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Last Call for E-Verify Records: Compliance Steps Before the January 5, 2025 Disposal

USCIS’s E-Verify Disposal Announcement - The U.S. Citizenship and Immigration Services (USCIS) recently announced that employers using E-Verify have until January 5, 2025, to download and retain records for cases last...more

The Child Status Protection Act & USCIS Extraordinary Circumstances Policy Updates

The Child Status Protection Act (CSPA) is a law designed to help certain young people (children of immigrants) keep their eligibility for U.S. immigration benefits, even if they turn 21 years old during the application...more

Stay Compliant: Key Deadlines and Updates for EB-5 Integrity Fund Payments: What You Need to Know for FY 2023, 2024, and 2025

The EB-5 Reform and Integrity Act of 2022 (RIA) introduced significant requirements for designated EB-5 regional centers, one of the most notable being the annual payment into the EB-5 Integrity Fund. Beginning on October 1,...more

Minor Missteps, Major Consequences: Avoiding Big Trouble from Seemingly Small I-9 Errors

The recent settlement agreement between the Department of Justice and SP Plus Corporation, a Chicago based transportation and parking management company, serves as a critical reminder for employers of their responsibilities...more

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

New DHS Parole Policy for Long-Term Undocumented Spouses, Stepchildren

Seyfarth Synopsis: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the “Keeping Families Together” process for certain noncitizen spouses and stepchildren of U.S. citizens. “Keeping...more

Valentines Day Glitch: E-Verify Photo-Match Mayem

On the morning of February 14, 2024, several clients reached out after encountering issues with the photo matching tool in E-Verify. They reported discrepancies where the photos transmitted by E-Verify did not align with the...more

Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is...more

Ready or Not: Form I-9 Flexibilities are Winding Down

On May 4, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced the official sunset date for COVID-19 related Form I-9 physical inspection flexibilities: July 31,...more

New Year, New Fees: Proposed USCIS Fee Increases

On January 4, 2023, the United States Citizenship and Immigration Services (USCIS) published a proposed rule to increase fees for most immigration benefit requests. If implemented, employers will pay significantly more for...more

The End is Near: COVID-19 List B Document Temporary Policy Ends

On July 22, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a reminder regarding the Department of Homeland Security’s (DHS) termination of the COVID-19 temporary policy allowing employers to accept expired...more

Opening the Door to Adjustment of Status with New TPS Travel Authorization Policy

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) has announced an important policy change that will benefit noncitizens holding Temporary Protected Status (TPS). The new policy permits USCIS to issue a new...more

540 Is The New 180: USCIS Increases Auto Extended Work Permit For Certain Applicants

Seyfarth Synopsis: On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an increase to the automatic extension period for certain Employment Authorization Documents (EADs) from 180 days to 540 days....more

540 is the new 180: Employment Authorization Document Extensions

Seyfarth Synopsis: On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an increase to the automatic extension period for certain Employment Authorization Documents (EADs) from 180 days to 540 days....more

Trick or Treat: I-9 Flexibilities Extended until October 31, 2022

Seyfarth Synopsis: On April 25, ICE announced its 13th extension, this time for a six-month period (until October 31, 2022), of the I-9 compliance flexibility rules relating to Form I-9. There is no substantive change in this...more

Trio of Initiatives Moves USCIS in the Right Direction

Seyfarth Synopsis: On March 29, 2022, USCIS announced three new initiatives to reduce processing delays and backlogs: (1) establishing processing time goals for petitions and applications; (2) expanding premium processing...more

New Guidance on E and L Spouse Work Authorization as List C Document

Seyfarth Synopsis: USCIS issued long-awaited guidance on how employers should treat certain E and L spouses’ work authorization based on their status when completing the Form I-9. USCIS also confirmed that it will mail...more

The Beginning of the End: Form I-9 List B COVID-19 Temporary Policy End Announced

The Department of Homeland Security (DHS) has announced that they will soon be ending their COVID-19 related temporary policy allowing employers to accept expired List B documents when verifying an employee’s work eligibility...more

USCIS to Drastically Change Processing of Employment Applications for L-2, E, and H-4 Nonimmigrant Spouses

Seyfarth Synopsis: USCIS issued a Policy Memorandum following the settlement of a lawsuit that significantly changes work authorization rules for H-4, E, and L-2 spouses. Specifically, certain H-4, E, and L-2 Employment...more

Processing Delays Create Need to Extend Validity of Certain Expired Green Cards

In response to continued lengthy processing delays, the United States Citizenship and Immigration Services (USCIS) posted guidance in early September offering an extension to the time certain processing receipts (Form I-797)...more

ICE Warms to the Cold Realities of COVID-19: Latest I-9 Virtual Flexibility Guidance Extended to May 31, 2021

Seyfarth Synopsis: This announcement extends the flexibilities in rules relating to Form I-9 compliance that was initially granted last year. It also expands the scope of the “in-person” exemption benefit to certain...more

Another Day, Another Rule to Remember: USCIS Adds New I-9 List A Document Combo

Likely triggered by complications resulting from the COVID-19 pandemic[1] and increases in processing times to replace permanent resident cards, United States Citizenship and Immigration Services (USCIS) announced on January...more

What’s New in the New Year? Initial I-9 Musings & Treasures from 2020

With a new Administration moving into Washington D.C. amidst tension and confusion, immigration compliance remains top of mind for employers. I know that because I hear from H.R. leadership, General Counsel’s offices,...more

ICE Extends COVID I-9 Rules to December 31

Seyfarth Synopsis: Yesterday, 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...more

Last Minute TPS Extension for South Sudan

Acting Secretary of Homeland Security Chad F. Wolf extended the Temporary Protected Status (TPS) designation for South Sudan for 18 months, from November 3, 2020 through May 2, 2022. Current beneficiaries who want to maintain...more

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