I-9 and E-Verify

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The Department of Homeland Security has published a final rule replacing the long-standing “duration of status” (D/S) framework for F-1 academic students and J-1 exchange visitors with fixed periods of admission. Effective Sept. 15, 2026, the rule also establishes a new extension of stay process administered by USCIS for individuals who need additional time to…

  • Federal courts have temporarily blocked or postponed TPS terminations for, Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria and Yemen that were scheduled to end between November 2025 and May 2026.
  • TPS beneficiaries from these countries retain legal status and work authorization, for now.
  • Employers should review affected Form I-9s and complete Supplement B reverification,
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  • Colorado’s new HB26-1283 prohibits employers from confiscating or improperly retaining government-issued identification documents, subject to limited statutory exceptions.
  • The law does not change employers’ federal Form I-9 obligations, but it does require Colorado employers to provide a written notice and obtain a written acknowledgement during the I-9 process.
  • Employers should review onboarding, I-9, and
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  • USCIS and E-Verify have issued updated employer guidance for TPS beneficiaries from Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria and Yemen.
  • For all seven countries, employers should use July 10, 2026, as the current date for Form I-9 and E-Verify purposes.
  • Employers should not assume July 10 marks the automatic end of TPS-based employment
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In today’s landmark Trump v. Barbara decision, the U.S. Supreme Court held that children born in the United States are citizens at birth regardless of whether their parents are present in the country unlawfully or temporarily. The Court concluded that Executive Order 14160 violates the Citizenship Clause of the Fourteenth Amendment and therefore cannot be…

Takeaways

  • DHS rule cleared by the White House and would replace the long-standing “duration of status” (D/S) framework with fixed admission periods.
  • Extension filings and increased government oversight may create additional administrative burdens and uncertainty for visa holders.
  • The proposal has not been finalized, and the current D/S system remains in effect.

A proposed Department…

  • The U.S. Supreme Court reversed preliminary injunctions preventing DHS from implementing the termination of Temporary Protected Status (TPS) for Haiti and Syria.
  • The Court held that the TPS statute bars judicial review of most nonconstitutional challenges to TPS designation and termination decisions.
  • However, the decision itself does not terminate employment authorization or establish new
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  • A federal district court has vacated USCIS policies that paused adjudication of immigration benefit requests filed by nationals of 39 countries.
  • The court ruling could allow affected adjustment of status, employment authorization, naturalization, and certain asylum-related applications to proceed.
  • The government is expected to consider appellate options, and employers should continue to monitor developments.
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Immigration and Customs Enforcement (ICE) has updated its Form I‑9 Inspection guidance, changing how the agency classifies certain Form I‑9 errors during employer audits.

Although the underlying Form I‑9 requirements remain the same, several errors that were considered “technical or procedural” are now treated as “substantive,” which may result in penalties without an opportunity…