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
After reaching out to both U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice’s Immigrant and Employee Rights Section (IER) for clarification, USCIS has issued a significant and unexpected update...more
7/1/2025
/ Employee Rights ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Government Agencies ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
New Guidance ,
Temporary Protected Status ,
Time Extensions ,
USCIS ,
Venezuela ,
Work Permits
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
Late Friday evening, June 6, 2025 – right after we posted TPS Twist: Court Halts DHS Action on Certain Venezuelan Work Authorization-For Now – U.S. Citizenship and Immigration Services (USCIS) updated its website with a...more
6/12/2025
/ Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
ITAR ,
Noem v National TPS Alliance ,
Popular ,
Refugees ,
SCOTUS ,
Temporary Protected Status ,
Trump Administration ,
USCIS ,
Venezuela ,
Work Permits
In a 7–2 decision issued by the U.S. Supreme Court on May 30th (with Justices Jackson and Sotomayor dissenting), the Court granted the federal government’s request to stay the district court’s injunction that had blocked the...more
6/10/2025
/ Appeals ,
E-Verify ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Noem v National TPS Alliance ,
Noem v Svitlana Doe ,
Parole Employment Authorization ,
Preliminary Injunctions ,
Refugees ,
SCOTUS ,
Stays ,
Temporary Protected Status ,
Trump Administration ,
USCIS
In a significant development for Venezuelan Temporary Protected Status (TPS) holders, a federal district court in California has issued an injunction preventing the Department of Homeland Security (DHS) from invalidating...more
6/9/2025
/ Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Form I-94 ,
Hiring & Firing ,
Immigrants ,
Immigration Reform ,
Injunctions ,
Judicial Authority ,
Preliminary Injunctions ,
Refugees ,
Temporary Protected Status ,
Trump Administration ,
USCIS ,
Venezuela
In a pivotal immigration development, the U.S. Supreme Court (SCOTUS) has effectively granted the Department of Homeland Security (DHS) permission to proceed with the termination of the 2023 Temporary Protected Status (TPS)...more
5/27/2025
/ Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
New Guidance ,
Noem v National TPS Alliance ,
Political Asylum ,
Popular ,
Refugees ,
SCOTUS ,
Temporary Protected Status ,
Trump Administration ,
USCIS ,
Venezuela
In the ongoing narrative of the Trump administration’s attempt to repeal the Humanitarian Parole program for Cuba, Haiti, Nicaragua, and Venezuela (CHNV), on Monday, May 5th, the US Court of Appeals for the First Circuit...more
5/12/2025
/ Appeals ,
Constitutional Challenges ,
Cuba ,
Department of Homeland Security (DHS) ,
Deportation ,
Foreign Nationals ,
Foreign Workers ,
Haiti ,
Human Rights ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Judicial Authority ,
Nicaragua ,
SCOTUS ,
Trump Administration ,
USCIS ,
Venezuela
Last week, a federal district court in Massachusetts temporarily blocked the mass termination of parole and employment authorization for beneficiaries of the Humanitarian Parole program for Cuba, Haiti, Nicaragua, and...more
4/23/2025
/ Appeals ,
Biden Administration ,
Cuba ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Deportation ,
E-Verify ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Workers ,
Form I-9 ,
Haiti ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Nicaragua ,
Parole ,
Trump Administration ,
USCIS ,
Venezuela
On April 11, 2025, the United States Citizenship and Immigration Services (USCIS) will begin enforcing the newly created requirement....more
4/14/2025
/ Department of Homeland Security (DHS) ,
ESTA ,
Executive Orders ,
Foreign Nationals ,
Immigrants ,
Immigration and Nationality Act ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Penalties ,
Popular ,
Registration Requirement ,
Trump Administration ,
USCIS
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
With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more
12/27/2024
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Job Applicants ,
Labor Condition Applications ,
Regulatory Requirements ,
USCIS ,
Visas ,
Wage and Hour
The Department of Homeland Security (DHS) announced a permanent increase in the automatic extension period for certain Employment Authorization Documents (EADs) up to 540 days. The final rule will take effect on January 13,...more
12/17/2024
/ Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Final Rules ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Regulatory Requirements ,
Required Forms ,
Time Extensions ,
USCIS
The passage of the vaguely named “Right to Privacy in the Workplace Act” led to widespread chatter that the law possibly prohibited employers from using E-Verify unless they were explicitly required to do so under federal...more
11/7/2024
/ E-Verify ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Illinois ,
Immigrants ,
Immigration Procedures ,
Required Forms ,
State Labor Laws ,
USCIS
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
The Child Status Protection Act (CSPA) is a law designed to help certain young people (children of immigrants) keep their eligibility for U.S. immigration benefits, even if they turn 21 years old during the application...more
10/8/2024
/ CSPA ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Lawful Permanent Residents ,
Minor Children ,
Policy Updates ,
Retrogression ,
USCIS ,
Visa Applications ,
Visas
On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more
Seyfarth Synopsis: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the “Keeping Families Together” process for certain noncitizen spouses and stepchildren of U.S. citizens. “Keeping...more
8/22/2024
/ Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Spouses ,
Undocumented Immigrants ,
USCIS
On the morning of February 14, 2024, several clients reached out after encountering issues with the photo matching tool in E-Verify. They reported discrepancies where the photos transmitted by E-Verify did not align with the...more
On May 4, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced the official sunset date for COVID-19 related Form I-9 physical inspection flexibilities: July 31,...more
On January 4, 2023, the United States Citizenship and Immigration Services (USCIS) published a proposed rule to increase fees for most immigration benefit requests. If implemented, employers will pay significantly more for...more
Seyfarth Synopsis: On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an increase to the automatic extension period for certain Employment Authorization Documents (EADs) from 180 days to 540 days....more
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