On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge which originated in 2015 from Save Jobs USA (“Save Jobs”)

Continue Reading Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

A recent update and clarification from the Department of State (DOS) on waiver eligibility expands opportunities for visa applicants facing difficulties in obtaining visa stamps for entry to the U.S. This clarification, specifically on the “significant public interest” category in the Foreign Affairs Manual (FAM), provides valuable guidance for individuals

Continue Reading Navigating Visa Challenges: DOS Updates on Inadmissibility Waivers

After the Parole in Place Program (“Keeping Families Together”) went into effect on August 19, 2024, sixteen State Attorneys General filed a complaint against the U.S. Department of Homeland Security (“DHS”) et. al. The complaint alleges that the program is unlawful and will cause irreparable harm to the states that

Continue Reading Judge Temporarily Pauses Parole in Place Program for Undocumented Spouses and Stepchildren

Additional contributing author: Isabella Cohen

Seyfarth Synopsis: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the “Keeping Families Together” process for certain noncitizen spouses and stepchildren of U.S. citizens. “Keeping Families Together” enables noncitizen spouses and stepchildren of U.S. citizens to apply for lawful

Continue Reading New DHS Parole Policy for Long-Term Undocumented Spouses, Stepchildren

In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to temporarily hire foreign workers for roles that typically require at least a bachelor’s degree in the

Continue Reading Second USCIS FY 2025 Cap Lottery: A New Opportunity for H-1B Applicants

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

Continue Reading Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

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