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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
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
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
U.S. Citizenship and Immigration Services (USCIS) recently updated its policy manual regarding TN visa eligibility requirements. The new guidance imposes stricter guidelines for eligibility. Changes focus on the nature of the...more
Thousands of Haitian nationals remain in limbo after a federal court decision just temporarily blocked the government’s attempt to terminate Temporary Protected Status (TPS) for Haiti. While TPS for Haiti had been slated to...more
The indictment this week of the owners of a Texas bakery on harboring charges is proof that the Trump administration has made immigration enforcement a top priority, targeting both unauthorized foreign nationals and the...more
With our increasingly global workforce, it’s critical to have awareness of both the legal aspects of onboarding foreign hires and the cultural, “human” aspects of a diverse global workplace. Managing a multi-national...more
There are many questions surrounding potential U.S. Immigration and Customs Enforcement (ICE) raids impacting the workplace, as well as a heightened prospect of being contacted by the Homeland Security Investigations (HSI)...more
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
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...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
As was previously reported, employers have until August 30, 2023, to conduct in-person physical verification of identity and employment eligibility documentation for all employees who were onboarded using remote virtual...more
On May 4, 2023, the Department of Homeland Security (DHS) and Immigration Customs and Enforcement (ICE) announced that employers have 30 days to reach I-9 compliance after COVID-19 flexibilities end on July 31, 2023. Under...more
The USCIS approach to immigration compliance is changing rapidly as we come out of the COVID-19 pandemic. While employers must use Form I-9 to verify employment eligibility, it is an often-overlooked requirement that may open...more
U.S. Citizenship and Immigration Services (USCIS) again extended certain COVID-19-related flexibilities, this time through March 23, 2023. However, USCIS anticipates that this will be the final extension for these...more
The H-1B season is off and running! Though United States Citizenship and Immigrations Services (USCIS) has not specified the dates the online lottery will be open this year, we know it will occur in March. I recommend that...more
If you accepted expired forms of identification from new employees who completed their I-9 forms during the pandemic, your deadline for updating them with current proofs of identification is fast approaching. The Department...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
In March 2020, the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement relaxed some of the I-9 compliance requirements because of the COVID-19 pandemic. One of these “flexibilities” ended this...more
On March 29, 2022, the USCIS announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2023 H-1B cap. A random selection (lottery) was conducted from...more
The Biden Administration is ending worksite raids to catch unauthorized workers, according to a memorandum issued last week by Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security. In doing so, the...more