On the morning of February 14, 2024, several clients reached out after encountering issues with the photo matching tool in E-Verify. They reported discrepancies where the photos transmitted by E-Verify did not align with the photos on the employees’ documents. It became increasingly clear that E-Verify was not rendering the correct photos from the government’s databases. Instead, random photos were appearing on the photo-match screen. We quickly investigated, reaching out to several electronic I-9 vendors, and clients, to assess the scope of the issue. After confirming that the issue was widespread, we informed U.S. Citizenship and Immigration Service (USCIS). Fortunately, the agency was able to quickly resolve the problem.

How to Handle Affected Photo Match Cases:

Cases with erroneous photos should be closed, and a new E-Verify submissions should be made to ensure the correct images are displayed in order to complete the photo match process.

Employers utilizing electronic I-9 systems are encouraged to closely collaborate with their vendors to understand the resubmission process and identify any necessary actions on their part. Moreover, employers should verify that cases did not mistakenly receive a Tentative Nonconfirmation (TNC) based on an erroneous photo match.

What Is E-Verify?

E-Verify, established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), is an online platform enabling employers to check the work eligibility of their employees electronically. It does not replace the Form I-9.

E-Verify requires employers to input details from an employee’s Form I-9, into the system. This data is then digitally matched against records held by the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA), with responses typically provided in seconds to confirm whether the employee is authorized to work or if further steps are necessary to resolve the case.

The program is jointly managed by the SSA and USCIS. USCIS plays a pivotal role in ensuring adherence to U.S. immigration laws by offering support and training for the E-Verify program, assisting users, conducting outreach activities, and pioneering technological advancements for verifying employment eligibility. E-Verify is voluntary unless mandated by the E-Verify Federal Contractor Rule or individual state regulations.[1]

 What is the Photo-Matching Tool?

When using E-Verify, the system will guide users to perform a photo comparison process. This involves checking certain documents provided by the employee against a corresponding photo shown during the E-Verify case creation. This step is crucial for verifying that the document presented by the employee aligns with the data accessible to the DHS.

There are four specific List A documents that activate the photo matching feature: 1. the U.S. passport, 2. the passport card, 3. the Permanent Resident Card (also known as Form I-551), and 4. the Employment Authorization Document (Form I-766). Upon the presentation of any of these documents by an employee, employers are required to make copies of both sides of the document (for a U.S. passport, this means copying the Passport ID page and the Passport Barcode page) and keep these copies with the employee’s Form I-9. If the details on the employee’s Form I-9 match with DHS records, E-Verify will display a photo from the document that was presented.

Employers must compare the photo E-Verify displays against the actual document’s photo or a photocopy of it. Employers should not use the E-Verify photo to compare against the employee themselves. That comparison should have already been conducted during the Form I-9 verification process, before initiating the E-Verify case. The aim is to confirm the photos are “reasonably identical” with allowances for minor differences due to the document’s condition or variations in monitor quality.

It’s important to note that E-Verify photos include a watermark to deter misuse. A genuine document provided by the employee should not have this watermark. However, the absence of a watermark in the employee’s document photo does not discredit its authenticity.

The Seyfarth Immigration Compliance and Enforcement team regularly trains companies in E-Verify protocols, develops policies to ensure E-Verify compliance anti-discriminatory processes, and audits current systems in an effort to minimize liability and recommend improvements. We also focus on the interplay between electronic systems and E-Verify. With increasing information sharing between government agencies, it is more important than ever to ensure that those responsible for managing the E-Verify process understand the timelines involved, the process, and the need to treat all employees fairly. Please contact the author at Dlurie@seyfarth.com for more information.

[1] For more information on state E-Verify regulations, current Seyfarth clients may reach out to Dlurie@seyfarth.com for information related to our 50 State E-Verify Mandate survey.


By: Jason E. Burritt, Victoria Ma, Gabriel Mozes, Mia Batista, and Brooke K. Gary

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration period, which will run from March 6, 2024 to March 22, 2024.

1. FY 2025 H-1B Cap Registration Period

USCIS announced that this year’s cap registration will open on March 6, 2024, at noon EST and close on March 22, 2024, at noon EST.  Employers should be prepared to submit critical data points associated with each H-1B registration once the registration period opens in early March, which will occur through USCIS’ newly developed online organizational account system, launching on February 28, 2024. Employers and their legal representatives can collaborate on preparing H-1B cap registrations in the new system.

