U.S. Immigration and Customs Enforcement (ICE) has announced that employers will have 30 days to comply with Form I-9 employment eligibility verification physical document examination requirements when COVID-19 flexibility sunsets on July 31, 2023.

This answers two pressing questions employers and attorneys have been asking: 

  • Will the temporary I-9 flexibility be extended again beyond July

Customs and Border Protection (CBP) has been implementing “Simplified Arrival” at all airports, seaports, and most ports of entry since early 2022. The purpose is to secure and streamline the entry process. But the elimination of paper documentation is raising issues for foreign nationals.

One outcome of Simplified Arrival implementation is that CBP no longer

Lawful permanent residents may receive temporary evidence of their lawful permanent resident (LPR) status by mail, rather than physically visiting a field office, USCIS has announced.

LPRs eligible for delivery of temporary evidence of status will be mailed a Form I-94 with ADIT stamp, DHS seal, and a printed photo of the LPR obtained

The H-1B cap season for Fiscal Year 2024 is fast approaching.  USCIS announced on January 27th that cap registration begins on March 1st. Employers should assess their hiring needs and determine if they will sponsor foreign workers for H-1B classification this year. Now is the time to begin preparing.

The H-1B visa

Starting on Jan. 5, 2023, COVID-19 travel restrictions are back for those travelling to the United States from China, Hong Kong, or Macau. Individuals will have to show evidence of a negative COVID-19 test or of recovery from COVID-19.

Restrictions will apply to everyone over the age of 2 boarding a flight from China, Hong

Prior to 2021, collegiate student-athletes were not able to make sponsorship deals and profit from their names, images, and likenesses (NILs). However, in 2021, that changed when the NCAA adopted a new policy allowing student-athletes (those headed for professional teams, as well as less prominent players) to profit from, and build their brands, while in

USCIS has announced that Ukrainian and Afghan parolees with certain classes of admission are employment authorized incident to status which means they can begin working without an EAD.

Covered individuals include:

  • Afghan parolees and qualifying family members with an unexpired Form I-94, Arrival/Departure record, with a class of admission “OAR”
  • Ukrainian parolees and qualifying family

The Department of Homeland Security (DHS) will continue Form I-9 flexibility for another nine months until July 31, 2023, according to an announcement. DHS guidance remains the same. Employees who, due to COVID-19 policies, do not report to a physical location on a regular, consistent, or predictable basis continue to be temporarily exempt

In Washington Alliance of Technical Workers v. DHS (WashTech), the D.C. Circuit held that optional practical training programs (OPT) that allow students on the nonimmigrant F-1 visa to work in the United States for up to three years following their graduation are valid. This decision comes after eight years of litigation.

In 2014, WashTech