News & Analysis as of

United States Citizenship and Immigration Services Employer Liability Issues Corporate Counsel

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Seyfarth Shaw LLP

TPS for Honduras, Nepal, Nicaragua Extended: The Ride Rolls On

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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

Seyfarth Shaw LLP

TPS Haiti Work Authorization Extended to February 2026, Employers need to Make I-9 Updates.

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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

Gibney Anthony & Flaherty, LLP

USCIS to Increase Scrutiny for TN Visa Requirements: Impact on Employers

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

Fisher Phillips

TPS for Haiti Uncertain After Court Blocks Termination Order: How Employers Can Remain Compliant

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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

Fox Rothschild LLP

Employers Charged for ‘Harboring’ Unauthorized Foreign Workers

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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

Harris Beach Murtha PLLC

Is Your House in Order? A Guide to Immigration Worksite Enforcement

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

Amundsen Davis LLC

Workplace ICE Raids and Form I-9 Inspections

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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

Seyfarth Shaw LLP

Last Call for E-Verify Records: Compliance Steps Before the January 5, 2025 Disposal

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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

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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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

Jackson Lewis P.C.

DHS Makes Qualified Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option

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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

Littler

Tips on Physical Reverification of Virtually Verified Remote Employees

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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

Littler

Employers Have 30 Days to Reach Compliance after I-9 COVID Flexibilities End on July 31, 2023

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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

Fisher Phillips

3 Worksite I-9 Compliance Updates: The Times They Are a Changin’ … For the Better?

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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

Gibney Anthony & Flaherty, LLP

USCIS Extends COVID Flexibilities, Likely for Last Time

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

Amundsen Davis LLC

The Top 5 Mistakes Employers Make When Preparing H-1B Petitions

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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

Fisher Phillips

I-9 Deadline Approaching: Employers Have Until July 31 to Update Critical Immigration Forms

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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

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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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

Constangy, Brooks, Smith & Prophete, LLP

I-9 compliance flexibility extended till October 31, but a question remains

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

Fisher Phillips

The Top 18 Workplace Law Stories from March 2022

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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

Gibney Anthony & Flaherty, LLP

FY 2023 H-1B Initial Selection Process Completed

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

Fisher Phillips

The Top 17 Workplace Law Stories from February 2022

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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

Fisher Phillips

The Top 14 Workplace Law Stories from January 2022

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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

Fisher Phillips

The Top 16 Workplace Law Stories from November 2021

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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

Constangy, Brooks, Smith & Prophete, LLP

Biden Administration Ends Workplace Immigration Raids, Will Focus On Employers Instead

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

Gibney Anthony & Flaherty, LLP

USCIS Issues Policies to Improve Immigration Services: What Employers and Foreign Nationals Need to Know

U.S. Citizenship and Immigration Services (USCIS) announced three new policy updates to the USCIS Policy Manual aimed at improving access to immigration benefits. The updated policies: • Clarify the criteria for expedited...more

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