2. H-1B Cap Registration Final Rule: Integrity Measures

A. Background

On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated Notice of Proposed Rulemaking (NPRM) on modernizing the H-1B program. One focus within this proposal aimed at improving integrity measures by addressing H-1B cap registration abuse and changing the way USCIS selects registrations to prevent employers from manipulating the registration process. As a reminder, USCIS received over 780,000 H-1B cap registrations in March 2023 (up more than 300,000 from the prior year) and more than 52% of these registrations were received from beneficiaries who had two or more registrations.  In this Notice, DHS emphasized its interest in ensuring that H-1B allocations benefit petitioners who truly intend to employ the foreign worker and not those who “game” the selection process. On January 30, 2024, USCIS announced the H-1B Registration final rule, making some of the provisions proposed in the October 2023 NPRM final.

B. H-1B Cap Registration Updates

For the FY 2025 H-1B cap registration and beyond, the selection process will be beneficiary-centric, rather than a registration-centric process. USCIS will select registrations by unique beneficiary rather than by registration. Through these changes to the registration process, USCIS aims to ensure that each beneficiary has the same chance of selection, regardless of the number of  registrations submitted on their behalf.

Registrants – meaning employer petitioners — must include the foreign national’s valid passport information or valid travel document information, and cannot use more than one passport or travel document. In addition, the document must be the same document the beneficiary intends to use to enter the United States if issued an H-1B visa. The only narrow exception to this provision is that a travel document may be used in lieu of a valid passport where a foreign national cannot obtain passport, for example stateless individuals and refugees.

Following registration, each unique beneficiary will be entered into the selection process only once, regardless of the number of many registrations submitted on their behalf. If a beneficiary is selected, each registrant – again, meaning employer petitioner — who submitted a registration on that beneficiary’s behalf will be notified and will be eligible to file a petition on that beneficiary’s behalf during the applicable petition filing period.

The H-1B petition must be supported by the same identification document provided in the registration. However, USCIS has discretion to allow changes, including but not limited to, a legal name change due to marriage, change in gender identity, or a change in passport number or expiration date due to renewal or replacement, between registration and filing of the petition.

C. Failure to Follow New Integrity Rules

Under the new system, a beneficiary may not be registered under more than one passport or travel document. If USCIS determines that multiple registrations are submitted for the same beneficiary using different identifying information, USCIS may find those registrations invalid and deny or revoke the approval of that beneficiary’s filed H-1B petition.

In addition, the Notice codifies USCIS’s authority to deny or revoke an H-1B petition where the statements in the petition, H-1B registration, labor condition application (LCA), or temporary labor certification are found to be inaccurate, fraudulent, or misrepresented, which includes the attestations on the H-1B registration, through which registrants confirm a true offer of employment.  

3. Conclusion

These changes to the cap registration process seek to prevent fraud and misuse of the H-1B cap registration system. The new final rule will both strengthen integrity and create a more equitable process for beneficiaries, while also providing a pathway for beneficiaries with multiple job offers.

Employers should act now to identify and begin preparation for the H-1B registration process for candidates or current employees who require H-1B sponsorship. In addition, employers should work with their proposed cap beneficiaries to ensure that they have valid passports or travel documents and prepare for the registration.

Seyfarth will continue to offer insights and updates to the FY 2025 H-1B cap process.  Please reach out to the authors or your Seyfarth attorney if you have any questions.

By: Jason Burritt, Steven Brouillard, Valerie Salcido, and Victoria Ma

Seyfarth Synopsis:  Effective April 1, USCIS will implement significant filing fee increases, in particular for petition and applications related to employment-based benefits.

U.S. Citizenship and Immigration Services (USCIS) published a final rule, which will take effect on April 1, 2024, to adjust certain immigration and naturalization benefit request fees. Through this rule, USCIS will implement substantial fee increases especially for employment-based petitions, reshaping the cost landscape for immigration benefits.

Key Takeaways:

1. H-1B Cap Registration Fee Increase: USCIS will substantially increase the H-1B cap registration fee from $10 to $215 per registration, a 2050% surge, effective March 2025 for the FY 2026 cap season and beyond. The fee of $10 remains in effect for this year, the FY 2025 cap season. This change is part of USCIS’s initiative to align fees with the operational costs linked to the administration of the H-1B registration system.

