Planning for Travel Ban 2025 – Leaked Draft includes 43 countries

An article published by The New York Times on March 14, 2025, details a travel ban proposal under review by the Trump administration affecting 43 countries, categorized using a color-coded triage system (the “Article”). The article is based on a leaked memo. Reportedly, the U.S. Department of State (DOS) submitted this proposed list a few …

Immigration Compliance for Employers in 2025: Guide to Worksite Audits

During the first Trump administration, worksite enforcement actions (aka raids) were focused in the Southeast and Midwest. The primary industries targeted were manufacturing and meat/poultry processing.[1]   In 2017, Thomas Homan was the acting director for the U.S. Immigration and Customs Enforcement (ICE). He directed Homeland Security Investigations (HSI) to increase worksite immigration enforcement actions by …

Walking While Foreign: Documenting Immigration Status in 2025

As we approach 2025 with the threat of impending mass deportation[1] of those without legal immigration status in the United States (U.S.), it is important for foreign nationals lawfully here to remember what documents they are obligated to maintain in their possession under federal law. In addition, any assessment of legal status by law enforcement …

November 1 Deadline Looms as Texas Hospitals Struggle to Track Costs Related to Immigration Status

On November 1, certain Texas hospitals must comply with an Executive Order issued by Governor Greg Abbott on August 8, 2024 (Order), requiring them to document medical costs related to the care of individuals without legal immigration status. Governor Abbott provided the following statement explaining the reasoning behind his Order: “Due to President Joe Biden …

New TPS and DED Protections for Lebanese Nationals: What You Need to Know

In a significant move, the U.S. Department of Homeland Security (DHS) has extended temporary immigration protections for Lebanese nationals currently residing in the United States. These measures, which include Temporary Protected Status (TPS) and Deferred Enforced Departure (DED), will provide critical relief to individuals affected by the ongoing humanitarian crisis in Lebanon. Let us break …

Employer Economics: Cost-Saving Strategies for Adjustment of Status Filings

On April 1, 2024, the new U.S. Citizenship and Immigration Services (USCIS) fee schedule took effect. The fee schedule has been modified since publication, which can make determining the appropriate fee challenging.    Please refer to our previous blog post regarding the key takeaways from the final rule implementing these fee increases. The new rule increases …

Round Two SB 4: Texas Follows Arizona in State Preemption Attempt of Federal Border Control

Texas Governor Greg Abbott signed SB 4 on December 18, placing Texas on the course to yet another state-federal preemption challenge regarding the enforcement of immigration law regarding illegal entry to the United States (US).  The bill’s provisions may go into force on or about March 5, 2024. The provision is in limited ways similar …

Trade Nafta (TN) Visa Holders Are NOT Free Agents – Spotting the Unauthorized Nonimmigrant for Form I-9 Compliance

Employers continue to face compliance challenges in determining whether a new hire is work authorized for Form I-9 purposes, given the dynamic changes in immigration policy and regulation.  For instance, this year alone, U.S. Citizenship and Immigration Services (USCIS) has posted significant updates on the Form I-9 Central news page, including: The increase of the …

August 1 Marks New Era in Remote Document Verification for Qualified E-Verify Employers as well as a New Compressed Form I-9

On August 1, all U.S. employers will have the option to use the new “one-page” Form I-9 (edition date 08/01/2023). The new August 2023 Form I-9 and Instructions are only available in draft form before August 1, 2023 via the Federal Register posting.   Employers may use the current version of Form I-9 (edition date 10/21/2019) …

UPDATE: Form I-9 Remote Flexibility Ending July 31, 2023 / In-Person Inspection Required by August 30, 2023 – Why?

The Department of Homeland Security (DHS) extended the COVID-19 remote completion flexibilities for Form I-9 effective November 1, 2022, until July 31, 2023. On May 5, 2023, U.S. Immigration and Customs Enforcement (ICE) announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 remote inspection flexibilities end on …