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
US Citizenship and Immigration Services
USCIS Announces Significant Fee Increases Effective on April 1, 2024
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…
October 2023 U.S. Immigration Alert
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 Employees—here.Continue Reading October 2023 U.S. Immigration Alert
September 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
USCIS Expands Premium Processing Eligibility to Certain F-1 Students Seeking OPT or STEM OPT Extensions and Makes Online Filing Available
By: Victoria Ma
Seyfarth Synopsis: In its continued efforts to increase efficiency and reduce burdens to the overall immigration system, U.S. Citizenship and Immigration Services (USCIS) announced the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions.
As…
New Year, New Fees: Proposed USCIS Fee Increases
On January 4, 2023, the United States Citizenship and Immigration Services (USCIS) published a proposed rule to increase fees for most immigration benefit requests. If implemented, employers will pay significantly more for most nonimmigrant and immigrant filings. The fee increases projects to boost revenues by over $4.5 billion providing USCIS with the much-needed resources the…
Treats from USCIS to LPRs: Green Card Validity Extension
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 Green Cards, for lawful permanent…
The End is Near: COVID-19 List B Document Temporary Policy Ends
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 1, 2022, employers must only…
Opening the Door to Adjustment of Status with New TPS Travel Authorization Policy
By: Dawn Lurie, Leon Rodriguez, Angelo Paparelli, 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
Webinar: Special Delivery – Unwelcome Outreach from the Government: Part 1: Love Letters From E-Verify – Complexities and Nuances
Tuesday, June 28, 2022
2:00 p.m. to 3:00 p.m. Eastern
1:00 p.m. to 2:00 p.m. Central
12:00 p.m. to 1:00 p.m. Mountain
11:00 a.m. to 12:00 p.m. Pacific
Please join Seyfarth’s Immigration Compliance and Enforcement Team as they launch a four-part series focused on critical challenges faced by employers in the current era of more…