By: Dawn Lurie, Owen Wolfe, and Alexander Madrak
In a move that underscores the volatility of immigration policy under judicial review, the U.S. Supreme Court has once again intervened in the ongoing litigation surrounding the 2023 Temporary Protected Status (TPS) designation for Venezuela. On October 3, 2025, based
Continue Reading TPS Venezuela: A Legal Whiplash with Real-World ConsequencesBy: Dawn Lurie, Mia Batista, and Fanny Wong
On January 20, 2025, the Trump administration issued the Securing Our Borders executive order, citing national security, crime prevention, and the protection of American interests as justification for terminating categorical parole programs for certain Cubans, Haitians, Nicaraguans, and Venezuelans. Then
Continue Reading Venezuelan 2023 TPS and CHNV Parole Get the Axe—What Employers Need to KnowThe message for 2025 is clear: compliance is not optional, and preparation is essential. Review your policies, automate, and innovate where possible, train your staff, develop job aids, and strengthen your compliance program. And remember—while there’s no need to panic, ICE won’t send you a calendar reminder before their visit.
Continue Reading Act Now, Don’t Panic Later. Dress Warmly for ICE
An all too familiar countdown once again as we wait to hear the fate of the latest temporary extension to continue funding the government after midnight on Friday, December 20th. Employers should be aware that a shutdown will likely impact processing of immigration cases.
During a shutdown, all but “essential”
Continue Reading Here We Go Again? Government Shutdown and Impacts on ImmigrationBy: Weijia (Victoria) Ma, Jake Campbell, Michelle Gergerian
Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration:
1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form
On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices. Instead of calling the USCIS Contact Center, individuals can use the online appointment request form to request an in-person appointment at a field office for ADIT stamps, Emergency Advance Parole, and more. However, it is important to note that the requested date and time cannot be guaranteed. USCIS will review the online appointment request form and schedule the individual for an in-person appointment date based on the local field office’s availability.Continue Reading September 2023 U.S. Immigration Alert
By: Dawn M. Lurie
Seyfarth Synopsis: On April 25, ICE announced its 13th extension, this time for a six-month period (until October 31, 2022), of the I-9 compliance flexibility rules relating to Form I-9. There is no substantive change in this extension of the policy, allowing for the “in-person” exemption (of identity and work authorization document review), benefiting certain employees and offering flexibility for companies that are phasing back in employees. While we are confident that the government is considering a permanent virtual option, we continue to advise employers to work under the assumption that anyone initially verified using the virtual flexibility will be required to conduct an in-person update as employees return to the workplace, especially in cases where identity was not verified (i.e. those that used the fax/email option).
Lucky #13 – Extension of the COVID I-9 Flexibility
In a thirteenth extension, ending on Halloween 2022, U.S. Immigration and Customs Enforcement (ICE) posted an unprecedented (it’s been a while since I said that word) six (6) month extension of the flexibilities in rules related to Form I-9 compliance, initially granted in March 2020. These flexibilities are now extended until October 31, 2022. The posting on the website is a bit confusing, as it just updates the December 2021 announcement, and includes an alert attached to the top of the page which indicates the new deadline.
ICE’s announcement affirms that employers who are taking COVID-19 related precautions and offering working in remote or hybrid environments, may continue inspecting I-9 documents virtually for newly hired employees as well as for reverification of work authorizations. See our prior blog for the guidance and discussion on its forward-facing application, noting that ICE will evaluate a company’s situation “on a case-by-case basis” should a company have used virtual without the workforce being 100% remote from March 20, 2020 to March 31, 2021. Given the confusion and lack of guidance surrounding the directive, we remain optimistic that the government will show leniency for early misunderstandings and misapplications of the original policy.Continue Reading Trick or Treat: I-9 Flexibilities Extended until October 31, 2022
By: Dawn M. Lurie
Continue Reading Early Holiday Present From ICE: I-9 Flexibilities Extended to April 30, 2022
Late in the day, on May 26, Immigration and Customs Enforcement (ICE) announced a 90-day extension for remote Form I-9 inspection, allowing flexibilities to continue through August 31, 2021.
While the U.S. appears to have turned a corner in the fight against COVID-19, most companies have yet to formulate and implement back to work policies. Thank you to ICE and US Citizenship and Immigration Services (USCIS), for allowing these employers to head into the holiday weekend without having to worry about the fate of this anticipated extension. And thank you for the 90 days, rather than the shorter 30 or 60-day extensions issued previously.
The Devil is in the Details
It would not be a exciting blog post, if we didn’t have something interesting to point out. The ICE announcement includes two confusing items:
Continue Reading Nothing “new” Other Than a 90 day Extension of Virtual I-9s
Seyfarth Synopsis: The U.S. announced on April 30, 2021 that most travel from India will be restricted effective May 4, 2021, due to rising COVID-19 infections in India.
On April 30, 2021, White House Press Secretary Jen Psaki announced that following advice from the Centers for Disease Control and Prevention
Continue Reading United States Announces Forthcoming Expansion of Travel Restrictions to Include India
On August 18, 2020, Immigration and Customs Enforcement (ICE) announced that employers have an additional 30-day extension to the flexibilities in rules related to Form I-9 compliance. This relaxation of the requirement to defer the in-person, physical inspection of new hires’ identity and employment eligibility documentation was initially granted in March and will now expire on September 19, 2020.
Continue Reading The 2020 Summer Defrost Continues: ICE Extends I-9 Flexibility