USCIS Fee Hikes Effective April 1 – 4 Key Takeaways for Employers

On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) published a Final Rule to announce new filing fees for immigration and naturalization benefit requests. The rule is set to take effect on April 1, 2024. As a predominantly fee-funded agency, USCIS justifies the fee increase – the first since December 2016 – as essential …

3 Tips for a Successful National Interest Waiver Petition for the STEM Worker

The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain temporary work authorization is through the H-1B category, which is subject to an annual cap. Due to the restricted number of H-1Bs available each …

USCIS Updates Guidance for “Compelling Circumstances” EADs – Key Takeaways and a Call for Reform

On June 14, 2023, US Citizenship and Immigration Services (USCIS) issued updated policy guidance to address eligibility criteria and standards for employment authorization involving compelling circumstances. Such policy guidance is welcome news for the small contingent of individuals eligible for “compelling circumstances” (C35) employment authorization documents (EADs), as previously strict standards for C35 EADs translated …

State Pay Transparency Laws: 5 Questions Employers Must Ask Before Starting a PERM Recruitment Campaign

What happened? Over the past couple of years, multiple states have enacted pay transparency laws with the goal of increasing wage transparency for job seekers.  The objective of these laws is ultimately to achieve pay equality as job seekers approach the bargaining table with a general idea of what to expect in terms of salary.  …

New Public Charge Questions Add More Challenges for Adjustment of Status Applicants

On December 9, 2022, U.S. Citizenship and Immigration Services (USCIS) announced the release of a new version (12/23/22) of Form I-485, Application to Register Permanent Residence or Adjust Status, in connection with a new regulation addressing the public charge ground of inadmissibility, which would take effect on December 23, 2022. When must the new Form …

Attracting and Retaining Foreign Talent in STEM Fields – Overview of STEM Initiatives

On July 28, 2022, USCIS published online resources to provide an overview of some temporary and permanent pathways for foreign nationals to remain in the United States (U.S.) and work in the sciences, technology, engineering, and mathematics (STEM). These online resources break down various non-immigrant and immigrant channels through which STEM professionals can seek temporary …

Corporate Immigration Compliance: Dealing with Document Retention

Any corporate immigration program must consider what documents to retain, how long to retain them, and where to store them. In an era of increased inter-agency cooperation, a heightened focus on compliance, and an increasingly mobile workforce, it is important for a company to review its document retention practices. There are three primary types of …

USCIS Issues New I-9 Guidance for Employees with DACA Work Authorization

In January 2021, United States Citizenship and Immigration Services (USCIS) issued new I-9 guidance regarding the completion of Form I-9 for certain employees working pursuant to the Deferred Action for Childhood Arrivals (DACA) Program. The new guidance specifically addresses the situation where an employee presents an unexpired Employment Authorization Document (EAD) with category code of …

USCIS Fees Set to Change on October 2, 2020

On August 3, 2020, the Department of Homeland Security (DHS) issued a final rule that makes sweeping changes to the U.S. Citizenship and Immigration Services (USCIS) fee schedule.  It also removes certain fee exceptions, alters premium processing time limits, and mandates the use of new forms, among other changes. The rule is scheduled to take …

Avoiding Claims of Citizenship and National Origin Discrimination When Interviewing, Hiring, and Onboarding Foreign Workers

It is illegal to discriminate on the basis of citizenship or national origin in recruiting, hiring, onboarding, or employing workers.  Title VII of the Civil Rights Act of 1964 (“Title VII”) as well as the Immigration Reform and Control Act (“IRCA”) impose penalties on employers engaging in discriminatory employment practices.  While prohibitions against citizenship and …