News & Analysis as of

United States Citizenship and Immigration Services Foreign Nationals 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

Jackson Lewis P.C.

DHS Announces End of TPS Designations for Nicaragua and Honduras

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On July 7, 2025, DHS Secretary Kristi Noem announced that TPS designations for Nicaragua and Honduras will not be extended. TPS designations for both countries expired on July 5, 2025. The 60-day transition period will...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

Constangy, Brooks, Smith & Prophete, LLP

New USCIS Guidance overhauls TN visa requirements

The USCIS has issued new guidance in its Policy Manual, which updates the eligibility criteria for TN professionals under the United States-Mexico-Canada Agreement, also known as the “USMCA.” This guidance outlines...more

Adams & Reese

An I-9 Compliance Checklist for Businesses Engaged in Mergers & Acquisitions

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In the fast-paced world of mergers, acquisitions, asset sales, and private equity transactions, the excitement of growth can overshadow critical compliance details. However, unaddressed I-9 compliance issues in any M&A deal...more

Adams & Reese

SCOTUS: DHS Can Proceed with Termination of Temporary Protected Status for Venezuelans

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On May 19, 2025, the U.S. Supreme Court issued an emergency order that allows the Department of Homeland Security (DHS) to proceed with terminating Temporary Protected Status (TPS) for Venezuelan nationals under the 2023...more

Fisher Phillips

H-1B Employers Beware: An Employer’s Step-By-Step Guide to Fraud Detection and National Security Directorate (FDNS) Site Visits

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If you’ve “won” the H-1B lottery and are fortunate enough to have key foreign national workers at your organization, you may think your worries are over – but a recent trend may mean you’ll get a site visit at your workplace...more

Seyfarth Shaw LLP

The New Risk for Global Talent: F-1 SEVIS Terminations and Student Visa Revocations

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Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in...more

Fisher Phillips

The Visa Bulletin for April: Final Action Dates and an Employer’s Immigration Plan

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Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This...more

Fisher Phillips

DHS Mandates Nationwide Alien Registration Under WWII-Era Law: 5 Things Employers Need to Do

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Federal immigration officials are about to significantly expand foreign national registration enforcement by requiring certain noncitizens to register with the government, provide biometric data, and carry proof of...more

Fisher Phillips

An Employers’ Guide to Navigating H-1B Season: Answers to Your Top Questions

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Are you confused about how to navigate the timelines and requirements for the H-1B cap season? It’s complicated! The registration window officially opened Friday – and employers that want to hire highly skilled foreign...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

McAfee & Taft

Every step you take: Navigating the H-1B visa lottery and preparing for increased ICE worksite enforcement

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Employers nationwide are preparing for one of the most competitive H-1B visa seasons yet. From noon EST on March 7 to noon EST on March 27, employers can submit registrations on behalf of beneficiaries for whom they wish to...more

Seyfarth Shaw LLP

Breaking Down the State Department’s New Visa Interview Waiver Limits

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Effective February 18, 2025, the U.S. Department of State (DOS) made changes to the visa interview waiver program, leaving applicants and employers scrambling to navigate the new requirements. These restrictions—implemented...more

Baker Donelson

The H-1B Visa Process and the Second Trump Administration

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The official USCIS announcement of registration and filing dates for the H-1B CAP Registration process is quickly approaching and with the inauguration of the second Trump administration, there is much uncertainty about the...more

Constangy, Brooks, Smith & Prophete, LLP

5 things to ask before your foreign national employees travel this holiday season

If you can answer these, you should be in good shape. With the holidays approaching, many employers with foreign national employees are wondering what they need to know before their employees depart from the United States....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Updates Policy Manual to Clarify Types of Evidence That May Be Considered for EB-1A Eligibility

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual, Volume 6, Part F, Chapter 2, to further clarify the types of evidence that may be used when USCIS determines eligibility for the EB-1A...more

Littler

Summary of Upcoming Changes to USCIS Filing Requirements in April 2024

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April 1, 2024, will mark the beginning of new changes to USCIS form editions, filing fees, and direct filing addresses for many common immigration applications and petitions. ...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.

Fisher Phillips on

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

Fisher Phillips

Automatic 540-Day Extension of Certain EAD Renewals Will Expire for Foreign National Workers in October: What Should Employers Do...

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By the end of October, a temporary rule that has been allowing certain foreign nationals to receive an increased period of automatically extended authorization to work in the United States for the past year will expire – and...more

Tarter Krinsky & Drogin LLP

Online Rescheduling of Immigration Biometrics Appointment Now Available

On June 28, 2023, U.S. Citizenship and Immigration Services (USCIS) introduced a new online Biometrics Appointment Rescheduling tool, which allows immigration benefits applicants and their attorneys to reschedule biometrics...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Releases Updated Eligibility Criteria for Compelling Circumstances EADs

On June 14, 2023, the United States Citizenship and Immigration Services (USCIS) released detailed guidance regarding the eligibility criteria for the Compelling Circumstances Employment Authorization Document (EAD)...more

Akerman LLP - HR Defense

Retrogression and Further Delays Expected in the Employment-Based Immigrant Visa Process During May 2023

Employers sponsoring foreign nationals should be aware that some cut-off dates for filing immigrant visa applications in certain employment-based (EB) preference categories have recently “retrogressed” or moved backwards in...more

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