By Steven R. Brouillard and Victoria Ma
Seyfarth Synopsis: On January 12, 2023, USCIS announced the final phase of premium processing expansion for EB-1 Multinational Executive and Manager and EB-2 National Interest Waiver (NIW) Form I-140 Petitions, as well as steps to expand premium processing for certain I-765 and I-539
Continue Reading USCIS Implements Final Phase of Premium Processing For Multinational Executive/Manager and National Interest Waiver Immigrant Visa PetitionsOn 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
Continue Reading New Year, New Fees: Proposed USCIS Fee IncreasesBy: 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 ExtensionSeyfarth Summary: In 2004, U.S. Citizenship and Immigration Services (USCIS) – an agency in the U.S. Department of Homeland Security (DHS) – created its Fraud Detection and National Security (FDNS) Directorate. Since then, FDNS’s immigration officers have frequently appeared, without prior notice, at the business premises of employers that have petitioned USCIS to authorize the employment of noncitizens on U.S. work visas. USCIS and FDNS describe these encounters as mere “site visit” intended to confirm the facts stated in employment-based nonimmigrant visa petitions. As part of its “site visit” program, FDNS typically asks for voluminous documentary records, and demands physical access beyond the employer’s front desk in order to photograph the worksite.
This blog post challenges FDNS site visits as unlawful investigative activities that are conducted in violation of the Homeland Security Act of 2002 (HSA). The HSA contains an express prohibition limiting the legal authority of USCIS solely to the “adjudication” of requests for immigration benefits, such as work and travel permission, lawful permanent residency and naturalization. Investigative activities and intelligence gathering under the HSA, the blog post explains, may only be conducted by two other DHS component agencies – U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.
The blog post therefore offers guidance to employers on practical strategies to consider when FDNS knocks at the door.
By: Dawn Lurie and Matthew Parker*
Seyfarth Synopsis: On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an increase to the automatic extension period for certain Employment Authorization Documents (EADs) from 180 days to 540 days. This Temporary Final Rule (TFR) was published on May 4, 2022, will
Continue Reading 540 is the new 180: Employment Authorization Document Extensions
By: Dawn M. Lurie and Zachary Blas Perez
Seyfarth Synopsis: USCIS issued long-awaited guidance on how employers should treat certain E and L spouses’ work authorization based on their status when completing the Form I-9. USCIS also confirmed that it will mail updated notices to E and L spouses,
Continue Reading New Guidance on E and L Spouse Work Authorization as List C Document
By: Dawn M. Lurie
On June 9, 2021 U.S. Citizenship and Immigration Services (USCIS) advised the public about its recent updates to the USCIS Policy Manual. Specifically, the USCIS updates:
Continue Reading Moving in the Right Direction: USCIS Issues Updated Policy Manual Guidance
On June 1, 2021, President Biden heralded the 30 days when Spring transitions into Summer as “National Immigrant Heritage Month,” by issuing a Proclamation that paid homage to immigrants’ contributions past, and offered lofty, aspirational goals:
In every era, immigrant innovators, workers, entrepreneurs, and community leaders
Late in the day, on May 26, Immigration and Customs Enforcement (ICE) announced a 90-day extension for remote Form I-9 inspection, allowing flexibilities to continue through August 31, 2021.
While the U.S. appears to have turned a corner in the fight against COVID-19, most companies have yet to formulate and implement back to work policies. Thank you to ICE and US Citizenship and Immigration Services (USCIS), for allowing these employers to head into the holiday weekend without having to worry about the fate of this anticipated extension. And thank you for the 90 days, rather than the shorter 30 or 60-day extensions issued previously.
The Devil is in the Details
It would not be a exciting blog post, if we didn’t have something interesting to point out. The ICE announcement includes two confusing items:
Continue Reading Nothing “new” Other Than a 90 day Extension of Virtual I-9s
Seyfarth Synopsis: This is the fourth installment in a series of recommendations to the Biden Administration on immigration reform previously published by the Cato Institute in “Deregulating Legal Immigration: A Blueprint for Agency Action.” Read the first, second, and third installments here. A total of five installments will be published. Please stay tuned for the final update.
Prohibit Regulatory Actions on USCIS Forms
USCIS should amend its regulations to stop automatically incorporating all form instruction changes into its regulations, bypassing notice and public comment procedures.
USCIS requires employers and applicants for immigration benefits to use forms that it creates to collect information.[i] Along with these forms, USCIS publishes detailed instructions that explain to applicants how they must fill out the form and the types of information or evidence that must be provided. USCIS’s regulations currently assert that all form instruction changes are incorporated into the regulations themselves.[ii] The clause allows the agency to evade a slew of federal statutes and presidential directives including the Administrative Procedure Act (APA), the Regulatory Flexibility Act, Executive Orders 12866 and 13563, and OMB Circular A-4.[iii] It allows the agency to effectively change its regulations with only minimal notice under the Paperwork Reduction Act.
Continue Reading Prohibit Regulatory Actions on USCIS Forms
