Immigration and Customs Enforcement (ICE)

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U.S. Immigration and Customs Enforcement (ICE) has announced that students in F-1 or M-1 nonimmigrant status will not be able to remain in or enter the United States if they are taking only online courses during the upcoming fall semester. This is a last-minute change from the flexibility that students were given this past spring…

Immigration and Customs Enforcement (ICE) continues to push forward a proposed rule that would set a maximum period of authorized stay for students. Although the details of the rule are unknown, the draft reportedly has been sent to the federal budget office for review. This is generally the last step before a new rule…

The Department of Homeland Security (DHS) once again is extending its flexibility regarding the physical presence requirements for I-9 inspection for another 30 days until July 19, 2020, due to the ongoing precautions related to the COVID-19 pandemic.

Eligible employers may continue to inspect Section 2 documents remotely (e.g., over video link, fax,…

As businesses begin to reopen after shutdowns to help stop the spread of the COVID-19 pandemic, employers should anticipate heightened scrutiny by USCIS, ICE, and the Departments of Labor and Justice regarding wage and hour and immigration requirements.

The current surge in worksite enforcement is expected to result in as many as 10,000 I-9 audits…

ICE has announced that its flexibility regarding the physical presence requirements for I-9 inspection will be extended for another 30 days, until June 18, 2020 due to continued COVID-19 precautions. The terms and details of this flexibility remain the same.

Basically, eligible employers may continue to inspect Section 2 documents remotely (e.g., over video…

The updated M-274, Handbook for Employers: Guidance for Completing Form I-9, from USCIS offers some interesting substantive clarifications and developments.

Changes to match the most recent Form I-9 revisions include:

  1. Section 2.0 clarifies that any person can serve as an authorized representative of the employer to complete, update, or make corrections to Section 2

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On April 23, 2020, at 11:59 p.m., President Donald Trump’s new proclamation limiting immigrant visa applications from foreign nationals living abroad became effective. That proclamation is hardly the only way the Administration is limiting immigration. Other restrictions on individuals include travel bans, the suspension of visa services, enhanced scrutiny of nonimmigrant visa petitions,…

New York Attorney General Letitia James is suing the U.S. Department of Homeland Security (DHS) in federal court (State of New York v. Wolf et al, 1:20-cv-01127) over its new policy prohibiting New Yorkers from registering or re-registering for various Trusted Traveler Programs.

New York residents were singled out by the Trump…

Continuing the Administration’s high scrutiny of businesses using foreign workers, including highly skilled visas, the Department of Homeland Security has announced that it will be conducting inspections of employers employing F-1 students using STEM Optional Practical Training to work. Under the STEM regulations, ICE has the discretion to conduct on-site inspections. Reportedly, it has…