- 31 minutes 25 secondsEpisode 41: D/S Elimination: Final Rule Implementation and the Road Ahead
What happens when "duration of status" disappears for the first time in decades, and what should students, scholars, physicians, and the institutions that sponsor them do to prepare?
In this episode of Statutes of Liberty, host Tim D'Arduini, is joined by colleagues Anabel Nataros and Nigel James to unpack a new DHS rule eliminating duration of status (D/S) for F-1, J-1, and I visa holders, effective September 15, 2026. The change replaces the open-ended D/S notation with a fixed expiration date tied to each program, reshaping how individuals and their sponsoring institutions manage compliance.
The conversation walks through how the transition period works, including the four-year cap that applies even to longer programs like PhDs and medical residencies, and why international travel on or after September 15, 2026 immediately triggers the new fixed-expiration rule.
Tim, Anabel, and Nigel also cover:
- The importance of monitoring I-94 records after every international trip, including common CBP errors that can shorten a stay
- New extension-of-status filing requirements, timing, and the absence of premium processing for these applications
- Practical steps universities, hospitals, and employers can take now to review, refine, and reduce friction for impacted populations
- The shortened grace period at the end of a program, cut from 60 to 30 days
- Advocacy and litigation avenues available to affected stakeholders
Whether you're a university international student office, a hospital sponsoring physicians in training, or an individual currently in F, J, or I status, this episode offers a clear roadmap for navigating the new rule before it takes effect.
Speakers on this episode are:
- Tim D'Arduini, Partner
- Anabel Nataros, Senior Associate
- Nigel James, Associate
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17 August 2026, 11:00 am - 38 minutes 33 secondsEpisode 40: Becoming a US Citizen (Part 2): Pitfalls and Accommodations
Once someone is eligible to file for naturalization, is it just a formality? Or are there hidden pitfalls that can delay, deny, or even undo an application?
In the second episode of our two-part naturalization series, host Karuna Simbeck is joined by colleagues Megan Kludt and Stacy Shore to build on the first episode's overview of naturalization eligibility. This conversation digs into the issues that can often surprise applicants in the process of becoming a US citizen.
Karuna, Megan, and Stacy discuss the criminal and moral character issues that can jeopardize a naturalization case – and in some circumstances, even an existing green card – along with why full disclosure to counsel remains essential even for issues already raised in a prior green card filing. They also cover how applicants can document good moral character through letters, affidavits, and other supporting evidence.
Karuna, Megan, and Stacy also cover the waivers, exemptions, and alternate pathways available to applicants who don't fit the standard mold, including:
- The medical disability waiver (Form N-648) for the English and civics requirements
- Age- and residency-based exemptions from the English language test
- Reasonable accommodations for applicants with disabilities
- Religious or conscientious objector exemptions
- Special rules for overseas assignments, spouses of US citizens working abroad, and military service members
- The circumstances under which citizenship can later be revoked
Whether you're preparing for a straightforward filing or navigating a more complicated immigration history, this episode offers practical guidance for anticipating and addressing naturalization's trickiest issues.
Speakers on this episode are:
- Karuna Simbeck, Partner
- Megan Kludt, Senior Associate
- Stacy Shore, Senior Counsel
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3 August 2026, 12:00 pm - 37 minutes 40 secondsEpisode 39: Becoming a US Citizen (Part 1): The Basics of Naturalization
What does it actually take to trade in a green card for a US passport, and why might now be the right time to start that process?
In the first installment of a new two-part series on naturalization, host and attorney at Klasko Immigration Law Partners, Megan Kludt, is joined by Stacy Shore and Karuna Simbeck to break down what it means to become a US citizen, and why the topic feels especially timely right now.
Megan, Stacy, and Karuna walk through the practical advantages of naturalization, including:
- Eliminating the need to renew a green card every ten years
- Access to a US passport, which can ease international travel and reduce scrutiny at reentry
- Protection from the removal and detention risks that lawful permanent residents can face
- The right to vote in federal, state, and local elections
- Eligibility for certain federal jobs, security clearances, and grants
- An easier path to sponsoring family members
- The option to retain citizenship in another country, since US law does not require giving it up
The conversation also covers eligibility and residency requirements, how continuous residence and physical presence are calculated, and why extended time outside the US can put an application at risk.
Whether you're a green card holder considering your next step or simply want to understand the process, this episode lays out the practical benefits, requirements, and process in becoming a US citizen.
Speakers on this episode are:
- Megan Kludt, Senior Associate
- Karuna Simbeck, Partner
- Stacy Shore, Senior Counsel
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- Schedule a consultation here.
