Immigration News

  • by Amy L. Peck
    Along with extending its flexibility in allowing virtual Form I-9 employment verification until December 31, 2020, USCIS is also continuing its flexibility with regard to long-pending Employment Authorization Document (EAD) applications. USCIS expected that this interim solution would only be necessary through December 1, 2020, but the delays in producing EAD cards have continued. As… Continue Reading
  • by Amy L. Peck and Michael H. Neifach
    Once again, just as it was about to expire, ICE has announced a further extension of flexibility in its rules related to Form I-9 compliance. This time, the extension will continue through December 31, 2020. Employers will be able to continue to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or… Continue Reading
  • by Amy L. Peck
    Federal District Judge Nicolas G. Garaufis struck down the Administration’s most recent attempt to limit the Deferred Action of Childhood Arrivals (DACA) program. He held that the Acting Secretary of Homeland Security, Chad Wolf, had not been properly appointed and therefore, his recent rollback of DACA was invalid. Rules regarding appointment and succession are meant… Continue Reading
  • by John E. Exner, Nicola Ai Ling Prall and Meredith K. Stewart
    For employers in the life sciences industry, please note our upcoming webinar on December 2, 2020, 1:00-2:00 p.m. EST. A description of the subject matter and registration details can be found here. Continue Reading
  • by Michael Bergman
    The Department of Homeland Security (DHS) has announced the arrest of 15 individuals who claimed to work on Optional Practical Training (OPT) for nonexistent companies.  In addition, USCIS notified 700 OPT recipients suspected of being complicit in similar activities that it would revoke their employment authorization.  Further, USCIS notified an additional 400 OPT recipients that… Continue Reading
  • by Sean G. Hanagan
    The U.S. Seventh Circuit Court of Appeals issued an administrative stay a day after a federal district court held the Public Charge Rule violated the Administration Procedures Act (APA)  and issued summary judgment in favor of the plaintiffs.  During October 2020, thousands of Adjustment of Status (AOS) applications were filed by individuals and law firms… Continue Reading
  • by Amy L. Peck
    U.S. Immigration and Customs Enforcement (ICE) has been flexible about how to complete Form I-9 employment verification due to the COVID-19 pandemic, allowing companies working remotely to inspect documents virtually (e.g., over video link, fax, or email) since March 2020. The period of flexibility has been extended over and over and is now scheduled to… Continue Reading
  • by Michael H. Neifach
    Having instituted a new on-line registration process for Cap H-1B petitions last year, on November 2, 2020, the Department of Homeland Security (DHS) issued a notice of proposed rulemaking to replace the random selection process with a process that prioritizes H-1B petitions with the highest wage levels. DHS sees wage levels as a proxy for… Continue Reading
  • by Forrest G. Read IV
    Announced via Tweet by Chad Wolf, Acting Secretary of the Department of Homeland Security, the COVID-related restrictions at the Canadian and Mexican borders have been extended yet again until November 21, 2020. These restrictions apply to land and sea entries and prevent entry for non-essential purposes. Although there continues to be some inconsistency at ports… Continue Reading
  • by Jessica Feinstein
    The B-1 in lieu of H-1B visa has been used by international companies to bring employees who remain on payrolls abroad to the United States for short periods of time (generally fewer than six months) to do professional level work that benefits the company abroad. Through the rulemaking process, the Department of State is proposing… Continue Reading