Treats from USCIS to LPRs: Green Card Validity Extension
Big Immigration Law Blog
by Seyfarth Shaw LLP
1M ago
By: Dawn Lurie, Matthew Parker* and Amber Stokes* As U.S. Citizenship and Immigration Services (“USCIS”) continues to deal with their backlogs, they have announced that, effective September 26, 2022, USCIS is automatically extending the validity of expired Forms I-551, Permanent Resident Card ( or “PRC”), commonly known as a Green Cards, for lawful permanent residents (or “LPRs”) who properly file a Form I-90, Application to Replace Permanent Resident Card. This extension will now extend the validity of an expired green card for 24 months from the expiration date of the green card. In June of ..read more
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The End is Near: COVID-19 List B Document Temporary Policy Ends
Big Immigration Law Blog
by Seyfarth Shaw LLP
4M ago
By: Dawn Lurie, Matthew Parker, and Amber Olson On July 22, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a reminder regarding the Department of Homeland Security’s (DHS) termination of the COVID-19 temporary policy allowing employers to accept expired List B documents for the Form I-9. As of May 1, 2022, employers must only accept unexpired List B documents. As discussed in previous blogs, DHS adopted a temporary policy at the onset of COVID-19 in 2020 to allow expired List B documents to be accepted for Form I-9 purposes in response to the many difficulties individuals exper ..read more
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Opening the Door to Adjustment of Status with New TPS Travel Authorization Policy
Big Immigration Law Blog
by Seyfarth Shaw LLP
5M ago
By: Dawn Lurie, Leon Rodriguez, Angelo Paparelli, and Zachary Blas Perez Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) has announced an important policy change that will benefit noncitizens holding Temporary Protected Status (TPS). The new policy permits USCIS to issue a new TPS travel authorization document, amending the previous mechanism required for TPS to receive foreign travel permission.  This policy change is significant because  noncitizens who enter on this new TPS travel authorization will now be considered as “inspected and admit ..read more
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Webinar: Special Delivery – Unwelcome Outreach from the Government: Part 1: Love Letters From E-Verify – Complexities and Nuances
Big Immigration Law Blog
by Seyfarth Shaw LLP
5M ago
Tuesday, June 28, 2022 2:00 p.m. to 3:00 p.m. Eastern 1:00 p.m. to 2:00 p.m. Central 12:00 p.m. to 1:00 p.m. Mountain 11:00 a.m. to 12:00 p.m. Pacific Please join Seyfarth’s Immigration Compliance and Enforcement Team as they launch a four-part series focused on critical challenges faced by employers in the current era of more frequent immigration focused audits and investigations. Employers already know that compliance with rapidly changing I-9 and E-Verify directives from the government is complex and challenging. Couple this with new agreements between agencies to provide access and share i ..read more
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Challenging Unlawful Demands and Site Visits of USCIS’ Fraud Detection and National Security Directorate (FDNS)
Big Immigration Law Blog
by Seyfarth Shaw LLP
6M ago
By: Angelo A. Paparelli  [1] Seyfarth Summary: In 2004, U.S. Citizenship and Immigration Services (USCIS) – an agency in the U.S. Department of Homeland Security (DHS) – created its Fraud Detection and National Security (FDNS) Directorate.  Since then, FDNS’s immigration officers have frequently appeared, without prior notice, at the business premises of employers that have petitioned USCIS to authorize the employment of noncitizens on U.S. work visas.  USCIS and FDNS describe these encounters as mere “site visit” intended to confirm the facts stated in employment-based nonimmig ..read more
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540 is the new 180: Employment Authorization Document Extensions
Big Immigration Law Blog
by Seyfarth Shaw LLP
7M ago
By: Dawn Lurie and Matthew Parker* Seyfarth Synopsis: On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an increase to the automatic extension period for certain Employment Authorization Documents (EADs) from 180 days to 540 days. This Temporary Final Rule (TFR) was published on May 4, 2022, will go into effect immediately, and is valid through October 15, 2025. USCIS is soliciting comments on the TFR that must be submitted on or before July 5, 2022.    TFR Overview The new TFR, effective immediately on May 4, 2022, and valid through October 15, 2 ..read more
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Trick or Treat: I-9 Flexibilities Extended until October 31, 2022
Big Immigration Law Blog
by Seyfarth Shaw LLP
8M ago
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 th ..read more
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New Guidance on E and L Spouse Work Authorization as List C Document
Big Immigration Law Blog
by Seyfarth Shaw LLP
9M ago
By: Dawn M. Lurie and Zachary Blas Perez  Seyfarth Synopsis: USCIS issued long-awaited guidance on how employers should treat certain E and L spouses’ work authorization based on their status when completing the Form I-9. USCIS also confirmed that it will mail updated notices to E and L spouses, who previously received an I-797 approval notice, that can be treated as proof of work authorization. On March 18, 2022, the United States Citizenship and Immigration Services (USCIS) formalized updated policy guidance on documentation that certain E and L dependent spous ..read more
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Early Holiday Present From ICE: I-9 Flexibilities Extended to April 30, 2022
Big Immigration Law Blog
by Seyfarth Shaw LLP
1y ago
By: Dawn M. Lurie Seyfarth Synopsis: ICE announces an extension to I-9 compliance flexibility rules relating to Form I-9 compliance that was initially granted in March of 2020 at the onset of COVID-19.  It continues to allow 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, as doing so will no longer trigger the in-person requirement for all new hires.  While the government is also warming to the idea of a permanent virtual option, employers s ..read more
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Processing Delays Create Need to Extend Validity of Certain Expired Green Cards
Big Immigration Law Blog
by Seyfarth Shaw LLP
1y ago
By: Dawn M. Lurie and Zachary Perez In response to continued lengthy processing delays, the United States Citizenship and Immigration Services (USCIS) posted guidance in early September offering an extension to the time certain processing receipts (Form I-797) may be used as evidence of lawful status, for conditional permanent residents that have pending applications. Conditional permanent resident status is granted for a two-year period of time to individuals that received their status through marrying a U.S. citizen, or through job creation and investment via the EB-5 program. Dependent chil ..read more
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