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20 July 2026, 11:30 am - 29 minutes 26 secondsEpisode 38: AOS or Consular Processing? What USCIS's Policy Shift Means for You
What does USCIS's new approach to adjustment of status mean for green card applicants, and how does it reshape the choice between staying in the U.S. and processing abroad?
In this episode of Statutes of Liberty, host and Senior Associate at Klasko Immigration Law Partners, Natalia Gouz, is joined by Partner Jessica DeNisi, who brings additional insight from her background with the U.S. Department of State. Natalia and Jessica unpack USCIS's May 2026 policy memo on adjustment of status, examining what the memo says, what's played out in practice in the weeks since its release, and what it could mean for anyone weighing their green card options.
Natalia and Jessica walk through the firm's initial response to the memo, discuss the strategy of interfiling positive equities evidence into pending applications, and highlight why the policy shift carries particular weight for EB-5 investors, given the program's upcoming grandfathering deadline.
Additionally, they share what's been observed at adjustment of status interviews since the memo took effect, including new questions from officers, inconsistent approaches across field offices, and a mix of requests for evidence, rescheduled interviews, and approvals without incident. Drawing on her State Department background, Jessica also offers a detailed look at consular processing: how it differs from adjustment of status, how the timeline unfolds through the National Visa Center, and why switching from adjustment of status to consular processing later in the process is far more difficult than the reverse.
Whether you're weighing your own green card strategy or advising employees through this shift, this episode offers practical guidance for navigating USCIS's evolving discretionary framework.
Speakers on this episode are:
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8 July 2026, 3:22 pm - 40 minutes 44 secondsEpisode 37: E-Verify Enforcement: Preparing for Desk Audits
Your organization enrolled in E-Verify to strengthen compliance, but could that same program now be the source of your next government audit?
In the final episode of Klasko Immigration Law Partners' Worksite Compliance mini-series, host Nick Lowrey, Senior Associate in Klasko's Washington, D.C. office, is joined by John Fay, Director of Product Strategy at Equifax Workforce Solutions. With two decades of experience in I-9 and E-Verify compliance and a background that spans both law and technology, John brings a uniquely practical perspective to one of the most misunderstood enforcement tools currently being deployed against employers.
Nick and John break down what an E-Verify desk audit (officially called a "desk review") actually looks like in practice, including audit triggers, typical government requests, common pitfalls, and potential consequences of non-compliance. Whether you're a current E-Verify participant, considering enrollment, or simply trying to understand how worksite compliance enforcement is evolving, this episode offers a clear-eyed, practical guide to protecting your organization.
Speakers on this episode are:
- Nick Lowrey, Klasko Immigration Law Partners
- John Fay, Equifax Workforce Solutions
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- Schedule a consultation here.
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- Learn more at equifax.com.
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22 June 2026, 12:00 pm - 30 minutes 37 secondsEpisode 36: I-9 Notice of Inspection: Preparing in Advance
What happens when Homeland Security Investigations (HSI) serves your company with an I-9 Notice of Inspection, and what should employers do in those critical first hours?
In the third episode of our Worksite Compliance series, host Nick Lowrey is joined by John Connolly, Senior Managing Director at Guidepost Solutions and former Deputy Executive Associate Director of HSI. Drawing on decades of enforcement experience, John provides an insider’s perspective on how I-9 audits are initiated, the common triggers behind Notices of Inspection, and what employers can expect throughout the inspection process.
Nick and John discuss practical steps employers can take to reduce risk, including conducting proactive audits, establishing response protocols, training key personnel, and maintaining organized records. They also examine recent ICE guidance that may increase employer liability by treating more I-9 errors as substantive violations.
Whether you're preparing for a potential audit or reviewing your current compliance program, this episode offers practical insights into navigating today's evolving enforcement environment.
Speakers on this episode are:
- Nick Lowrey, Klasko Immigration Law Partners
- John Connolly, Guidepost Solutions
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- Schedule a consultation here.
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8 June 2026, 12:00 pm - 27 minutes 7 secondsEpisode 35 (Part2): I-9 Compliance Made Practical: What Employers Need to Know
How can employers stay ahead of I-9 reverification deadlines and avoid risks associated with the use of electronic I-9 systems and E-Verify ?
In part two of the second episode of our worksite compliance series, host and Senior Associate at Klasko Immigration Law Partners, Natalia Gouz, continues her conversation with Partner and Co-Chair of the Corporate Immigration Practice Group, Elise Fialkowski, to discuss how employers can strengthen I-9 compliance beyond the onboarding process.
