USCIS has issued updated guidance following the U.S. Supreme Court’s May 19, 2025, decision to grant the Justice Department’s emergency request to lift a March 31 California district court order halting DHS’s termination of...more
6/12/2025
/ Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Form I-9 ,
Government Agencies ,
Immigrants ,
Immigration Procedures ,
New Guidance ,
Popular ,
SCOTUS ,
USCIS ,
Venezuela ,
Work Permits
President Donald Trump signed a proclamation suspending entry to the U.S. for nationals of 19 countries on June 4, 2025. The proclamation stated that the designated countries are so deficient in their information screening...more
6/10/2025
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Government Agencies ,
Immigration Procedures ,
National Security ,
NATO ,
Presidential Proclamations ,
Travel Ban ,
Trump Administration ,
U.S. Customs ,
US State Departments ,
Visas
On May 22, 2025, Secretary of Homeland Security Kristi Noem ordered the Department of Homeland Security (“DHS”) to terminate Harvard University’s Student and Exchange Visitor Program (“SEVP”) certification for alleged...more
5/27/2025
/ Administrative Procedure Act ,
Constitutional Challenges ,
Department of Homeland Security (DHS) ,
Educational Institutions ,
Foreign Nationals ,
Foreign Students ,
Immigration Procedures ,
Injunctions ,
Preliminary Injunctions ,
Students ,
Terrorist Organizations ,
Universities ,
Visas
On May 19, 2025, the U.S. Supreme Court granted the Justice Department’s request to lift U.S. District Court Judge Edward Chen’s March 31 order halting the Department of Homeland Security’s (DHS) rescission of Temporary...more
The Department of Homeland Security (DHS) has published a final rule (89 FR 10354) that significantly changes the H-1B Cap Gap period. This rule automatically extends the duration of status and any employment authorization...more
On Jan. 23, 2025, in a suit filed in the U.S. District Court in Seattle by the attorneys-general of Washington State, Arizona, Illinois, and Oregon to overturn President Donald Trump’s executive order (EO) banning birthright...more
1/24/2025
/ Citizenship ,
Constitutional Challenges ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Fourteenth Amendment ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Injunctions ,
Preliminary Injunctions ,
State and Local Government ,
Trump Administration ,
Undocumented Immigrants
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
1/24/2025
/ Biden Administration ,
Compliance ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Donald Trump ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Enforcement ,
Executive Orders ,
Foreign Workers ,
Immigration Procedures ,
Immigration Reform ,
Regulatory Requirements ,
Rescission ,
Trump Administration ,
USCIS ,
Visas
This order directs federal agencies to refuse to recognize U.S. citizenship for children born in the United States to mothers in the country illegally, or who are present in the United States on non-immigrant visas, if the...more
1/21/2025
/ Cartels ,
Catch and Release ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Workers ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Ports of Entry ,
Refugees ,
Terrorist Organizations ,
Trump Administration ,
USCIS ,
Vetting ,
Visas
The 540-day automatic extensions of expiring employment authorization documents (EADs) will be permanent policy, according to a DHS final rule scheduled to be published on Dec. 13, 2024. The new rule will become effective on...more
12/12/2024
/ Asylum ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Extensions ,
Form I-9 ,
H-1B ,
Immigration ,
Immigration Procedures ,
Refugees ,
Spouses ,
STEM ,
Temporary Protected Status ,
USCIS
On June 20, 2024, USCIS announced the automatic extension until March 9, 2025, of Employment Authorization Documents (EADs) issued to certain Temporary Protected Status (TPS) beneficiaries from El Salvador, Honduras, Nepal,...more
7/22/2024
/ Department of Homeland Security (DHS) ,
El Salvador ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Honduras ,
Immigration Procedures ,
Nepal ,
Nicaragua ,
Sudan ,
Temporary Protected Status ,
USCIS
USCIS announced that it is extending the validity of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (TPS) beneficiaries from El Salvador, Honduras, Nepal, Nicaragua, and Sudan until...more
7/1/2024
/ Department of Homeland Security (DHS) ,
El Salvador ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Form I-9 ,
Honduras ,
Immigration Procedures ,
Nepal ,
Nicaragua ,
Sudan ,
Temporary Protected Status
President Joe Biden has ordered a temporary suspension of asylum applications for migrants who cross the southern border illegally between ports of entry. This suspension went into effect at midnight on June 5 because the...more
As restrictions lessen on collegiate athletes’ ability to be compensated for their name, image, and likeness (NIL), international student-athletes in F-1 status continue to be at risk if they pursue these economic...more
Good news for those applying for or with pending Employment Authorization Document (EAD) renewals. DHS is temporarily reinstituting its 540-day automatic extension of work authorization for eligible individuals....more
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
The Department of Homeland Security (DHS) will soon be issuing a new proposed rule: Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program....more
USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted...more
DHS has today, July 25, 2023, published a new Form I-9, Employment Eligibility Form. USCIS has made significant changes to the form and its instructions, including a checkbox to indicate that an employee’s Form I-9...more
On July 21, 2023, the Department of Homeland Security (DHS) announced a final rule, which will be officially published on July 25, 2023, that will provide eligible employers filling out the Employment Eligibility Verification...more
7/24/2023
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Required Forms ,
USCIS
U.S. Immigration and Customs Enforcement (ICE) has announced that employers will have 30 days to comply with Form I-9 employment eligibility verification physical document examination requirements when COVID-19 flexibility...more
The Department of Homeland Security announced the redesignation of Yemen for Temporary Protected Status (TPS) and its extension from March 4, 2023, through Sept. 3, 2024.
Individuals who have not previously held Yemeni TPS...more
In Washington Alliance of Technical Workers v. DHS (WashTech), the D.C. Circuit held that optional practical training programs (OPT) that allow students on the nonimmigrant F-1 visa to work in the United States for up to...more
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
Employers whose employees presented expired List B documents for Form I-9 Employment Eligibility Verification purposes between May 1, 2020, and April 30, 2022, must update Form I-9 with unexpired documents by July 31, 2022....more
The Department of Homeland Security (DHS) is considering making a change which would permanently allow the flexibility it has extended over employers’ verification of employees’ identity and employment eligibility since March...more