2. New Asylum Program Fee for Employment-Based Visas: USCIS will implement a $600 Asylum Program Fee for I-129 and I-140 petitions, with a reduced fee of $300 for small employers, defined as those with 25 or fewer full-time employes, and exempting nonprofit employers.

3. Fee Changes for Form I-129, Form I-140, and Form N-400: USCIS will significantly change the filing fees associated with various immigration forms, particularly impacting Form I-129, Petition for a Nonimmigrant Worker, Form I-140, Immigrant Petition for Alien Workers, and Form N-400, Application for Naturalization. Please find below a detailed breakdown of the fee changes and their implications:

Form I-129:

Under the current fee schedule, USCIS requires the same $460 filing fee for all classifications using form I-129, including for example H-1B, L-1, TN and E-3. Through the final rule, USCIS will impose different filing fees for different classifications, as fully outlined in the chart below.  For example, the Form I-129 filing fee for an H-1B petition will rise by 70%, reaching $780 from $460, and the L-1 petition filing fee will rise by 201%, reaching $1,385 from $460. Certain exemptions and reduced fees may apply to small employers and nonprofit organizations, providing a nuanced fee structure based on the size and nature of the petitioner. These increases do not include the new Asylum Program Fee described above. In addition, for certain H-1B and L-1 petitions, the USCIS Fraud Prevention and ACWIA fees remain unchanged.

Form I-140:

USCIS will impose a nominal 2% increase from $700 to $715 for I-140 petitions. These increases do not include the new Asylum Program Fee described above.

Form N-400:

The USCIS fee rule includes adjustments to the filing fee for Form N-400, the application for naturalization.  Under the revised fee schedule:

  • Form N-400, Application for Naturalization (online filing), previously priced at $640, will increase by 11% to $710.
  • Form N-400, Application for Naturalization (paper filing), formerly priced at $640, will increase by 19% change to $760.

4. Premium Processing Timeline Change: USCIS will extend the premium processing adjudication period from 15 calendar days to 15 business days, providing USCIS more time to adjudicate petitions, which will impact planning for immigration filings. In addition, the new fees for premium processing requests will take effect on February 26, 2024. For more details, please see our client alert–U.S. Citizenship and Immigration Services Increases Premium Processing Fees–here.

5. New Process and Fees for Adjustment of Status Applications: USCIS will implement a fee of $1,440 for most adjustment of status applications, featuring a reduced fee of $950 for applicants under 14 applying concurrently with a parent. This fee structure marks a departure from the initially proposed $1,540 adjustment filing fee, retaining USCIS’s tradition of offering reduced fees for applicants filed by children.

Notably, the agency will unbundle I-765, Application for Employment Authorization (EAD) and I-131, Application for Travel Document (Advance Parole, or AP) fees from the adjustment of status filing fee. Under the current fee structure, the adjustment fee covers associated EAD and advance parole applications. The new fee schedule mandates separate charges for these documents.  USCIS will charge a reduced fee of $260 for EAD applications filed concurrently with the adjustment application, and for EAD renewals during the pendency of the adjustment. Applicants, however, will pay $630 for initial AP and subsequent renewals, with no discounts for concurrent filing with adjustment applications or renewals during the adjustment process.

Summary of New Fees for Common Employment-Based Petitions:

The below chart details current and proposed fees for common employment-based petitions. It excludes statutory fees. Employers will be subject to the following new fees for common employment-based and related application types as of April 1, 2024:

*The percentage reflects the change from the current base filing fee, exclusive of separate biometrics fee, which will now be included in the new base filing fee.

**For adult applicants, exclusive of separate biometric fee, which will now be included in the new base filing fee.

***Adjustment of status applicants will pay half the standard I-765 fee if they paid the full fee for a concurrently filed or pending adjustment application.

What Employers Could Do to Prepare for the Change:

Based on the response to the 2020 Final USCIS Fee Rule, there is good reason to expect that one or more court challenges will be brought against this newest rule, which could delay or ultimately prevent its implementation. Nevertheless, sponsoring employers must anticipate the budget impact, consider the extended premium processing timeline, and familiarize themselves with updated USCIS forms that will be mandatory as of April 1, 2024. We encourage clients to work with your Seyfarth Shaw legal team to submit cases before April 1 to benefit from the current fee structure and form editions. Strategic planning is crucial amid this transformative adjustment in the immigration landscape.

