An all too familiar countdown once again as we wait to hear the fate of the latest temporary extension to continue funding the government after midnight on Friday, December 20th. Employers should be aware that a shutdown will likely impact processing of immigration cases.

During a shutdown, all but “essential”

Continue Reading Here We Go Again? Government Shutdown and Impacts on Immigration

The Department of Homeland Security (DHS) announced a permanent increase in the automatic extension period for certain Employment Authorization Documents (EADs) up to 540 days. The final rule will take effect on January 13, 2025.

Background on the History of Automatic EAD Extensions

The automatic extension of EADs was

Continue Reading DHS Announces Permanent Increase of Automatic EAD Extensions

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

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

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

Continue Reading U.S. Citizenship and Immigration Services Increases Premium Processing Fees

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

As U.S. Citizenship and Immigration Services (“USCIS”) continues to deal with their backlogs, they have announced that, effective September 26, 2022, USCIS is automatically extending the validity of expired Forms I-551, Permanent Resident Card ( or “PRC”), commonly known as a

Continue Reading Treats from USCIS to LPRs: Green Card Validity Extension

By: Dawn Lurie, Matthew Parker, and Amber Olson

On July 22, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a reminder regarding the Department of Homeland Security’s (DHS) termination of the COVID-19 temporary policy allowing employers to accept expired List B documents for the Form I-9. As of May
Continue Reading The End is Near: COVID-19 List B Document Temporary Policy Ends

By: Dawn LurieLeon Rodriguez, and Zachary Blas Perez

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) has announced an important policy change that will benefit noncitizens holding Temporary Protected Status (TPS). The new policy permits USCIS to issue a new TPS travel authorization document, amending the previous mechanism required for TPS to receive foreign travel permission.  This policy change is significant because  noncitizens who enter on this new TPS travel authorization will now be considered as “inspected and admitted,” and accordingly may qualify for adjustment of status to lawful permanent resident (green card) status with an underlying employment-based or family-based immigrant visa petition.

On July 1, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum: Rescission of Matter of Z-R-Z-C– as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries, announcing a new pathway for persons granted Temporary Protected Status (TPS) to travel outside the United States and be readmitted in a legal status that would allow them, in certain circumstances, to qualify for lawful permanent residency.

This memorandum, written in close consultation with the Department of Homeland Security’s Office of General Counsel (DHS OGC), is an attempt to better harmonize and administer decades of TPS protocols that have been at times inconsistent or infeasible for TPS holders as well as their dependents and other family members.  Just last year, the Supreme Court held, in Sanchez v. Mayorkas, that while a grant of TPS could not be considered an admission, it still constituted a “kind of lawful status” which USCIS has interpreted to make the shortcomings of Matter of Z-R-Z-C- warrant a rescission. (Sanchez v. Mayorkas, 141 S. Ct. 1809 (2021)).

Created by Congress in 1990, TPS is available to eligible noncitizens present in the United States who are nationals of a foreign country that has been designated for temporary protection by the Secretary of Homeland Security.[1]  These countries currently include Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Syria, Somalia, Sudan, South Sudan, Ukraine, Venezuela, and Yemen. All designations of countries for TPS are discretionary, and before any such designation can occur, the DHS Secretary must make a formal finding that conditions in the particular country meet one or more alternative statutory criteria, namely, the presence of ongoing armed conflicts, environmental disasters, or “extraordinary and temporary conditions.”[2]

In general, a noncitizen physically present in the United States who meets the TPS statutory criteria may be granted temporary protection regardless of one’s underlying immigration status and regardless of the lawful or unlawful manner of entry into the country.[3] Broadly, TPS provides protection from removal by DHS, carries with it the inherent right of work authorization incident to TPS status, and allows for the submission to USCIS of an application for advance permission to travel abroad and be readmitted to the US. The USCIS July 1 Policy Memorandum (discussed below) addresses the new process envisioned by the agency for granting pre-departure consent to travel abroad and be readmitted, and explains potential eligibility to qualify for adjustment of status.Continue Reading Opening the Door to Adjustment of Status with New TPS Travel Authorization Policy

By: Dawn M. Lurie

Seyfarth Synopsis: On April 25, ICE announced its 13th extension, this time for a six-month period (until October 31, 2022), of the I-9 compliance flexibility rules relating to Form I-9. There is no substantive change in this extension of the policy, allowing for the “in-person” exemption (of identity and work authorization document review), benefiting certain employees and offering flexibility for companies that are phasing back in employees. While we are confident that the government is considering a permanent virtual option, we continue to advise employers to work under the assumption that anyone initially verified using the virtual flexibility will be required to conduct an in-person update as employees return to the workplace, especially in cases where identity was not verified (i.e. those that used the fax/email option). 

Lucky #13 – Extension of the COVID I-9 Flexibility

In a thirteenth extension, ending on Halloween 2022, U.S. Immigration and Customs Enforcement (ICE) posted an unprecedented (it’s been a while since I said that word) six (6) month extension of the flexibilities in rules related to Form I-9 compliance, initially granted in March 2020. These flexibilities are now extended until October 31, 2022.  The posting on the website is a bit confusing, as it just updates the December 2021 announcement, and includes an alert attached to the top of the page which indicates the new deadline.

ICE’s announcement affirms that employers who are taking COVID-19 related precautions and offering working in remote or hybrid environments, may continue inspecting I-9 documents virtually for newly hired employees as well as for reverification of work authorizations.  See our prior blog for the guidance and discussion on its forward-facing application, noting that ICE will evaluate a company’s situation “on a case-by-case basis” should a company have used virtual without the workforce being 100% remote from March 20, 2020 to March 31, 2021. Given the confusion and lack of guidance surrounding the directive, we remain optimistic that the government will show leniency for early misunderstandings and misapplications of the original policy.Continue Reading Trick or Treat: I-9 Flexibilities Extended until October 31, 2022