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Tag: dhs

  • 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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  • What Employees Need to Do if They Receive a Tentative Nonconfirmation (TNC) for I-9 Purposes

    If the information your employer entered into E-Verify from your Form I-9, Employment Eligibility Verification, does not match records available to the Department of Homeland Security (DHS) or the Social Security Administration (SSA), your employer may receive a tentative nonconfirmation (TNC) result.  What Does a Tentative Nonconfirmation Result Mean? A TNC result does not necessarily […]

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  • Relaxation of Employer I-9 Compliance will end November 19, 2020

    Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers are required to complete Form I-9 for any individual they hire in the United States—including citizens and noncitizens. Due to the outbreak of COVID-19, the Department of Homeland Security (DHS) announced on March 20, […]

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  • DHS Proposes Rule to Prioritize Selection of H-1B Registrations Based on Wage Levels

    On October 28, 2020, the Department of Homeland Security (DHS) announced a notice of proposed rulemaking that would prioritize the selection of H-1B registrations (or petitions, if the registration process is suspended) based on corresponding wage levels. DHS states that this will better protect the economic interests of U.S. workers, while still allowing U.S. employers […]

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