Seyfarth Shaw will continue to monitor any further developments. Should you have any questions, please e-mail the authors directly or alert your Seyfarth Shaw contact.

By: Weija (Victoria) Ma

Seyfarth Synopsis: Department of Homeland Security (DHS) published a final rule to increase premium processing fees. The new fees will start on February 26, 2024.

On December 27, 2023, USCIS announced an inflation adjustment to premium processing fees effective February 26, 2024.

Pursuant to the USCIS Stabilization Act, codified through the USCIS Stabilization Rule by the inflationary adjustment calculation provided by INA 286(u)(3)(C), 8 U.S.C. 1356(u)(3)(C), DHS possesses the authority to adjust the premium processing fees charged by USCIS on a biennial basis.

DHS will increase the fees reflecting the 12.3% increase in the Consumer Price Index for All Urban Consumers (CPI-U) from June 2021 to June 2023. The fee increases are as follows:

Form (Classification)Previous FeeNew Fee
Form I-129, Petition for a Nonimmigrant Worker (All available Form I-129 classifications, except as noted below)$2,500$2,805
Form I-129, Petition for a Nonimmigrant Worker (H-2B or R-1 nonimmigrant status)$1,500$1,685
Form I-140, Immigrant Petition for Alien Worker$2,500$2,805
Form I-539, Application to Extend/Change Nonimmigrant Status$1,750$1,965
Form I-765, Application for Employment Authorization (F-1 Optional Practical Training and F-1 STEM Optional Practical Training Extension)$1,500$1,685

Companies should include these new fee increases for budgeting purposes. Please note that individuals and companies may only request premium processing if their classification is eligible for premium process service. Eligible classifications can be found here.

Seyfarth will continue to monitor and report on any new developments in this area.  If you have any questions, please feel free to reach out to the author or your Seyfarth attorney.

Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is not just about technology- it brings with it a host of implications, including a significant move marking a new direction in immigration policy, especially for U.S. employers. To accomplish the Executive Order’s stated goal of ensuring that America “leads the way in seizing the promise and managing the risks” of AI, the order seeks to pave the way to attract AI talent into the US, as both students and immigrants. The significant immigration policy changes and rulemaking initiated by the order marks a new direction in immigration policy. This blog post delves into these implications, offering insights into the potential of this Executive Order (or “EO”) to reshape the immigration landscape to support economic growth and U.S. competitiveness as it relates to those working in the field of “AI and other critical and emerging technologies.”

Immigration Policy Innovations

To cultivate talent in AI and emerging technologies, the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence highlights the significance of immigration policy in attracting and retaining top talent. With that in mind, the Department of Homeland Security (“DHS”) and the Department of Labor (“DOL”) are directed to review and identify pathways within the current U.S. immigration system to advance the policies outlined in the Executive Order.

Clarifying and Modernizing Pathways: The DHS Secretary is set to review and potentially modify policies related to how temporary visa categories like the O-1A for individuals with extraordinary ability or  outstanding researchers and permanent visa categories like the EB-1 for individuals with extraordinary ability or the EB-2 for individuals with advanced degrees may be leveraged to encourage talent in these fields. DHS has posted general information through a Fact Sheet that discusses its consideration of immigration policy changes, but what such changes could look like and when they may be implemented through policy or regulation is still in theory. Efforts could include broadening the criteria for these visas and making the process more streamlined for specialists in AI and emerging technologies to qualify in these visa categories.

Schedule A Occupations Expansion: A significant proposition is expansion of the DOL “Schedule A” list of occupations. Schedule A is a list of occupations where the DOL has in essence predetermined a shortage exists in the labor market. For occupations on this list, U.S. employers may bypass the test of the labor market that is currently required to sponsor foreign workers for green cards. It has been more than three decades since the Schedule A Group I list was updated. The program is one of many that is ripe for review and modernization. It is unknown if DOL has a system or process for how occupations are identified for Schedule A. Historically the list was limited to roles like nurses and physical therapists, with this new directive, an updated list is within the realm of possibility. Alongside the unknowns are great possibilities for implementing a more nuanced approach and systematic protocol for regularly reviewing and assessing the approved occupations on Schedule A to better meet the demands and needs of the labor market, one that is in line with a quickly changing economic and global landscape.