Natalia and Elise explore key issues that often create risk for employers, including reverification obligations, tracking expiring work authorization, avoiding document abuse during reverification, and understanding the limitations of electronic I-9 systems.
The episode also discusses E-Verify, including why it is not a substitute for Form I-9, how it offers benefits but may also create compliance risks, and why employers should carefully evaluate their systems, training, and internal policies before relying on electronic tools.
For employers navigating today’s evolving enforcement environment, this episode offers practical strategies for maintaining audit-ready records, reducing potential liability, and strengthening workplace compliance programs.
Speakers on this episode are:
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1 June 2026, 12:00 pm - 32 minutesEpisode 35 (Part 1): I-9 Compliance Made Practical: What Employers Need to Know
How can employers strengthen their I-9 practices before ICE comes knocking, and what are the biggest compliance risks companies overlook?
In the first part of our next episode in our worksite compliance series, host and Senior Associate at Klasko Immigration Law Partners, Natalia Gouz sits down with Partner and Co-Chair of the Corporate Immigration Practice Group, Elise Fialkowski, to break down the fundamentals of I-9 compliance and the growing enforcement risks employers face.
Natalia and Elise discuss practical steps employers can take to improve compliance, including training staff, avoiding common document verification mistakes, maintaining audit-ready records, and implementing effective internal review procedures.
The episode also explores recent developments in ICE guidance that may expand the scope of substantive I-9 violations and increase employer liability during audits. Whether you’re reviewing your onboarding procedures or preparing for a potential government inspection, this episode offers practical, real-world strategies to strengthen your company’s immigration compliance program.
For employers navigating today’s evolving enforcement environment, this episode offers practical strategies for minimizing risk and strengthening workplace compliance programs.
Speakers on this episode are:
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25 May 2026, 11:00 am - 32 minutes 30 secondsEpisode 34: ICE Approaching: Preparing Your Company and Your People
What makes an employer a target for ICE enforcement, and what should you do if agents show up at your workplace?
In the first episode of our worksite compliance series, host Nick Lowrey is joined by Klasko’s Partner-in-Charge of the DC office, Tim D’Arduini, to break down how ICE and Homeland Security Investigations identify employers for enforcement actions. They discuss high-risk industries, the role of government data sharing, and how prior audits or inconsistencies can trigger scrutiny.
Nick and Tim also walk through what enforcement can look like in practice, from administrative and judicial warrants to large-scale raids. Listeners will learn practical tips on managing these interactions, building a response protocol, training their teams, and preparing for the legal, operational, and reputational risks that can follow.
Whether you’re a small business or a large organization, this episode offers a clear, real-world look at how to prepare for today’s enforcement landscape.
Speakers on this episode are:
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4 May 2026, 2:11 pm - 4 minutes 14 secondsEpisode 33: Relaunching Statutes of Liberty: Introducing Our Worksite Compliance Series
Worksite immigration enforcement is on the rise—and employers need to be ready.
In this special relaunch episode of Statutes of Liberty, Klasko Immigration Law Partners introduces a new series focused on one of the most pressing issues facing organizations today: immigration compliance and enforcement preparedness. Across four focused episodes, Klasko attorneys and special guests will cover:
- How to prepare for ICE worksite enforcement actions
- What to expect during audits, raids, and inspections
- I-9 compliance fundamentals and common risk areas
- E-Verify enforcement and proactive compliance strategies
Preparation is no longer optional – it’s essential.
Follow Statutes of Liberty to stay informed and be ready for what’s ahead.Speakers on this special intro episode are:
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6 April 2026, 11:00 am - 13 minutes 59 secondsEpisode 32: EB-1B for Early-Career Scholars
An EB-1B visa petition can be very intimidating, especially for scholars, professors, and researchers still early in their careers. However, the category’s ambiguous requirements can be used to the benefit of a foreign national early in their career. In this episode, Klasko EB-1 attorneys Anu Nair, Allie Dempsey, and Nigel James discuss how they would advise clients on strengthening their cases for success when applying for an EB-1B Outstanding Researcher or Professor.
Klasko’s distinguished EB-1 team discusses:
- What is an EB-1B and who is eligible?
- What are the criteria and requirements?
- How can professors use their teaching experience?
- How can researchers use their experience?
- What documents can be used for evidence?
- Are there any alternatives to an EB-1B?
The Klasko EB-1 team has extensive experience handling EB-1B petitions for professors, researchers, and scholars. For more information on this topic, read Nigel’s recent blog:
Speakers on this episode are:
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