U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from up to 180 days...more
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
2/5/2024
/ Department of Homeland Security (DHS) ,
Employees ,
Final Rules ,
Foreign Workers ,
H-1B ,
Hiring & Firing ,
Immigration Procedures ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
Seyfarth Synopsis: Effective April 1, USCIS will implement significant filing fee increases, in particular for petition and applications related to employment-based benefits....more
2/2/2024
/ Filing Fees ,
Foreign Workers ,
Form I-129 ,
Form I-140 Petitions ,
H-1B ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Registration Requirement ,
USCIS ,
Visas
Seyfarth Synopsis: Department of State expects to start the stateside visa renewal pilot in early 2024....more
Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration...
1. Government Shutdown Avoided – For Now -
On September 30, 2023, Congress passed a stopgap bill to keep the government...more
10/4/2023
/ DACA ,
E-Verify ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Foreign Workers ,
Government Shutdown ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
SEVP ,
Temporary Protected Status ,
USCIS ,
Visa Waiver Program ,
Visas
Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more
9/27/2023
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Eligibility Verification ,
Federal Funding ,
Foreign Workers ,
Government Shutdown ,
H-1B ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Labor Condition Applications ,
OFLC ,
PERM ,
Popular ,
US Department of State ,
USCIS ,
Visas
Seyfarth Synopsis: As a result of the Omicron variant, the Biden Administration issued travel bans impacting non-citizens who have stayed in 8 African countries within 14 days of entering the U.S. These countries include the...more
Seyfarth Synopsis: The CDC issued new guidance clarifying President Biden’s October 25, 2021 Executive Order that impacts nonimmigrants’ international air travel to the U.S. Fully vaccinated nonimmigrants can enter the U.S....more
Seyfarth Synopsis: USCIS officially announced that the number of electronic cap registrations exceeded the regular bachelor’s cap and advanced degree cap (“master’s cap”) for FY 2022. USCIS has also completed its initial...more
Seyfarth Synopsis: The Office of Information and Regulatory Affairs within the Office of Management and Budget announced that the long-pending rule to rescind work authorization for certain H-4 holders has been withdrawn. The...more
Seyfarth Synopsis: The President’s order, which reinstates and expands travel restrictions imposed by the prior administration, will continue to have a significant impact on international travel for foreign nationals, as...more
Seyfarth Synopsis: Previously scheduled to expire on December 31, 2020, Proclamations 10052 and 10014 have been extended by President Trump until March 31, 2021. These visa bans will continue to restrict the issuance of...more
1/5/2021
/ Corporate Counsel ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
Visas
On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more
12/3/2020
/ Chamber of Commerce ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Domestic Hiring Policy ,
E-3 ,
Foreign Workers ,
Good Cause ,
H-1B ,
H-1B1 ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration and Nationality Act ,
Immigration Procedures ,
Immigration Reform ,
Motion to Set Aside the Verdict ,
PERM ,
Trump Administration ,
USCIS ,
Visas
Seyfarth Synopsis: U.S. employers, applicants for immigration benefits, and other stakeholders should be aware of United States Citizenship and Immigration Services (USCIS) application fee increases and form changes...more
8/7/2020
/ Application Fees ,
E-1 ,
E-2 ,
H-1B ,
H-2A ,
H-2B ,
Immigration Procedures ,
L-1 Visas ,
O-1 Aliens of Extraordinary Ability ,
TN-Visas ,
USCIS ,
Visa Applications ,
Visas
Seyfarth Synopsis: President Trump issued a new order restricting travel to the United States by certain nonimmigrants, including those in H-1B, H-2B, J-1 and L-1 status. ...more
Seyfarth Synopsis: On March 20, 2020, the U.S. Department of Labor’s (“DOL”) Office of Foreign Labor Certification (“OFLC”) issued Frequently Asked Questions in response to the COVID-19 global pandemic, providing guidance and...more
Seyfarth Synopsis: The U.S. Department of State has suspended routine visa services in most countries worldwide. Embassies and consulates in these countries will cancel all routine immigrant and nonimmigrant visa appointments...more
Seyfarth Synopsis: On March 20, 2020 USCIS announced that the agency will temporarily suspend premium processing for all Form I-129 and I-140 petitions beginning on March 20, 2020 and until further notice due to the...more
3/23/2020
Seyfarth Synopsis: President Trump expanded the order restricting travel to the United States from most European countries — the Schengen Area, specifically — to now include the UK and Ireland....more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
EU ,
Health and Safety ,
Infectious Diseases ,
International Travel ,
Ireland ,
Public Health ,
Travel Ban ,
Travel Restrictions ,
Trump Administration ,
UK
Seyfarth Synopsis: COVID-19 has upended the world. Governments and businesses are racing to respond. The US legal immigration system for sponsoring and employing noncitizens is no exception. American employers must plan...more
3/16/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Foreign Nationals ,
Health and Safety ,
Immigrants ,
Immigration Procedures ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Workplace Safety
Seyfarth Synopsis: President Trump’s order restricting travel to the United States from most European countries -- the Schengen Area, specifically -- will have a significant impact on nonimmigrant visa holders and certain...more
3/16/2020
/ Business Travel ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Foreign Nationals ,
Health and Safety ,
Immigrants ,
Immigration Procedures ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration ,
USCIS
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: The Supreme Court’s decision clears the path for DHS/USCIS to implement its Public Charge final rule, which requires employers and employees to disclose receipt of certain public benefits in...more
2/3/2020
/ Appeals ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v New York ,
Foreign Nationals ,
Green Cards ,
Immigration Procedures ,
Immigration Reform ,
Pending Litigation ,
Preliminary Injunctions ,
Proposed Rules ,
Public Charge ,
Residency Status ,
SCOTUS ,
Trump Administration ,
Updated Forms
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
10/14/2019
/ Adjustment of Status ,
Affidavits ,
Disclosure Requirements ,
Employees ,
Final Rules ,
Form I-129 ,
Green Cards ,
Hiring & Firing ,
I-485 Applications ,
Immigration Procedures ,
Immigration Reform ,
Injunctions ,
Job Applicants ,
Lawful Permanent Residents ,
Non-Immigrant Visas ,
Public Benefits ,
Required Forms ,
Time Extensions ,
Trump Administration ,
Updated Forms ,
USCIS
Seyfarth Synopsis: USCIS confirms FY 2020 H-1B petition selection is complete.
On April 10, 2019, United States Citizenship & Immigration Services (USCIS) received sufficient H-1B petitions to meet the 20,000 H-1B visa...more