Modernizing the H-1B Program: The proposed amendments to the H-1B visa regulations may redefine “specialty occupation” criteria. Given AI’s interdisciplinary nature, it is crucial that this definition is flexible enough to accommodate AI specialists whose expertise crosses traditional academic boundaries. The DHS Fact Sheet referencing the USCIS’ proposed rule to modernize the H-1B program published on October 20, 2023 notes that this proposed rule is “consistent” with the Executive Order. A close review of the proposed rule, however, reveals unclear elements, particularly in defining specialty occupation and educational criteria. Timing of the Executive Order is opportune as stakeholders can comment on the proposal until December 19, 2023, to ensure it meets business needs and aligns with the Executive Order. We encourage our readers to consider commenting or working with a group that is doing so.[1]

Benefits for Noncitizen Students: The Executive Order also proposes expanding visa renewal programs for F-1 STEM students and J-1 research scholars to simplify the process and eliminate the need for costly and disruptive international travel to renew visas at U.S. consulates outside the U.S. However, adjustments to the J-1 visa’s two-year foreign residence requirement[2] could impose additional challenges, potentially requiring certain scholars to return to their home countries for two years. This could impact long-term staffing and planning for organizations that rely on J-1 visa holders.

Timeline Summary

The Executive Order provides an ambitious timeline for the respective federal agencies to take action in support of the immigration related priorities and provisions:

Within 45 Days (December 14, 2023): The Secretary of Labor is mandated to publish a request for information (RFI). This RFI aims to gather public input to identify specific AI and emerging technologies-related occupations, and other sectors, lacking sufficient U.S. workers.

Within 90 Days (January 28, 2024): The Secretary of State and the Secretary of Homeland Security are required to take steps to streamline visa processing times. This includes ensuring timely visa appointments for noncitizens working or researching in AI or related technologies. They must also ensure a sufficient volume of visa appointments for individuals with expertise in these critical areas.

Within 120 Days (February 27, 2024): The Secretary of State should consider new criteria for designating skills and countries on the Exchange Visitor Skills List, particularly focusing on skills critical to the U.S.This includes consideration for publishing updates to the 2009 Revised Exchange Visitor Skills List and implementing a domestic visa renewal program under 22 C.F.R. 41.111(b). This aims to assist qualified applicants, especially those skilled in AI and emerging technologies, in continuing their work in the U.S. without interruption.

Within 180 Days (April 27, 2024): The Secretary of State is expected to propose expanding nonimmigrant categories eligible for domestic visa renewal, including J-1 research scholars and F-1 STEM students.A program should be established to identify and attract global talent in AI and other technologies, with a focus on informing them about U.S. research and employment opportunities, including visa options and potential expedited visa processing.

Within 180 Days (April 27, 2024): The Secretary of Homeland Security is tasked with reviewing and initiating necessary policy changes to clarify and modernize immigration pathways. This includes pathways for experts in AI and emerging technologies under various visa categories like O-1A, EB-1, and EB-2.

The Secretary must continue the process of modernizing the H-1B program and consider rulemaking to enhance the adjustment process for lawful permanent residency for noncitizens and their families in these technology sectors.

More broadly our Seyfarth partners drafted a fantastic overview of the EO, discussing issues that were identified as being of particular interest to employers President Biden Signs Executive Order Setting Forth Broad Directives for Artificial Intelligence Regulation and Enforcement.  The overview suggests that the EO outlines a “comprehensive government wide approach,” emphasizing not just national security and public health but also broad government involvement in AI development and usage. The overview also discusses calls for action across multiple departments and agencies, balancing the benefits of AI with associated risks. The employer issues were identified as:

  1. Civil Rights and AI Enforcement Coordination
  2. Focus on Labor and Worker Protections
  3. Guidance for Federal Contractors on AI in Hiring
  4. Federal Government’s Approach to AI Risk
  5. NIST’s Role and Security Testing of AI

Potential Challenges and Aspirations

While these policy changes offer promise, many are still in the proposal stage and require rulemaking to be enacted. The Executive Order largely sets a direction for potential changes, with actual implementation depending on future regulatory actions. Additionally, in the context of immigration, the effectiveness of these changes in attracting AI and emerging technologies talent may be limited by broader systemic issues like visa backlogs and caps, especially for applicants from over-represented countries who are forced to wait patiently “in a legal line” for years to obtain residency.

