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Tag: dhs

  • Lawsuit Challenges Using Wages as an H-1B Selection Factor

    A lawsuit has been filed in the D.C. District Court which challenges a final rule affecting the H-1B lottery process. This rule would give preference to H-1B applicants who make the highest salaries in their respective field. Those who filed the lawsuit, as well as those who support it, claim this rule is unfairly advantageous […]

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  • DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations

    On May 19, 2021, the Department of Homeland Security (DHS) issued a final rule which removes constraints put on H-1B applications from the 2020 interim final rule “Strengthening H-1B Non-Immigrant Visa Classification Program.” What is an H-1B Non-Immigrant Visa? The H-1B is a visa available to individuals who wish to work in a specialized occupation […]

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  • DHS Announces Continuation of International Entrepreneur Parole Program

    On May 10, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is withdrawing a 2018 notice of proposed rulemaking that sought to get rid of the International Entrepreneur Parole program (“IEP Program”). The IEP Program was established by DHS through the International Entrepreneur Rule (“IE Rule”) during the final […]

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  • Biden Administration Closes Chapter on Trump-era “Public Charge” Rule

    On March 9, 2021, the Supreme Court agreed to a Biden administration request to dismiss an upcoming case challenging the Trump administration’s highly contested “public charge” rule.  This means the Biden Administration has officially closed the chapter on the Trump-era Public Charge rule.    Under the Public Charge Final Rule, the Trump administration expanded the application of […]

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  • DHS Expresses Support for Equal Access to the COVID-19 Vaccine for Undocumented Foreign Nationals

    On February 1, 2021, the U.S. Department of Homeland Security (DHS) issued a press release expressing its support for equal access to COVID-19 vaccines and vaccine distribution sites for all individuals, regardless of their immigration status. DHS provided: “It is a moral and public health imperative to ensure that all individuals residing in the United States […]

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  • DHS will Publish Final Rule Modifying the H-1B Cap Selection Process

    The Department of Homeland Security (DHS) will publish a final rule, Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H1B Petitions, on January 8, 2021, amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for the filing of H-1B cap-subject petitions. Specifically, this rule will direct […]

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  • DHS Extends Form I-9 Flexibility an Additional 30 Days

    On December 23, 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a 30-day extension of the flexibility related to Form I-9, Employment Eligibility Verification, compliance.  Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the U.S. All U.S. employers are […]

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  • USCIS Announces Extension of Temporary Protected Status for Six Countries

    On December 7, 2020, the Department of Homeland Security (DHS) issued a Federal Register notice extending Temporary Protected Status (TPS) and the validity of TPS-related documentation for beneficiaries under the designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. TPS-related documentation includes Employment Authorization Documents (EADs); Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record.  […]

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  • Federal Court Judge Reinstates DACA Program

    On December 4, 2020, U.S. District Court Judge Nicholas Garaufis issued an order requiring the Department of Homeland Security (DHS) to reinstate the Deferred Action for Childhood Arrivals (DACA) program. The DACA program is an Obama-era initiative that has allowed undocumented foreign nationals who came to the U.S. as children to stay in the country and work legally. Under the […]

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  • Breaking News: District Court Sets Aside Two Interim Final Rules Targeting Employment-Based Immigration

    On December 1, 2020, the U.S. District Court for the Northern District of California set aside two interim final rules upending the H-1B visa program and other employment-based immigration categories in Chamber of Commerce v. DHS. Both rules were announced in October and comprised of significant changes to the H-1B prevailing wage levels and eligibility criteria.  The […]

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