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:
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
Responding to the history of legal challenges, the Biden Administration is trying to give the DACA (Deferred Action for Childhood Arrivals) program more heft by changing it from a policy to a regulation. On October 31, 2022, a new final rule will become effective.
To the dismay of many advocates for the “Dreamers,” however, the
For H-1B visas, employers have been hoping there will be another round of selections for FY 2023, but that is not on the horizon.
USCIS has been sending non-selection notices to registrants’ online accounts. USCIS can only send non-selection notices once it has determined that enough petitions for the regular cap and the advanced degree
For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually over video link or by fax or email. That flexibility is set to expire on October 31, 2022. Please see our full legal update
Employers whose employees presented expired List B documents for Form I-9 Employment Eligibility Verification purposes between May 1, 2020, and April 30, 2022, must update Form I-9 with unexpired documents by July 31, 2022.
Since COVID-19 prevented various issuing authorities from renewing documents on time, DHS temporarily instituted a policy allowing employees to present
Some Temporary Protected Status (TPS) holders will once again be able to overcome inadmissibility for adjustment of status purposes by traveling internationally because USCIS is updating its interpretation of MTINA, the Miscellaneous and Technical Immigration and Naturalization Amendment of 1991.
As of July 1, 2022:
The Department of Homeland Security (DHS) is considering making a change which would permanently allow the flexibility it has extended over employers’ verification of employees’ identity and employment eligibility since March 2020.
Historically, Form I-9 has required employers to physically inspect original documentation presented by employees in a face-to-face interaction. Over the years, workforces have
Federal courts could not review the U.S. Attorney General’s decisions denying discretionary relief from removal – even in a case where the alien contends that the decision was based on a factual error, the U.S. Supreme Court has held, 5-4, affirming the opinion of the U.S. Court of Appeals for the Eleventh Circuit. Patel v.