Employment Law Information Network
All Things Labor and Employment Law
In March 2022, USCIS published a final rule expanding its premium processing service to include additional immigration petition and application types. This announcement was welcome news to businesses and foreign nationals dealing with extensive delays in the processing of immigration benefits.
On May 24, 2022, USCIS announced that premium processing
Federal courts could not review the U.S. Attorney General’s decisions denying discretionary relief from removal – even in a case where the alien contends that the decision was based on a factual error, the U.S. Supreme Court has held, 5-4, affirming the opinion of the U.S. Court of Appeals for
The Immigration Reform and Control Act (IRCA) of 1986 requires all U.S. employers to complete a Form I-9 upon hiring a new employee to work in the United States. Civil and criminal fines and penalties may be imposed on a business for employing undocumented workers, and individuals responsible for IRCA compliance can even be held personally liable.
Normally, the U.S. Department of Homeland Security (DHS) regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the Employment Authorization Document (EAD) for applicants within certain employment-eligible categories who have a timely filed and pending request to renew employment authorization
As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals.
Currently, certain individuals with expiring employment authorization documents (EADs) can continue working for an additional 180 days as long as they have
On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a temporary final rule (TFR) that increases the automatic extension period for expiring employment authorization documents (EAD) for renewal applicants in certain categories for up to 540 days.
On April 25, 2022, the U.S. Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) agency announced an extension of compliance flexibility related to Form I-9 employment eligibility verification requirements until October 31, 2022.
Congress recently passed Omnibus spending legislation that includes reauthorization of the EB-5 Immigrant Investor Regional Center Program which has been suspended since June 2021.
I-9 flexibility is extended until October 31, 2022, due to continuing COVID-19 precautions.
The Department of Homeland Security (DHS) guidance remains the same and preparing for the possible end of the flexibility is still advised. Indeed, DHS stated, “[E]mployers are encouraged to begin, at their discretion, the in-person verification of
U.S. Citizenship and Immigration Services (USCIS) recently published fiscal year (FY) 2023 H-1B cap registration statistics, confirming that more than 48,000 prospective petitioners submitted 483,927 registrations—an approximate 57 percent increase over the number of registrations submitted in the FY 2022 filing season. USCIS selected 127,600 FY 2023 registrations in the
An accounting firm hires a new graduate with a Bachelor of Science in Accounting degree from a local university for its audit team. This new graduate is a foreign student utilizing the one-year Optional Practical Training (“OPT”) Employment Authorization offered to all F-1 students upon graduation. The new employee is bright, articulate, and fits into the firm’s culture well. Seeking to retain the services of this employee beyond the one year of OPT employment authorization, the employer’s human resources team consults with immigration counsel.
The Jumpstart Our Legal Immigration System Act (Jumpstart), introduced by Zoe Lofgren (D-Calf.) in the House of Representatives, if passed, could revolutionize the green card process. The legislation would recapture thousands of unused family- and employment-based visas and allow beneficiaries to expedite their processes by paying additional fees.
The Jumpstart
On April 18, 2022, USCIS announced that it had received 483,927 registrations for the FY 2023 H-1B Cap. This is the largest number ever received – almost 200,000 more than the total count of 308,613 for FY 2022.
Out of the 487,927 registration applications, USCIS selected 127,600 to fill the
On March 29, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it would implement three new actions to reduce lengthy processing times that resulted from COVID-19–related delays.
Foreign students studying towards a degree program in the U.S. and maintaining a valid F-1 status can apply their theoretical knowledge and gain invaluable experience in their respective fields/major of study through training periods both during and after completion of their studies. These opportunities can be achieved by Curricular
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