A Step Forward with Room for Legislative Action

The Executive Order on AI signifies a proactive step towards enhancing the U.S.’s role in AI development and attracting global talent. However, its full impact will depend on the implementation of these proposals and the broader context of U.S. immigration policy. While these changes are promising, meaningful reform in this area ultimately requires action on the part of the administration and Congress, highlighting the need for a comprehensive approach to immigration reform to truly harness the potential of global AI expertise.

[1] Our Government Relations and Policy Group, led by former USCIS Director Leon Rodriguez can assist with comment drafting.

[2] The J-1 visa program, often used by research scholars, has a condition known as the “two-year home country physical presence requirement.” Essentially, it mandates that certain J-1 visa holders must return to their home country for at least two years after their visa expires. This requirement is designed to ensure that the skills and experience gained in the U.S. are utilized in their home country.

By: Rachel V. SeeAnnette Tyman, and Joseph R. Vele

Seyfarth synopsis: President Biden’s Executive Order on artificial intelligence sets forth his vision for America to continue leading in AI innovation while also addressing risks associated with the use of AI. While much of the document delves into cutting-edge safety issues with national security implications, there are many provisions in the EO that have broad ramifications for companies generally, and employers specifically. The Order mandates greater coordination by civil-rights agencies on AI issues, emphasizes worker protections, and instructs the Department of Labor to guide federal contractors regarding AI-driven hiring practices. It marks the strategic emphasis on the government’s internal standards for AI governance and AI risk management, and towards articulating and implementing “required minimum risk-management practices” for AI applications that “impact people’s rights or safety.” The Executive Order’s emphasis on security assessments of AI systems are also set to influence AI risk management and safety dialogues across various sectors, all with significant implications in the labor and employment domain.

Continue Reading President Biden Signs Executive Order Setting Forth Broad Directives for Artificial Intelligence Regulation and Enforcement

By: Jake Campbell, Weija (Victoria) Ma, and Jason Burritt

Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration:

1. Government Shutdown Avoided – For Now

On September 30, 2023, Congress passed a stopgap bill to keep the government running for another 45 days. For more information on potential impacts if the government were to shutdown, please see our legal alert–Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employeeshere.

Continue Reading October 2023 U.S. Immigration Alert

By: Weijia (Victoria) Ma, Jake Campbell, Michelle Gergerian

Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration:

1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form

On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices. Instead of calling the USCIS Contact Center, individuals can use the online appointment request form to request an in-person appointment at a field office for ADIT stamps, Emergency Advance Parole, and more. However, it is important to note that the requested date and time cannot be guaranteed. USCIS will review the online appointment request form and schedule the individual for an in-person appointment date based on the local field office’s availability.

Continue Reading September 2023 U.S. Immigration Alert

By: Steven Brouilliard

The White House recently announced that beginning May 12, 2023, the COVID-19 vaccination requirements for entry to the United States will no longer apply to nonimmigrant international air travelers.  In addition, the Department of Homeland Security announced that it would end the COVID-19 vaccination requirements as of May 12, 2023 for non-U.S. travelers arriving via land ports of entry and ferry terminals to the United States.  Thus, as of May 12, 2023, the U.S. will no longer require nonimmigrants to be vaccinated against COVID-19 to enter the U.S. by land, air, or sea.  This timing coincides with the recently announced end of the COVID-19 Public Health Emergency on May 11, 2023.

Until May 12, 2023, however, nonimmigrants must continue to show proof of vaccination against COVID-19 for entry to the United States.  This announcement does not impact the requirement of COVID-19 vaccination for medical exams (Form I-693) in connection to applications for adjustment of status or immigrant visas.  As of now, the COVID-19 vaccination will still be a required vaccine when applying for permanent residence.

By: Dawn Lurie, Matthew Parker* and Amber Stokes*

On May 4, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced the official sunset date for COVID-19 related Form I-9 physical inspection flexibilities: July 31, 2023. Additionally, ICE advised that employers would have 30 days, or until August 30, 2023, to complete an in-person verification of all employees that were virtually verified since March 2020. Yesterday’s announcement put an end to the speculation of whether the remote policy would run past July, and whether employers would only have three days after the termination of the flexibilities in which to update I-9s. No and No.

Continue Reading Ready or Not: Form I-9 Flexibilities are Winding Down