For early-stage tech employers, rapid business growth can quickly lead to costly employment and immigration law missteps. Risks can be magnified when striving to attract talent. Please listen to the robust and enlightening discussion among Jackson Lewis immigration attorneys Zain Abidi and Benjamin Lau, together with Jackson Lewis employment attorney Doug Klein, here.

The City Council of New York City unanimously passed legislation giving non-U.S. citizens the right to vote in local elections starting on January 9, 2023.

The bill grants this local franchise to 800,000 non-citizens if they are Permanent Residents or have work authorization and have been in residence in the City for at least 30

Senate Parliamentarian Elizabeth MacDonough has ruled for a third time that specific immigration provisions in the Build Back Better Act (BBBA) granting parole and work authorization to unauthorized aliens who entered the United States before January 1, 2011, cannot be included in the reconciliation bill because the policy changes outweigh the budgetary impact.

Unless Senate

ICE has announced it will extend I-9 flexibility until April 30, 2022, due to continuing precautions related to COVID-19.

The guidance remains the same:

  • Employees who work exclusively in a remote setting due to COVID-19 continue to be temporarily exempt from the in-person requirements associated with Form I-9 Employment Eligibility Verification, until they start working

Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas, USCIS is making major policy changes. Going forward, certain H-4 spouses with pending EAD applications will be entitled to 180-day automatic extensions of their EAD cards and L-2

Efforts to pass “Dreamers” bills that would provide a pathway to citizenship for Deferred Action for Childhood Arrivals (DACA) recipients have remained stagnant. In an effort to stabilize the DACA program, absent congressional action, the Department of Homeland Security (DHS) has published a proposed federal regulation announcing its intent to codify the DACA program.

The

Instructions allowing Hong Kong Deferred Enforced Departure (DED) beneficiaries to apply for employment authorization have been published in the Federal Register.

On August 5, 2021, President Biden granted DED for certain eligible residents of Hong Kong for 18 months, until February 5, 2023, and directed that instructions on how to apply for employment authorization

Reacting to a ruling from a federal district court judge in Texas, the Biden Administration proposed a new DACA (Deferred Action for Childhood Arrivals) rule that would strengthen protections for the “Dreamers.”

DACA has been under attack since 2017, when the Trump Administration announced it would terminate the program. Litigation has prevented that from happening,

The Department of Homeland Security has issued a notice extending Employment Authorization Documents (EADs) for Temporary Protected Status (TPS) beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan through December 31, 2022.

The automatic extension is intended to ensure continued compliance with preliminary injunction orders that have been entered in the various cases challenging

Illinois has amended the Illinois Human Rights Act to make “work authorization status” a protected category.

The amendment, Public Act 102-0233, became effective immediately upon the governor’s signing in early-August.

Under the amendment, “work authorization status” is defined as the status of a person born outside of the United States, and not a U.S.