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‘Catch and Revoke’ Program Takes Off: State Department AI-Driven Visa Crackdown

The U.S. State Department’s “Catch and Revoke” program uses artificial intelligence (AI) to monitor foreign nationals, particularly student visa holders. The program aims to identify individuals who express support for Hamas,...more

USCIS: Only ‘01/20/2025’ Edition of Updated Forms Acceptable After Grace Period

USCIS issued a grace period on March 8, 2025, for the dozen updated immigration forms it released in February and March 2025 and made effective immediately. These forms include the N-400 for naturalization, I-485 for...more

Venezuelan TPS Update: What Employers Should Know About Expiration of EADs for 2023 Designation

Announced in a Federal Register notice published Feb. 5, 2025, DHS Secretary Kristi Noem decided not to extend the 2023 Venezuela Temporary Protected Status (TPS) designation. That designation will expire April 7, 2025....more

Venezuelan TPS Update: What Employers Should Know About 2023 Designation Not Extended

Announced in a Federal Register notice published Feb. 5, 2025, Secretary Kristi Noem decided not to extend the 2023 Venezuela TPS designation. That designation will expire April 7, 2025. DHS Secretary Noem announced on Jan....more

Rescinded Biden Immigration Executive Orders: What Employers Need to Know

As many expected, President Donald Trump has not only issued Executive Orders (EOs), but he has also rescinded many EOs issued by the Biden Administration concerning immigration, including the following: “The Restoring Faith...more

Hong Kong Residents Protected By New Deferred Enforced Departure Directive

President Joe Biden is extending Deferred Enforced Departure (DED) for 24 months through Feb. 5, 2027, for any Hong Kong resident (regardless of country of birth) currently living in the United States....more

Travel Ban Fears? Why Foreign National Students Urged to Return to U.S. Before Jan. 20

Some colleges and universities, out of an abundance of caution, are advising their foreign national students and staff who are traveling abroad for winter break to consider returning before President Donald Trump’s...more

Nearly 65,000 H-2B Visas Released: What Employers Need to Know

The Department of Homeland Security has released an additional 64,716 H-2B temporary visas for non-agricultural workers. The additional visas will help employers in hospitality, tourism, landscaping, construction, seafood...more

Qatar to Join Visa Waiver Program

Qatar will join the Visa Waiver Program (VWP). It will be the 42nd member of the VWP and the first Gulf country to qualify. The VWP allows citizens or nationals of participating countries to travel to the United States for...more

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District...more

New Protections for Foreign National Spouses of U.S. Citizens Announced

President Joe Biden announced protections for undocumented foreign national spouses of U.S. citizens who have lived in the United States for 10 years without a legal immigration status. This will protect approximately 500,000...more

New, Higher USCIS Filing Fees Take Effect April 1, 2024

Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed. The H-1B filing fee, for example, will rise...more

What Executive Order on AI Means for Immigration

On October 30, 2023, President Joe Biden issued an Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The Executive Order (EO) directs departments and agencies...more

Proposed Rule to Reform, Modernize H-1B Program

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements...more

Israeli Citizens, Nationals Can Apply for Visa Waiver Program Beginning Oct. 19

Beginning on October 19, 2023, eligible Israeli citizens and nationals can apply for visa-free travel to the United States under the Visa Waiver Program (VWP) through the Electronic System for Travel Authorization (ESTA)....more

Israel Added to Visa Waiver Program

On September 27, 2023, Secretary of State, Antony Blinken and Secretary of Homeland Security, Alejandro Mayorkas announced that Israel will join the Visa Waiver Program (VWP). Pursuant to the designation, beginning on...more

USCIS Extends Comment Period for Proposed Fee Increases

USCIS has proposed raising its filing fees – and the burden of those increased fees will fall primarily on employers large and small. For example, the filing fee for an H-1B visa would be raised by 70% from $460 to $780....more

H-1B Cap Season for Fiscal Year 2024 Is Fast Approaching

The H-1B cap season for Fiscal Year 2024 is fast approaching. USCIS announced on January 27th that cap registration begins on March 1st. Employers should assess their hiring needs and determine if they will sponsor foreign...more

USCIS Extends Validity of Green Cards for 24 Months for Certain Permanent Residents

Due to long processing delays, USCIS is extending the validity of green cards for 24 months for legal permanent residents who have filed a Form I-90, Application to Replace Permanent Residence Card. USCIS is doing this in...more

FY 2023 H-1B Update: USCIS Sending Not-Selected Notices

For H-1B visas, employers have been hoping there will be another round of selections for FY 2023, but that is not on the horizon. USCIS has been sending non-selection notices to registrants’ online accounts. USCIS can...more

DHS Takes Step Toward Allowing Virtual, Alternative Options for Examination of I-9 Documents

For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security (DHS) has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually...more

DHS Increases Automatic Extension of Work Authorizations for Certain Individuals

As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals. ...more

USCIS Measures to Ease Processing Times

Just as the Biden Administration is proposing increased funding for USCIS to help reduce the agency’s backlog, USCIS is announcing future new actions to improve processing times....more

Time to Get Ready for FY 2023 H-1B Cap Season

USCIS has announced that H-1B Cap registration will start on March 1, 2022, at noon (Eastern) and will continue through noon (Eastern) on March 18, 2022. If enough registrations to fill the cap are received by March 18...more

H-1B, L-1 Update: USCIS Adopts Policy Changes

Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas, USCIS is making major policy changes. Going forward,...more

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