Melissa Azallion Kenny and Jon Eggert explore the latest updates and trends in immigration law and policy. They discuss best practices for ensuring compliance and strategies for managing immigration challenges in the current...more
USCIS recently implemented a new temporary rule that reinstates the opportunity for a 540-day Automatic Employment Authorization Document (EAD) extension for certain foreign nationals seeking to renew their EAD. USCIS had...more
Cost increases due to inflation have become a norm over the last two years, and immigration fees are no exception. USCIS announced that effective April 1, 2024, fees for certain immigration benefits will be adjusted for the...more
Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year (FY) 2025 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) recently announced the H-1B cap lottery...more
2/8/2024
/ Corporate Counsel ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Job Applicants ,
Lottery ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
United States Citizenship and Immigration Services (USCIS) recently announced all available visas in the Fiscal Year 2024 H-1B lottery program have been utilized. Each year, 65,000 H-1B visas are available for positions...more
The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...more
11/9/2023
/ Federal Pilot Programs ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Regulatory Agenda ,
Regulatory Requirements ,
Renewal Options ,
US Department of State ,
USCIS ,
Visas
United States Citizenship and Immigration Services (USCIS) has instituted a revised Form I-9 that is mandatory for all employers, starting November 1, 2023.
USCIS announced the new version in August, in part to aid with...more
In an effort to address the ongoing Employment Authorization Document (more commonly known as an “EAD”) processing backlog, USCIS recently announced it would lengthen the maximum validity period for certain EAD categories to...more
10/11/2023
/ Adjustment of Status ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
USCIS ,
Validity ,
Visas
Last month, DHS announced E-Verify employers would be eligible to utilize an alternative remote document verification procedure when completing Section 2 of Form I-9, starting August 1, 2023. Only a few days later, DHS...more
8/22/2023
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Required Forms ,
USCIS
DHS Announces Remote I-9 Document Procedure for E-Verify Employers -
Beginning August 1, 2023, E-Verify employers will be eligible to utilize an alternative remote document verification procedure when completing Section 2...more
7/28/2023
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Required Forms ,
USCIS
On February 14, 2023, U.S. Citizenship and Immigration Services (USCIS) made a small change in the Child Status Protection Act (CSPA) that will have a significant impact on the lives of many immigrant families....more
2/17/2023
/ CSPA ,
Family Members ,
Foreign Nationals ,
Foreign Workers ,
I-485 Applications ,
Immigrants ,
Immigration Reform ,
Minors ,
Residency Status ,
USCIS ,
Visas
USCIS recently announced the annual registration period for the FY2024 H-1B cap will open at noon (ET) on March 1, 2023, and remain open until noon (ET) on March 17, 2023. Registration is an annual electronic process through...more
It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more
1/17/2023
/ Adjustment of Status ,
E-3 ,
Employer Liability Issues ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
H-1B ,
H-1B1 ,
Hiring & Firing ,
Immigration Procedures ,
Layoffs ,
Visas
Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year 2024 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) is expected to announce the H-1B cap...more
The Department of Homeland Security (DHS) recently issued a new “public charge” final rule that will go into effect December 23, 2022. The new rule will apply to all permanent residency (Green Card) applications filed on or...more
Since its introduction in 2001, the Premium Processing service offered by the U.S. Citizenship and Immigration Services (“USCIS”) has seen notable changes. Premium Processing was originally introduced as an option for certain...more
U.S. Citizenship and Immigration Services (“USCIS”) announced a Temporary Final Rule that will increase the 180-day automatic extension period for some Employment Authorization Documents (“EADs”) to 540 days beyond the EAD’s...more
5/11/2022
/ Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Final Rules ,
Foreign Workers ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Temporary Regulations ,
Time Extensions ,
USCIS
Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an annual...more
Employment Authorization Document (EAD) processing times have been severely delayed in recent years, rendering certain dependent nonimmigrants temporarily ineligible to work and causing gaps in some U.S. employers’...more
1/5/2022
/ E-2 ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Foreign Workers ,
H-4 Spouses ,
Immigration Procedures ,
L-2 Visas ,
Non-Immigrant Visas ,
Popular ,
USCIS ,
Visas
Resources -
COVID-19 Vaccine Guidance for Federal Contractors -
On September 24, 2021, the Safer Federal Workforce Task Force released guidance detailing COVID-19 vaccination and other pandemic-related workplace...more
10/8/2021
/ Biden Administration ,
Construction Project ,
Construction Workers ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Foreign Workers ,
I-94 Cards ,
Infectious Diseases ,
Real Estate Development ,
Safety Programs ,
Vaccinations ,
Workplace Safety
On October 7, 2020, the Department of Labor (“DOL”) announced an Interim Final Rule titled, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” would go into...more
9/14/2021
/ Department of Labor (DOL) ,
E-3 ,
Foreign Workers ,
H-1B ,
H-1B1 ,
Immigration Procedures ,
Interim Final Rules (IFR) ,
Non-Immigrant Visas ,
PERM ,
Prevailing Wages ,
Remand ,
Vacated
The Form I-94, Arrival/Departure Record is a document U.S. Customs and Border Protection (CBP) issues to all persons entering the United States except U.S. citizens, returning Legal Permanent Residents, and immigrant visa...more
Resources -
Federal Regulators Taking Aim at Anti-Competitive Employment Practices -
Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training. ...more
9/1/2021
/ Construction Project ,
Construction Workers ,
Employment Contract ,
Employment Policies ,
Foreign Nationals ,
Foreign Workers ,
Immigration Procedures ,
National Interest Waiver ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Vaccinations
Department of State Extends Validity of National Interest Exceptions to Regional COVID-19 Travel Restrictions -
On July 6, 2021, the Department of State updated its National Interest Exception (NIE) guidelines. Going...more
8/31/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employment Policies ,
Food Service Workers ,
Foreign Workers ,
Franchises ,
Immigration Procedures ,
Infectious Diseases ,
National Interest Waiver ,
Restaurant Industry ,
Tax Reform ,
Travel Restrictions ,
Vaccinations ,
Workplace Safety
Focus -
America's Immigration System: President Biden's First 100 Days -
Last month, President Joe Biden ("President Biden") wrapped up his first 100 days as President of the United States – focusing on a myriad of...more