No action is required just yet, but employers and stakeholders should be aware of a significant development in the ongoing litigation surrounding Temporary Protected Status (TPS) for Honduras, Nepal, and Nicaragua. We expect...more
8/25/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Honduras ,
Immigrants ,
Immigration Enforcement ,
Immigration Reform ,
Nepal ,
Nicaragua ,
Popular ,
Temporary Protected Status ,
Trump Administration ,
USCIS
In a summer of sweeping immigration updates, the Big Beautiful Bill appears to now reshape how employers manage Form I-9 compliance for Temporary Protected Status (TPS) beneficiaries. On July 22, 2025, the Federal Register...more
8/15/2025
/ Corporate Counsel ,
Department of Homeland Security (DHS) ,
Employer Responsibilities ,
Employment Authorization Documents (EAD) ,
Filing Fees ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
New Legislation ,
One Big Beautiful Bill Act ,
Regulatory Requirements ,
Temporary Protected Status ,
Trump Administration ,
USCIS
The Trump administration is one step closer to unveiling a major change in how H-1B visas are allocated. On August 8, the White House’s Office of Information and Regulatory Affairs (OIRA) signed off on a proposed rule that...more
8/12/2025
/ Business Immigration ,
Comment Period ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Notice of Proposed Rulemaking (NOPR) ,
OIRA ,
Popular ,
Proposed Rules ,
Regulatory Agenda ,
Trump Administration ,
USCIS ,
Work Visas
In a major legal development, a federal judge in the Northern District of California has postponed the termination of Temporary Protected Status (TPS) for nationals of Honduras, Nepal, and Nicaragua. This decision, issued on...more
8/7/2025
/ Administrative Procedure Act ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Form I-9 ,
Hiring & Firing ,
Honduras ,
Immigration Procedures ,
Immigration Reform ,
Nepal ,
Nicaragua ,
Preliminary Injunctions ,
Temporary Protected Status ,
Trump Administration ,
USCIS
In a significant development for employers and Haitian nationals under Temporary Protected Status (TPS), the U.S. Citizenship and Immigration Services (USCIS) has updated its guidance to reflect a court-ordered automatic...more
7/23/2025
/ Corporate Counsel ,
Department of Homeland Security (DHS) ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Haiti ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Temporary Protected Status ,
Time Extensions ,
USCIS
As we have covered in prior blog posts on Temporary Protected Status (TPS) as it continues to evolve, this week brings significant developments. The Department of Homeland Security (DHS) announced the termination of TPS...more
7/11/2025
/ Corporate Counsel ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Honduras ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Nicaragua ,
Refugees ,
Temporary Protected Status ,
Trump Administration
On June 20, 2025, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to E-Verify employers regarding the revocation of Employment Authorization Documents (EADs) for individuals who entered under the...more
6/24/2025
/ Corporate Counsel ,
Cuba ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Responsibilities ,
Employment Authorization Documents (EAD) ,
Foreign Workers ,
Form I-9 ,
Haiti ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Nicaragua ,
Regulatory Requirements ,
Reporting Requirements ,
USCIS ,
Venezuela
On March 31, 2025, Federal Judge Edward M. Chen of the Northern District of California issued a stay on the Trump administration’s revocation of Temporary Protected Status (TPS) for Venezuelans in the United States....more
4/4/2025
/ Appeals ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Injunctions ,
Stays ,
Temporary Protected Status ,
Trump Administration ,
USCIS ,
Venezuela
On January 10, 2025, the Department of Homeland Security (DHS) announced important changes that will benefit noncitizens who have applied for or currently hold Temporary Protected Status (TPS) with designations for Ukraine,...more
1/17/2025
/ Biden Administration ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Employment Policies ,
Foreign Workers ,
Form I-9 ,
Immigrants ,
Immigration Procedures ,
Temporary Protected Status ,
USCIS ,
Visas
The Department of Justice (DOJ) recently announced a settlement with Brick & Bourbon, a Minnesota-based restaurant group, for violations of federal anti-discrimination laws in its employment eligibility verification...more
1/17/2025
/ Anti-Discrimination Policies ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employee Rights ,
Employees ,
Employment Discrimination ,
Employment Eligibility Verification ,
Enforcement Actions ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform and Control Act (IRCA) ,
Lawful Permanent Residents ,
Settlement ,
Statutory Violations
On November 25, 2024, the U.S. Department of Justice (DOJ) announced a settlement with Great Dane LLC (Great Dane), a trailer manufacturing company, over allegations of discriminatory hiring practices against non-U.S....more
12/9/2024
/ Corporate Counsel ,
Department of Justice (DOJ) ,
Discriminatory Intent ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Hiring & Firing ,
Non-Discrimination Rules ,
Settlement
USCIS’s E-Verify Disposal Announcement -
The U.S. Citizenship and Immigration Services (USCIS) recently announced that employers using E-Verify have until January 5, 2025, to download and retain records for cases last...more
10/15/2024
/ Corporate Counsel ,
Deadlines ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Memorandum of Understanding ,
Record Retention ,
Required Forms ,
USCIS
Seyfarth Synopsis: On March 29, 2022, USCIS announced three new initiatives to reduce processing delays and backlogs: (1) establishing processing time goals for petitions and applications; (2) expanding premium processing...more
On June 9, 2021 U.S. Citizenship and Immigration Services (USCIS) advised the public about its recent updates to the USCIS Policy Manual. Specifically, the USCIS updates...more
Seyfarth Synopsis: This announcement extends the flexibilities in rules relating to Form I-9 compliance that was initially granted last year. It also expands the scope of the “in-person” exemption benefit to certain...more
Earlier this week, on January 26, 2021, the Student and Exchange Visitor Program (SEVP) rescinded its intention, announced less than two weeks earlier, to develop an OPT Employment Compliance Unit. Immigration and Customs...more
Today, the U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. This announcement was expected in light of the...more
Buried within the Immigration and Customs Enforcement (ICE) website is seemingly recent guidance regarding how to update “virtual” Forms I-9 after companies return to “normal business operations.” While it’s unclear when the...more
On August 18, 2020, Immigration and Customs Enforcement (ICE) announced that employers have an additional 30-day extension to the flexibilities in rules related to Form I-9 compliance. ...more
8/19/2020
/ Corporate Counsel ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Required Forms ,
USCIS
On June 16, 2020, U.S. Immigration and Customs Enforcement (ICE) once again announced a 30-day extension of flexibility for the remote completion of Form I-9 (Employment Eligibility Verification), and a dispensation from the...more
6/22/2020
/ 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 ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Relief Measures ,
Required Forms ,
USCIS
In anticipation of the 10/21/19 version of the Form I-9 becoming mandatory for use, on May 1, the U.S. Citizenship and Immigration Service (USCIS) released the new M-274, Handbook for Employers....more
Seyfarth Blog Synopsis: In today’s posting we discuss the impact that COVID-19 related changes in working conditions, furloughs and layoffs have on businesses with employees currently working on H-1B, H-1B1 or E-3 work...more
4/13/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
E-3 ,
Furloughs ,
H-1B ,
H-1B1 ,
Immigration Procedures ,
Labor Condition Applications ,
Telecommuting ,
Visas ,
Wage and Hour
Seyfarth Synopsis: The temperature may be heating up in the nation’s capital, but Immigration and Customs Enforcement (ICE) is keeping things cool. ICE Acting Director, Matthew Albence, confirmed that almost 33301 Notices of...more