Immigration

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have announced yet another extension to flexibility relating to in-person Form I-9 compliance. The policy, which was originally announced on March 19, 2020, was previously set to expire on October 31, 2022. With this new extension, the policy will remain in effect until July 31, 2023.

Our F-1 Student Employment Guidance document provides an overview of permissible employment and investment activities for individuals with an F-1 student visa.

The Department of Homeland Security is seeking public comment on its proposed changes to I-9 document examination requirements, including one which would create a framework allowing DHS to pilot or implement permanent alternatives to in-person I-9 document examination requirements.

USCIS announced that it has begun implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140 under the EB-1 and EB-2 classifications.

USCIS has begun updating unselected H-1B cap registrations as “Not Selected,” which means that USCIS has received a sufficient number of H-1B cap petitions to fill the H-1B quota for Fiscal Year (FY) 2023.

USCIS recently announced the extension of COVID-19-related flexibilities, including additional time to file certain responses and documents and that it will indefinitely allow documents with electronically produced original signatures.

U.S. Citizenship and Immigration Services will begin accepting requests for premium processing for EB-1C multinational executive and manager petitions and EB-2 National Interest Waiver I-140 petitions on August 1.

U.S. Citizenship and Immigration Services announced its plan to begin implementing premium processing for certain petitioners who have a pending Form I-140 under the EB-1 and EB-2 classifications.

This alert covers USCIS’s announcement of a Temporary Final Rule (TFR), effective May 4, 2022, increasing the automatic extension period for Employment Authorization Documents (EADs) available to certain renewal applicants.

Read about the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement’s extension of a policy allowing for remote examination to determine Form I-9 Employment Eligibility Verification compliance and the agencies’ temporary guidance for employers.

This alert discusses DHS’s termination of its temporary COVID-19 policy allowing employers to accept expired List B identity documents for I-9 purposes and covers what’s required of employers. 

Read about USCIS’s plan to expand its premium processing service to include additional immigration benefit case types over a three-year period, including for applicants using Form I-539, Form I-765, and Form I-140.

This alert covers the DHS announcement designating Afghanistan and Ukraine for Temporary Protected Status (TPS) and outlines the process of applying for TPS, which will be in effect for 18 months. 

Read about USCIS’s recent updates to its H-1B visa registration process and the implications for selected and unselected H-1B registrations.

Read about the online registration system for FY2023 H-1B quota selection, which will run from March 1 through March 18, beginning and ending at 12:00 pm (noon) Eastern time.

This alert covers the CBP’s changes to its I-94 forms, including new designations for L-2 and E visa dependents, including spouses seeking work authorization.

Read about a USCIS announcement that the online registration period for H-1B quota selection for the upcoming fiscal year will run from March 1 through March 18, beginning and ending 12:00 pm (noon) Eastern Standard Time.

Mintz attorneys Adam Korn, Clare Prober, Jason Far-hadian, Meena Seralathan, Arameh O’Boyle, and Nada Shamonki provided pro bono legal services to help immigrants affected by the “return to Mexico” policy introduced by the Trump administration.

On December 15, 2021, USCIS and ICE announced they again extended flexibility relating to in-person Form I-9 compliance. This flexibility allows employers whose entire workforce is working remotely to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) and section 274A of the Immigration and Nationality Act. In addition, it applies to employees hired on or after April 1, 2021, who work exclusively in a remote setting due to COVID-19-related precautions.