By: Jacob Campbell & Mahsa Aliaskari Recent processing time trends at the U.S. Citizenship and Immigration Service (USCIS) are raising concerns for both Employers and F-1 visa holders relying on automatic extensions of work authorization while awaiting the processing of their F-1 STEM Employment Authorization Document (EAD) extension applications. While USCIS published processing time data reflects that 80% of F-1 EAD applications are processed within 2 months, our observations suggest a notable shift towards longer processing times, ranging from 4 to 6 months. This shift underscores the ..read more

By: Rania Abboud For many highly skilled international workers, securing an H-1B visa in the United States can be elusive. With this year’s lottery results announced, employers find themselves exploring alternative strategies to retain invaluable talent. Among these strategies is the consideration of relocating talent to Canada, where a range of enticing options await. Exploring Canadian Alternatives: LMIA-Exempt Work Permits: Canada offers a variety of LMIA-exempt work permits that could serve as a beneficial alternative for those not selected in the H-1B lottery. Here’s a closer look at two ..read more

By: Rachel V. See and Annette Tyman Seyfarth Synopsis: On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers using or considering using artificial intelligence should pay attention. The guidance makes clear that long-standing nondiscrimination principles fully apply to AI and outlines “Promising Practices” designed to mitigate AI risks in employment, including the risk of unlawful bias from the use of AI. While not a b ..read more

By: Mahsa Aliaskari and Daniela Mayer As noted in our post in February 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule updating the H-1B cap registration process and creating a beneficiary-centric selection process. The rule took effect this year with the FY25 H-1B cap registration period, which ran from March 6, 2024, to March 22, 2024. With the surge in cap lottery submissions since the introduction of online registration in 2020, we’ve witnessed a persistent decline in selection rates for the H-1B cap lottery, as individuals submit multiple registrations to enha ..read more

By: Valerie Salcido, Mahsa Aliaskari, and Jake Campbell Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from 180 days to 540 days. In alignment with ongoing efforts aimed at streamlining operations and enhancing processing efficiency, the U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that extends automatic work authorization for certain Employment Authorization Document (EAD) re ..read more

By: Daniela Mayer and Mahsa Aliaskari In light of prolonged Department of Labor (DOL) processing times and recent regulatory settlements involving the DOL and Department of Justice, employers are reevaluating their approaches to securing permanent residence (“green card”) sponsorship for essential talent. While the Program Electronic Review Management (PERM) process has been a staple for many U.S. companies, its multi-phase nature, extensive testing of the U.S. labor market, and mounting processing delays have rendered it increasingly impractical and costly. Notably, the DOL phase alone can n ..read more

On the morning of February 14, 2024, several clients reached out after encountering issues with the photo matching tool in E-Verify. They reported discrepancies where the photos transmitted by E-Verify did not align with the photos on the employees’ documents. It became increasingly clear that E-Verify was not rendering the correct photos from the government’s databases. Instead, random photos were appearing on the photo-match screen. We quickly investigated, reaching out to several electronic I-9 vendors, and clients, to assess the scope of the issue. After confirming that the issue was wide ..read more

On the morning of February 14, 2024, several clients reached out after encountering issues with the photo matching tool in E-Verify. They reported discrepancies where the photos transmitted by E-Verify did not align with the photos on the employees’ documents. It became increasingly clear that E-Verify was not rendering the correct photos from the government’s databases. Instead, random photos were appearing on the photo-match screen. We quickly investigated, reaching out to several electronic I-9 vendors, and clients, to assess the scope of the issue. After confirming that the issue was wide ..read more

By: Jason E. Burritt, Victoria Ma, Gabriel Mozes, Mia Batista, and Brooke K. Gary Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration period, which will run from March 6, 2024 to March 22, 2024. 1. FY 2025 H-1B Cap Registration Period USCIS announced that this year’s cap registration will open on March 6, 2024, at noon EST and close on March 22, 2024, at noon EST.  Employers should be prepared to submit critical dat ..read more

By: Jason Burritt, Steven Brouillard, Valerie Salcido, and Victoria Ma Seyfarth Synopsis:  Effective April 1, USCIS will implement significant filing fee increases, in particular for petition and applications related to employment-based benefits. U.S. Citizenship and Immigration Services (USCIS) published a final rule, which will take effect on April 1, 2024, to adjust certain immigration and naturalization benefit request fees. Through this rule, USCIS will implement substantial fee increases especially for employment-based petitions, reshaping the cost landscape for immigration be ..read more