIS ,
Visas
Seyfarth Synopsis: E-Verify has offered guidance to employers to address concerns with expiring State Drivers’ Licenses and Identification Documents. The guidance, though, fails to address the situation where states have not...more
Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these...more
3/27/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
E-Verify ,
Foreign Nationals ,
Form I-129 ,
Form I-9 ,
H-1B ,
I-140 ,
Immigration Procedures ,
PERM ,
Travel Restrictions ,
USCIS ,
Visas
Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these...more
Seyfarth Synopsis: Within the last few days, the Trump Administration has expanded an existing travel ban and initiated a new one related to the Coronavirus; similarly other countries have added entry restrictions to try to...more
2/6/2020
/ China ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Failure to Comply ,
Foreign Nationals ,
Immigrants ,
Immigration Procedures ,
Infectious Diseases ,
Information Sharing ,
International Travel ,
Iran ,
Myanmar ,
Nigeria ,
Non-Immigrant Visas ,
North Korea ,
Public Health ,
Public Safety ,
Regulatory Requirements ,
Risk Management ,
Somalia ,
Sudan ,
Syria ,
Tanzania ,
Travel Ban ,
Trump Administration ,
Venezuela ,
Verification Requirements ,
Visas ,
Yemen
Seyfarth Synopsis: On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS), the immigration-benefits component of the Department of Homeland Security (DHS), published a final regulation on “EB-5 Immigrant...more
7/31/2019
/ EB-5 ,
Economic Development ,
Foreign Investment ,
Hiring & Firing ,
Immigrant Investment Visas ,
Immigrant Investor Program ,
Immigration Procedures ,
Immigration Reform ,
Job Creation ,
Targeted Employment Area ,
USCIS
Immigration and Customs Enforcement (ICE) increases worksite enforcement by more than 50%. What should employers understand to prevent fines and minimize reputational risk?...more
7/20/2018
/ Buy American Act ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Required Forms ,
USCIS
Seyfarth Synopsis: “ICE will enforce the law, and if you are found to be breaking the law, you will be held accountable.” Referring to Immigration and Customs Enforcement’s (ICE) early morning raids at nearly a hundred...more
1/15/2018
/ Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Retail Market ,
Risk Management ,
Trump Administration ,
Undocumented Immigrants
Seyfarth Synopsis: The Department of Homeland Security ends Temporary Protected Status for El Salvador, Nicaragua, and Haiti, affecting close to 300,000 individuals. Employers should be prepared to handle the influx of work...more
1/10/2018
/ DACA ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Haiti ,
Immigration Procedures ,
Nicaragua ,
Temporary Protected Status ,
USCIS
Seyfarth Synopsis: The Department of Homeland Security (DHS) to terminate the Deferred Action for Childhood Arrivals (DACA) program.
"Congress, get ready to do your job - DACA," tweets President Trump on Tuesday morning. ...more
9/6/2017
/ DACA ,
Department of Homeland Security (DHS) ,
Deportation ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Obama Administration ,
Path To Citizenship ,
Proposed Legislation ,
Trump Administration ,
USCIS