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Immigration - General

Articles Discussing General Topics In Employing Immigrants.

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Settlement Requiring Near-Contemporaneous Adjudication of Properly Bundled Forms I-539 and I-765 to Sunset in January 2025

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) may no longer be simultaneously adjudicating dependent status and work permit applications after January 18, 2025.

What U.S. Travelers to UK Need to Know About UK’s Electronic Travel Authorisation (ETA)

Jackson Lewis P.C.·

Americans traveling to the UK as tourists or business visitors are generally visa-exempt. Starting on Jan. 8, 2025, visa-exempt Americans traveling to the

Hiring the Future: Navigating New Immigration Policies for AI and STEM Talent

Jackson Lewis P.C.·

United States technology employers increasingly look to add skilled AI talent to their ranks, including J-1 research scholars and F-1 STEM students. For organizations who do, it’s crucial to consider recent United States Citizenship and Immigration Services policy changes and upcoming regulations wh

USCIS Has Introduced E-Verify+ — What Is It?

Littler·

E-Verify+ is a new voluntary employee verification process that allows employees to complete their Forms I-9 through E-Verify. The process has benefits and detriments, so employers invited to participate in the program should discuss E-Verify+ with their immigration counsel to determine whether it i

A Conversation with Attorney David Garrett

Maynard Nexsen·

Immigration attorney David Garrett shares how his practice centers on both helping international companies grow in the United States as well as helping American companies access top talent in the foreign labor market.

Is Exception to Warrantless Searches at Border Changing for Electronic Devices?

Jackson Lewis P.C.·

U.S. law has long provided a border search exception to the Fourth Amendment warrant or probable cause requirement, allowing federal agents to search people, and their electronic devices, at border crossings without a warrant or probable cause. The scope of the exception may be narrowing under incre

USCIS Clarifies Criteria for Expedite Requests: Key Changes for 2024

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) recently published updated guidance clarifying its expedite request criteria. The latest changes primarily focus on expedite requests related to government interests and travel-related requests for planned or unplanned events. The revisions also prov

USCIS Updates Policy Manual to Clarify Types of Evidence That May Be Considered for EB-1A Eligibility

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual, Volume 6, Part F, Chapter 2 , to further clarify the types of evidence that may be used when USCIS determines eligibility for the EB-1A extraordinary ability immigrant visa category.

U.S. Supreme Court to Consider Circuit Split on Voluntary-Departure Deadline

Jackson Lewis P.C.·

Noncitizens present in the United States illegally and facing deportation can request voluntary departure instead of a removal order under certain circumstances. If granted, an individual who follows the court’s directive will not be subject to the usual repercussions of deportation. Indeed, they mi

USCIS Issues New Form I-131, Effective Immediately, With No Grace Period for the Old Edition

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) will publish a new edition of Form I-131, Application for Travel Document, on October 11, 2024, and will not accept the previous version of the form postmarked on or after that date.

Are You Eligible for Passport Renewal Online?

Jackson Lewis P.C.·

In good news, the State Department has announced the roll-out of its new online passport renewal system. Eligible individuals can renew their 10-year passports online without having to mail in any documentation. Be sure to plan ahead if you are using the online service because only routine service i

From Fentanyl to Freon: Customs and Border Protection Seizures

Jackson Lewis P.C.·

Customs and Border Protection (CBP) is an enforcement agency that does much more than deal with immigration. This summer, CBP made the largest fentanyl seizure in its history – approximately 4 million blue fentanyl pills weighing more than 1,000 pounds. The fentanyl was found at the Port of Lukevill

USCIS Announces Automatic 36-Month Extension Provision for Green Card Holders With Pending I-90 applications

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will automatically extend the validity of permanent resident cards (green cards) for lawful permanent residents who have filed Form I-90, Application to Replace Permanent Resident Card , for thirty-six months beyond the green ca

USCIS Improvements Cut Naturalization Processing Time

Jackson Lewis P.C.·

USCIS is processing naturalization cases faster than they have in years, and the agency is managing to cut down on its naturalization backlog. Given the current average timing, eligible green card holders who applied early in the summer 2024 might be sworn in in time to vote in the upcoming

Federal Court Temporarily Stays DHS Approvals of Parole-in-Place Applications Under ‘Keeping Families Together’ Program

Ogletree Deakins·

On August 26, 2024, the U.S. District Court for the Eastern District of Texas issued an administrative stay enjoining the U.S. Department of Homeland Security (DHS) from granting parole-in-place requests under the Biden administration’s “ Keeping Families Together ” initiative for fourteen days. The

OFLC Announces Final Decommission of Permanent Online System and USCIS Offers Guidance for Filing I-140 Using New Form ETA-9089

Ogletree Deakins·

The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced that the legacy iCERT system for the preparation and submission of labor certification applications will be fully decommissioned on December 1, 2024, as part of the DOL’s permanent labor certification (PERM)

What, If Any, Impact Does SEC v. Jarkesy Have on Immigration Compliance and Adjudication?

Littler·

The Supreme Court’s recent decision in SEC v. Jarkesy held that certain Securities and Exchange Commission adjudications must take place in court because defendants are entitled to a jury trial. It will be interesting to see whether the principles of Jarkesy will apply such that complaints initiated

USCIS Completes Second H-1B Registration Lottery for FY 2025

Ogletree Deakins·

On August 5, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed the much-anticipated second round of the annual H-1B registration lottery. USCIS also confirmed that the agency had notified all prospective petitioners with selected registrations from this round th

New Legalization Processes for U.S. Citizen Spouses and Dreamers Will Start on August 19, 2024

Ogletree Deakins·

On June 18, 2024, the White House unveiled two new initiatives to provide a faster path to work authorization for Deferred Action for Childhood Arrivals (DACA) recipients—also called Dreamers—and other undocumented individuals, and to provide a pathway for legal permanent residency for undocumented

Bringing Dogs Into the U.S.? New Regulations Effective Aug. 1

Jackson Lewis P.C.·

Starting on Aug. 1, 2024, Customs and Border Protection (CBP) is simplifying its regulations regarding the entry of dogs into the United States. CBP still wants to be sure that rabies does not “enter” the United States because the entrance of just one dog with the disease can cost