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: 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: 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
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: 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: 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: 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
On April 5, 2019, United States Citizenship & Immigration Services (USCIS) announced that it received sufficient H-1B petitions to meet the regular H-1B quota (or "cap") for Fiscal Year 2020, which begins on October 1, 2019....more
Seyfarth Synopsis: On February 11, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it revised Form I-539 and that the new version will be released on March 11, 2019. ...more
2/15/2019
/ Corporate Counsel ,
E-3 ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Reform ,
L-1 Visas ,
Non-Immigrant Visas ,
Required Forms ,
TN-Visas ,
USCIS ,
Visas
Nonimmigrants in F, J, and M visa status should ensure that they take no actions to violate their status, as they could inadvertently trigger unlawful presence and jeopardize future status in the United States....more
Seyfarth Synopsis: If Congress cannot resolve FY2018 funding issues by December 8, 2017, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact on several...more
Seyfarth Synopsis: On October 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for all H-1B petitions....more
Seyfarth Synopsis: On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for H-1B petitions filed subject to the Fiscal Year (FY) 2018...more
9/19/2017
/ F-1 Visa ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
OPT ,
USCIS ,
Visa Caps ,
Visas
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
Seyfarth Synopsis: The United States Citizenship & Immigration Services (USCIS) has reversed its longstanding practice and will begin to deny Advance Parole (AP) applications if a green card applicant travels internationally...more
Seyfarth Synopsis: On July 24, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would resume premium processing for H-1B petitions for certain cap-exempt employers effective immediately....more
Seyfarth Synopsis: USCIS released a revised version of Form I-9 that employers must use to verify identity and employment authorization of new hires effective September 18, 2017. There are no substantive changes from the...more
7/19/2017
/ E-Verify ,
Electronic Filing ,
Eligibility ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Required Forms ,
USCIS ,
Verification Requirements ,
Visas
Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more
4/25/2017
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
E-Verify ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Government Shutdown ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Labor Condition Applications ,
Popular ,
USCIS ,
Visas
Seyfarth Synopsis: USCIS completes the lottery process and receives 199,000 H-1B cap petitions.
On April 17, 2017, United States Citizenship and Immigration Services (USCIS) announced that it received 199,000 H-1B...more