The Social Security Administration (SSA) has quietly hit pause on a key program that streamlined Social Security number (SSN) issuance for nonimmigrant and immigrant applicants. As of March 19, 2025, the Enumeration Beyond...more
Following his inauguration on Jan. 20, 2025, President Trump issued a number of immigration-related Executive Orders (EOs) sure to have impact on employers and their business operations. So far, the focus in the media has...more
1/30/2025
/ Citizenship ,
Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Enforcement Actions ,
Executive Orders ,
Foreign Workers ,
Green Cards ,
H-1B ,
Immigration Procedures ,
Migrants ,
Temporary Protected Status ,
Trump Administration ,
Undocumented Immigrants ,
USCIS ,
Vetting ,
Visas
Humanitarian parole programs for individuals from Cuba, Haiti, Nicaragua and Venezuela have been cancelled by President Trump’s Executive Order (EO) on Securing Our Borders. USCIS’s Uniting for Ukraine application process has...more
1/29/2025
/ Advance Parole Documents ,
DACA ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Immigrants ,
Immigration Procedures ,
Temporary Protected Status ,
Trump Administration ,
USCIS ,
Visas
As many expected, President Donald Trump has not only issued Executive Orders (EOs), but he has also rescinded many EOs issued by the Biden Administration concerning immigration, including the following: “The Restoring Faith...more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
The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates’ eligibility for second preference employment based (EB-2) immigrant visa with a...more
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 Department of State (DOS) revised the J-1 Skills List, which lists home countries to which foreign nationals are subject to a two-year foreign home residency requirement.
•The 37 countries that have been removed from...more
1/15/2025
/ Foreign Nationals ,
Foreign Workers ,
Immigration Procedures ,
Immigration Reform ,
International Relations ,
J-1 Visas ,
Non-Immigrant Visas ,
Policy Updates ,
Regulatory Reform ,
Residency Requirements ,
US Department of State ,
USCIS ,
Visas
The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity.
•The failure to move forward...more
1/14/2025
/ Biden Administration ,
Department of Labor (DOL) ,
Final Rules ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Immigrants ,
Immigration Procedures ,
Labor Reform ,
Labor Shortage ,
PERM ,
Proposed Rules ,
Regulatory Agenda ,
STEM ,
Trump Administration ,
USCIS
On Dec. 18, 2024, USCIS released the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Final Rule. First proposed in October 2023, the Biden...more
The U.S. Supreme Court held in Bouarfa v. Mayorkas, No. 23-583 (Dec. 10, 2024), that one cannot appeal a U.S. Citizenship and Immigration Services (USCIS) revocation of an approved visa petition in federal court because such...more
12/12/2024
/ Administrative Appeal Office ,
Administrative Authority ,
Appeals ,
Bouarfa v Mayorkas ,
Department of Homeland Security (DHS) ,
Discretionary Functions ,
Form I-130 ,
Judicial Review ,
Revocation ,
SCOTUS ,
USCIS ,
Visa Applications ,
Visas
In January 2025, the settlement agreement that returned USCIS to its practice of “bundling” adjudication of extensions of stay and applications for employment authorization documents (EADs) for dependent spouses of H-1B and...more
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
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
By September 30, 2023, Congress will again have to fund the government. Despite ongoing efforts by the administration and Congress, indications are that a shutdown may occur at the beginning of the fiscal year, on October 1....more
Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including retailers, at the beginning of the hiring process. Saying it learned from the...more
8/8/2023
/ 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
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
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
On April 18, 2022, USCIS announced that it had received 483,927 registrations for the FY 2023 H-1B Cap. This is the largest number ever received – almost 200,000 more than the total count of 308,613 for FY 2022....more
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
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
A series of significant developments in U.S. immigration law has already marked the beginning of 2022 and more can be expected.
In January, the Biden Administration unveiled a series of policies aimed at attracting and...more
3/15/2022
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
EB-2 ,
Employment Authorization Documents (EAD) ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
J-1 Visas ,
Joe Biden ,
O-1 Aliens of Extraordinary Ability ,
STEM ,
USCIS
USCIS has increased the evidentiary burden for petitions for the O-1 Extraordinary Ability visa to mirror that for the EB-1 Extraordinary Ability visa.
Both the O-1 nonimmigrant and EB-1 immigrant visa classifications...more
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
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