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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

New Form I-9 Is in the Works

A new Form I-9, Employment Eligibility Verification is in the works. The Department of Homeland Security (DHS) is seeking comments on its proposed changes to the form. ...more

DHS on New Premium Processing

The Department of Homeland Security set out the specifics about the upcoming new premium processing benefits in the Federal Register on March 30, 2022. The details, however, did not include any specific implementation dates,...more

Temporary Policy for Expired List B Identity Documents to End

As of May 1, 2022, employers can no longer accept expired List B documents for Form I-9 Employment Eligibility Verification purposes, and any expired List B documents that were previously accepted must be updated by July 31,...more

Will Reopening of Social Security Administration Offices Ease E-Verify No-Match Backlogs?

The Social Security Administration (SSA) has reached an agreement with three of its unions on its COVID-19 re-entry plan. SSA offices have been essentially closed to the public since March 2022. That affected SSA’s...more

ICE: I-9 Flexibility to Continue Through April 2022

ICE has announced it will extend I-9 flexibility until April 30, 2022, due to continuing precautions related to COVID-19. The guidance remains the same: •Employees who work exclusively in a remote setting due to...more

DHS Seeks Comments on I-9 Process

The decades-old I-9 Employment Eligibility Verification process may be in for some changes. The Department of Homeland Security is requesting “public input” regarding the document examination process...more

DHS Secretary Orders Discontinuation of Mass Worksite Enforcement Operations

Secretary of the Department of Homeland Security (DHS) Alejandro N. Mayorkas has issued a policy directive to immediately discontinue mass worksite enforcement operations. These involve large-scale law enforcement...more

Judge Again Finds DACA Program Illegal, Blocks New Applications, Allows Renewals

The Deferred Action for Childhood Arrival program (DACA) is not legal, U.S. District Court Judge Andrew Hanen has ruled in State of Texas et al. v. U.S. et al. Judge Hanen issued an injunction preventing the Department...more

ICE Announces I-9 Flexibility Will Continue Through The Summer

ICE announced that I-9 flexibility will be extended again – this time through the whole summer until August 31, 2021. Since March 2020, companies that have been operating remotely have been able to inspect Section 2 Form...more

DHS Announces 18-Month Extension For Haiti TPS, Application Procedures For Burma TPS

The Department of Homeland Security has announced that it will be extending Haitian Temporary Protected Status (TPS) for 18 months, until November 2022. It also has officially set out the application procedures for Burmese...more

Immigration Reform Bill

The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration...more

Biden Directs Review Of Immigration Policies, Seeks To Reduce Unnecessary Barriers

On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs...more

Proposed H-4 EAD Rule Withdrawn For Review

On January 25, 2021, the Biden administration withdrew from review the Trump administration’s proposed rule that would have rescinded the H-4 EAD program. For close to five years, spouses of H-1B workers holding H-4 EADs...more

DHS Announces New Procedure For DACA Recipients

On January 4, 2021, DHS announced that for I-9 purposes, Deferred Action for Childhood Arrivals (DACA) recipients may present an unexpired Employment Authorization Document (EAD) with Code C33 issued on or after July 28,...more

Six Changes In DHS, ICE Created By COVID-19 Pandemic

The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have allowed some flexibility due to the COVID-19 pandemic. Here are some of the changes in effect:.....more

DHS Announces Extension Of TPS For El Salvador, Haiti, Honduras, Nepal, Nicaragua, Sudan

The Department of Homeland Security (DHS) announced a further extension of status and work authorization until October 4, 2021, for Temporary Protected Status (TPS) beneficiaries from El Salvador, Haiti, Honduras, Nepal,...more

Judge Strikes Down Administration Rules Restricting Employers’ Use Of Visas

On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B...more

Improper Appointment Of Acting DHS Head Invalidates Rollback Of DACA Program, Court Rules

Federal District Judge Nicolas G. Garaufis struck down the Administration’s most recent attempt to limit the Deferred Action of Childhood Arrivals (DACA) program. He held that the Acting Secretary of Homeland Security, Chad...more

Temporary Flexibility For Employer I-9 Compliance To End November 19, ICE Announces

U.S. Immigration and Customs Enforcement (ICE) has been flexible about how to complete Form I-9 employment verification due to the COVID-19 pandemic, allowing companies working remotely to inspect documents virtually (e.g.,...more

Suits Challenge New Rules On H-1B And PERM Labor Certification Programs

Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the...more

New H-1B Rule Will Increase Denial Of Petitions, DHS Says

The Department of Homeland Security (DHS) has released yet another rule that will make it harder and more costly for U.S. companies to employ highly skilled workers. As a companion regulation to the “Strengthening Wage...more

DHS May Resume Public Charge Rule, Federal Appeals Court Rules

The Department of Homeland Security (DHS) may resume implementation of the new Public Charge Rule, the U.S. Court of Appeals for the Second Circuit has ruled. The factors that are considered under the new Public Charge...more

I-9 Flexibility Continued For Another 60 Days, Until November 19, 2020

Days before the upcoming deadline, ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 60 days (instead of just 30 days), until November 19,...more

Federal Appellate Court Upholds End Of Temporary Protected Status For El Salvador, Nicaragua, Sudan

The Trump Administration’s effort to end Temporary Protected Status (TPS) for approximately 250,000 people from El Salvador, Nicaragua, and Sudan has been upheld in a split ruling from U.S. Court of Appeals for the Ninth...more

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