On January 20, 2025, President Donald Trump invoked the National Emergencies Act (NEA), citing a national crisis at the southern US border. National Emergency at Southern Border Declared by President Trump| Insights| Mayer Brown
President Trump’s first week in office provided a clear roadmap of his policy priorities and the beginning of a significant overhaul of immigration policies. His “Protecting the American People Against Invasion” executive order sheds light on the direction the Administration will take in immigration enforcement. For employers, the order may impact the type of work
The US Department of Homeland Security (DHS) published a new regulation to “modernize” the H 1B program, a visa category commonly used by US employers to hire skilled foreign workers. The new regulation takes effect on January 17, 2025. The timing of the rule is notable, coming at the end of the Biden Administration and
On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued guidance that clarifies and broadens the eligibility criteria for individuals with extraordinary ability on the path for U.S. permanent residence (a “green card”). The guidance applies to petitions filed under the employment-based, first preference category known as EB-1A, an immigration classification designed for individuals with extraordinary ability in the sciences, arts, education, business, or athletics who can demonstrate sustained acclaim either nationally (within one country) or internationally (within two or more countries).Continue Reading Extraordinary? Prove It! USCIS Issues New Guidance Regarding Evidentiary Criteria
The Department of State (DOS) and the Department of Homeland Security (DHS) announced that Qatari citizens and nationals will be able to apply for travel to the United States as temporary visitors under the Visa Waiver Program (VWP). Effective December 1, 2024, Qataris can travel to the U.S. for business or tourism for up to 90 days without needing a visa. Instead, they will only need to apply for an Electronic System for Travel Authorization (ESTA) online. Qatar is the first Gulf country to be designated for the VWP.
While U.S. citizens already enjoy visa-free travel to Qatar for up to 30 days, beginning October 1, 2024, they are eligible to stay in Qatar for up to 90 days (with a valid passport).Continue Reading Qatar Added to U.S. Visa Waiver Program
As the federal fiscal year draws to a close on September 30, 2024, there are several notable updates from U.S. courts and federal agencies affecting the employment-based immigration system.
H-4 Employment Authorization Continues
The U.S. Court of Appeals for the D.C. Circuit issued a decision on August 2, upholding the regulation that authorizes the Department of Homeland Security (DHS) to extend employment authorization to the spouses of certain specialty occupation workers. The Court affirmed that the employment authorization rule is consistent with the statutory framework and that DHS has the authority to grant work permits. In practical terms, this means that spouses of H-1B workers who have passed certain milestones in the green card process can continue to seek career opportunities by legally working in the United States.Continue Reading August 2024 U.S. Immigration Updates For Employers
The U.S. Department of Homeland Security (DHS) announced the trial launch of E-Verify+, an advanced product to streamline the process for employers to verify the employment eligibility of newly hired workers. Through this process, employees will receive a link to complete the Form I-9 (Employment Eligibility Verification) directly through E-Verify in one experience. A select group of users are testing E-Verify+ to assess and provide feedback in an effort to ensure the best possible product is available when it is released for wider use later this year.Continue Reading DHS Joins the “Plus” Trend; Launches Trial E-Verify+ Program
The U.S. Department of State (DOS) recently extended the allowable duration for Japanese language and culture specialists under the J-1 visa classification from one year to three years. The initiative aims to enhance cultural exchanges and strengthen educational ties between Japan and the United States.[1]Continue Reading A Longer Welcome: US Extends Stay for Japanese Specialists to Three Years
In a significant development, the US Department of Homeland Security (DHS) is taking steps to prevent certain applicants from experiencing a lapse in employment authorization while their renewal requests remain pending. The agency is temporarily increasing the automatic extension period from a maximum of 180 days to 540 days from the expiration date stated on the work permit.[1] The agency estimates that the update will safeguard more than $29 billion in employee earnings while saving US employers more than $5 billion in labor turnover costs.
A large population will benefit from the automatic extensions, including individuals with pending adjustment of status applications (green card applications); certain spouses of E, H, and L nonimmigrants; asylum seekers with pending applications; as well as many others.[2] The rule is expected to reduce gaps in these individuals’ employment authorization and thereby protect employers’ continuity of operations and financial stability by avoiding labor turnover and replacement costs.Continue Reading More Time on the Clock: DHS Extends Work Authorization Amid Processing Delays
On April 1, 2024, US Citizenship and Immigration Services (USCIS) implemented new costs for many common immigration filings, resulting in a fee increase of 100% to 200% for certain visa categories including those utilized by US employers. In this Legal Update, we examine some of these new fees, the impact of the fee increase on