The Trump administration is one step closer to unveiling a major change in how H-1B visas are allocated. On August 8, the White House’s Office of Information and Regulatory Affairs (OIRA) signed off on a proposed rule that could significantly reshape the selection process for specialty occupation workers.
While the
Continue Reading H-1B Visa Rule Moves Closer to Release: Wage-Based Selection LikelyUnder U.S. customs and international laws,1 border agents have the legal authority to inspect, search, or detain any person, luggage, or merchandise coming into or leaving the country. And yes, that includes your electronic devices like phones, tablets, and laptops. While searches of digital devices are still relatively rare
Continue Reading Crossing Back Into the U.S.? Expect Eyes on Your DevicesWednesday, April 16, 2025
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There is no cost to attend, however, registration is required.
Join Seyfarth’s Immigration and Compliance Enforcement
Continue Reading Upcoming Webinar: Compliance Chatter Virtual Meetings, April Session
Recent Changes to Submission Requirements
As of December 2, 2024, USCIS has updated its policy to require that Form I-693, Report of Immigration Medical Examination and Vaccination Record, be submitted along with Form I-485, which is the Application to Register Permanent Residence or Adjust Status. Previously, applicants could submit the
Continue Reading Navigating the Medical Examination Requirement for Form I-485: A Comprehensive Guide
Additional contributing author: Isabella Cohen
Seyfarth Synopsis: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the “Keeping Families Together” process for certain noncitizen spouses and stepchildren of U.S. citizens. “Keeping Families Together” enables noncitizen spouses and stepchildren of U.S. citizens to apply for lawful
Continue Reading New DHS Parole Policy for Long-Term Undocumented Spouses, StepchildrenThe trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one entitled, “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (“EO” or “Executive Order”). The new EO focuses on federal contractors (and their subcontractors) who employ H-1B and other nonimmigrant foreign workers. While the Executive Order itself imposes no new entry or other immigration restrictions, it instructs the Department of Labor (“DOL”), Department of Homeland Security (“DHS”), and other agencies and departments to take steps that undoubtedly will lay the groundwork to limit H-1B employment in the near future.
Continue Reading Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted
On May 29, 2019, forty-seven members of Congress wrote a letter to Attorney General Bob Barr and Acting Secretary of Homeland Security Kevin McAleenan registering their disagreement with the application of USCIS policy guidance to those who have been employed in the legal cannabis industry.
The letter’s signatories, led by
Continue Reading Too Natural for Naturalization: An Update
Seyfarth Synopsis: As a number of states and the District of Columbia have moved to permit possession, use and sale of marijuana for both medicinal and recreational purposes and the business of legalized cannabis distribution has grown exponentially, federal law banning such activity remains unchanged. Deeming the trend in state law irrelevant, federal immigration authorities have in fact moved in the opposite direction. Last month, on April 19, US Citizenship and Immigration Services announced policy guidance “to clarify that violations of federal controlled substance law, including violations involving marijuana, are generally a bar to establishing good moral character for naturalization, even where that conduct would not be an offense under state law.”
Continue Reading Too Natural for Naturalization: Even Decriminalized Marijuana Can be a Bar to US Citizenship
Seyfarth Synopsis: On Friday, March 22, 2019, Seyfarth Shaw’s Immigration Compliance and Enforcement Group invites you to join the first webinar in our new Compliance Chatter Series: Inside E-Verify
While, following the federal government shutdown, E-Verify has returned to a modicum of normality, increasing audits and other government oversight
Continue Reading Upcoming Webinar: Compliance Chatter Series Part 1: Inside E-Verify
Seyfarth Synopsis: As the Department of Homeland Security, as well as the administration generally, signals increases in immigration enforcement activity, businesses are advised to implement clear protocols for the conduct of key personnel in the event of a visit by a federal officer, particularly Special Agents of the Department of Homeland Security, Immigration and Customs Enforcement (“ICE”). This guidance identifies the likely purposes of an ICE visit and sets forth critical steps for key personnel should such a visit occur. Businesses are advised to work with legal counsel to tailor this general guidance to their specific industry and business processes.
In light of the Trump Administration’s promises of increased immigration enforcement, employers and employees are growing more concerned about the prospect of government worksite visits either to effectuate arrests or to conduct investigations and audits. To be clear, the Department of Homeland Security’s (“DHS”) Immigration and Customs Enforcement (“ICE”) agency has clarified that there has been no directive to initiate worksite enforcement (aka raids) against employers. Notwithstanding, it does appear that recent ICE arrests have swept not only individuals either alleged to have committed a crime or for whom an immigration warrant is outstanding, but also others accompanying the intended arrestee who are found to lack legal status in the U.S.
In addition to arrests, other investigative and audit activity looms on the horizon. Chatter continues about a possible increase in Form I-9 audits by ICE’s Homeland Security Investigations Unit (HSI), and similar activity by the U.S. Citizenship and Immigration Services Fraud Detection National Security Unit [1] as well as it’s E-Verify Monitoring and Compliance branch [2]. Additionally, the Department of Justice’s newly named Employee and Immigrant Rights Office (legacy Office of Special Counsel), will continue to pursue investigations into citizenship, national origin discrimination and document abuse matters. This Alert focuses on a visit by the folks at HSI, a separate Alert will be focused on USCIS site visits and investigative visits by other agencies.Continue Reading Quick Guidance: What To Do In The Event of a Visit By The DHS-ICE Agents