After the Parole in Place Program (“Keeping Families Together”) went into effect on August 19, 2024, sixteen State Attorneys General filed a complaint against the U.S. Department of Homeland Security (“DHS”) et. al. The complaint alleges that the program is unlawful and will cause irreparable harm to the states that filed the complaint. On August
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“Goodbye BRP, Hello eVisa”: The UK’s Leap into a Digital Immigration Era
In an effort to introduce a fully digital immigration system, the UK Government has announced that Biometric Residence Permits (BRP), Biometric Residence Cards (BRC) and any other legacy paper documents with ink stamp or visa vignette will be phased out, and that as of January 1, 2025, they will no longer be in circulation.
How…
New DHS Parole Policy for Long-Term Undocumented Spouses, Stepchildren
By Leon Rodriguez, Dawn M. Lurie and Isabella Cohen
Seyfarth Synopsis: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the “Keeping Families Together” process for certain noncitizen spouses and stepchildren of U.S. citizens. “Keeping Families Together” enables noncitizen spouses and stepchildren of U.S. citizens to apply for lawful…
Visa Bulletin Updates
Where are we next month?
The United States Immigration and Citizenship Services (USCIS) has announced that for the September 2024 Visa Bulletin, applicants must use the Final Action Dates chart for employment-based preference categories, and the Dates for Filing chart for family-sponsored preference categories when filing adjustment of status (I-485) applications:
FINAL ACTION DATES…
Second USCIS FY 2025 Cap Lottery: A New Opportunity for H-1B Applicants
In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to temporarily hire foreign workers for roles that typically require at least a bachelor’s degree in the specific specialty, or its equivalent.…
Canadian Immigration – Updates Intra-Company Transfer Rules: What You Need to Know
By: Rania Abboud
On July 18th, 2024, the Immigration, Refugees, Citizenship Canada (IRCC), introduced new updates for intra-company transfers using exemption codes C61, C62, and C63 related to Canada’s Intra-Company Transfer (ICT). The ICT program allows multinational companies to transfer key employees to their Canadian branches. This program is crucial for expanding operations in Canada…
Navigating Delays: The F-1 STEM EAD Waiting Game Considerations for Employees and Employers
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…
Not Selected in the H-1B CAP? Discover Opportunities in Canada: Exploring Alternatives for Talent Retention
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…
Department of Labor Issues Comprehensive Artificial Intelligence “Promising Practices” Designed to Avoid Bias: All Employers Should Take Note
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…
H-1B Cap Rule – Did it Work?
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,…