Apr 1, 2024
On April 1, 2024, USCIS announced that it has received enough electronic H-1B cap registrations during the “initial registration period” to reach the fiscal year (FY) 2025 H-1B cap. It is uncertain whether there will be subsequent H-1B cap selections, based on the actual filings with USCIS. USCIS will begin accepting H-1B cap petitions as of today, and selected registrants must file their petitions within the filing timeline provided in their selection notice, which will be no more than 90
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Aug 21, 2023
The U.S. Department of Homeland Security (“DHS”) has promulgated a new version of the Form I-9, which is now available for use (please also see new Form I-9 Instructions). The new I-9 has reduced Sections 1 and 2 to a single sheet, and has relocated the Reverification and Rehire section to a separate “Supplement B” page, among other changes.
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Nov 11, 2022
We are excited to announce that U.S. Supreme Court Justice Neil Gorsuch has cited an important article published by our very own Luke Phillips, associate at Tueth Keeney! Justice Gorsuch, in his spirited dissent from the Court’s denial of certiorari in Buffington v. McDonough, Secretary of the Veterans Affairs, 598 U.S. __ (2022), cited Luke’s article titled Chevron in the States? Not So Much, that was published in the Mississippi Law Journal in 2020.
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May 5, 2022
by Luke Phillips On May 4, 2022, U.S. Citizenship and Immigration Services (“USCIS”) published a Temporary Final Rule authorizing an increase of the automatic extension period applicable to expiring Employment Authorization Documents (“EADs”) for certain renewal applicants who have filed a Form I-765, Application for Employment Authorization. The automatic extension period will be raised from up to 180 days to up to 540 days from the expiration date displayed on the EADs of eligible
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Mar 28, 2022
by Luke Phillips On March 18, 2022, U.S. Citizenship and Immigration Services (“USCIS”) announced that it is updating the guidance in its Policy Manual regarding what may be used as evidence of employment authorization for certain E and L nonimmigrant spouses. This updated guidance follows the November 2021 clarification from USCIS that it considers E and L spouses to be employment authorized incident to their valid E and L nonimmigrant status. Accordingly, USCIS and U.S. Customs and Border Protection have
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Jan 3, 2022
by Luke Phillips For certain nonimmigrant visa applicants with approved petitions, the U.S. Department of State (“DOS”) has extended authorization for consular officers to waive interviews through December 31, 2022. The extension of authorization applies to applicants for H-2, F, M, and academic J visas, and to applicants renewing any visa type within 48 months of expiration. Additionally, the authorization has expanded to applicants for H-1, H-3, H-4, L, O, P, and Q visas. The authorization only applies to applicants
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Jan 3, 2022
by Luke Phillips U.S. Citizenship and Immigration Services (“USCIS”) has announced that healthcare workers with a pending Employment Authorization Document (“EAD”) renewal application (i.e., Form I-765), and whose EAD is expired or expires in 30 days or less, are now allowed to request expedited processing for their EAD applications. USCIS will require those requesting expedited processing to provide sufficient evidence of their employment as a healthcare worker. Sign up to receive Insight notifications via email here.
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Dec 20, 2021
by Luke Phillips On December 15, 2021, U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility policy regarding the in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification, due to continued precautions associated with COVID-19. The Department of Homeland Security (DHS) will extend this policy until April 30, 2022. Please note, this flexibility policy only applies to employers and workplaces that are operating remotely. If there are employees physically present at a
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Dec 1, 2021
by Luke Phillips With the COVID-19 Omicron variant emergent, President Biden issued a Presidential Proclamation suspending the entry of individuals who were physically present within South Africa, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, or Zimbabwe during the 14-day period preceding their attempted entry into the U.S. The travel suspension became effective on November 29, 2021. The Presidential Proclamation provides for certain exceptions. For example, the travel suspension does not apply to U.S. citizens (“USCs”), lawful permanent U.S. residents (“LPRs”), noncitizen
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Oct 26, 2021
by Luke Phillips The White House has announced that beginning on November 8, 2021, all international travelers fully vaccinated against COVID-19 who have been blocked from entering the United States due to COVID-19 travel restrictions will no longer be barred from entry. International travelers flying to the U.S. will be required to prove they have been fully vaccinated against COVID-19 and provide a negative COVID-19 test taken within three days before boarding a U.S.-bound flight. The requirement to provide a
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Calvin D. Bill
Diane E. Metzger
Luke T. Phillips
Melanie Gurley Keeney
Rebecca Martin
Laura E. Hemmer