Category Archives: Immigration Law

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USCIS Releases New Form I-9

The U.S. Citizenship and Immigration Services (USCIS) published the latest version of Form I-9 on November 14. Employers must start using the new Form I-9 by January 22, 2017.  Until January 22, employers can continue to use the version of the Form I-9 dated 03/08/2013 N. According to the USCIS, the new Form I-9 includes … Continue Reading

Clark Kent: Take off those glasses if you want a passport or visa

The Department of State is rolling out its “no four eyes” policy. Effective November 1, 2016, the Department of State will no longer accept photographs of visa and passport applicants wearing eyeglasses, except in very limited medical circumstances.  From November 1 to November 30, the Department will accept photographs of applicants wearing eyeglasses as part … Continue Reading

Sixteen Years after Hurricane Mitch – Extended Work Authorization

It is hurricane season in Florida, but I am writing with emergency preparedness advice. I am writing about the lingering effects of Hurricane Mitch, which struck Central America in 1998, killing more than 11,000 people, destroying hundreds of thousands of homes, and causing more than $5 billion in damage. El Salvador, Honduras, and Nicaragua were … Continue Reading

Top Takeaways from our 26th Annual Labor & Employment Law Seminar

With over 400 attendees from more than 200 employers, our 26th Annual Labor & Employment Law Seminar was a huge success! Thank you for allowing us to keep you “on Track”. For the first time this year, following our morning sessions, attendees were able to choose from our “high-speed” track designed for experienced HR professionals or our “Hop … Continue Reading

New OPT Rule for STEM Grads – Some Good, Some not so Good?

For the last several months, foreign students in F-1 status and potential employers have been living in limbo. A federal district court invalidated the Department of Homeland Security’s rules providing additional time in Optional Practical Training for STEM graduates (graduates with degrees in Science, Technology, Engineering, or Math).  The same court decision invalidated what has … Continue Reading

USCIS Again Extends TPS for Haitian Nationals

Do not tell Donald Trump but the U.S. Citizenship and Immigration Services (USCIS) is again extending the Temporary Protected Status designation for Haiti for a period of eighteen (18) months, from January 23, 2016 through July 22, 2017. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because … Continue Reading

H-2B Update

Yesterday, we posted about the current suspension of the H-2B temporary, unskilled worker program. After we posted, the Department of Homeland Security (DHS) announced that it will resume adjudications of H-2B petitions, but will continue to suspend premium processing on H-2B petitions until further notice. DHS will resume adjudicating H-2B petitions based on temporary labor … Continue Reading

Unskilled, Temporary Worker Program Suspended: Seasonal Employment At Risk

Both the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) have suspended all processing under the H-2B program, which many employers use to hire seasonal workers. The decision may impact staffing at hotels and country clubs that often use temporary, unskilled workers during their busy seasons from October to May. On … Continue Reading

USCIS Extends Temporary Protected Status for El Salvador

Employment Authorization Documents Automatically Extended The U.S. Citizenship and Immigration Services (USCIS) recently extended the Temporary Protected Status designation for El Salvador for a period of eighteen (18) months, until September 9, 2016. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary … Continue Reading

USCIS Extends Temporary Protected Status for Honduras and Nicaragua

Employment Authorization Documents Automatically Extended The U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Honduras and Nicaragua for a period of eighteen (18) months, until July 5, 2016. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary … Continue Reading

Immigration – Vegas Style!

It is that time of year again. The U.S. Department of State’s Diversity Visa Program opened at noon on October 1 and will close on November 3, also at noon. For those not in the know, the Diversity Visa Program is an annual lottery open to nationals of countries with lower rates of immigration to … Continue Reading

Does Data Mining Tip the Balance Against E-Verify?

E-Verify is an online application that allows participating employers to verify electronically the employment eligibility of new hires.  It is jointly operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA). To participate in E-Verify, an employer must sign a multi-page Memorandum of Understanding (MOU) with the DHS and SSA. The employer … Continue Reading

Is the Job Market Improving? For Some Folks, Yes

Two weeks ago, the H-1B visa filing season kicked off and, within five days, the U.S. Citizenship and Immigration Services received about 175,000 H-1B petitions for 65,000 available H-1B visas, plus 20,000 H-1Bs set aside for foreign nationals who hold U.S. advanced degrees. Clearly, employers are looking to hire – at least highly skilled workers … Continue Reading

USCIS Again Extends TPS for Haitian Nationals

On March 3, the U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Haiti for a period of eighteen (18) months, from July 23, 2014 to January 22, 2016. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary … Continue Reading

E-Verify Up and Running

The U.S. Department of Labor has issued the following notice regarding E-Verify and the impact of the government shutdown: E-Verify has resumed operations following the federal government shutdown. All E-Verify features and services are now available. The following information addresses questions on how the federal government’s shutdown affected E-Verify and Form I-9. Information For Employers … Continue Reading

Form I-9 Tips from USCIS and ICE

The Verification Division of the U.S. Citizenship and Immigration Services and Immigration and Customs Enforcement Homeland Security Investigations have offered some practical tips and clarifications regarding the completion of Form I-9. Pre-Population of Employee Information in Section 1 of the Form I-9. For employers who use electronic I-9 systems, particularly those systems integrated with other … Continue Reading

DHS Extends Temporary Protected Status for Eligible Salvadorans

Following the extension of Temporary Protected Status (TPS) for certain nationals of Nicaragua and Honduras, the Department of Homeland Security has extended the program for El Salvadorans.  Currently, TPS status for qualifying El Salvadoran nationals expires on September 9, 2013.  With the extension, Temporary Protected Status for eligible El Salvadoran nationals is extended through March … Continue Reading
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