Tag: DHS

On September 9, 2021, the Department of Homeland Security (DHS) announced there will be an automatic extension of 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. Notably, the automatic extension of TPS-related documentation includes Employment Authorization Documents (EADs), which […]

As of January 2020, the Department of Homeland Security (DHS) has been gradually implementing a phased DNA collection policy mandated by federal statute. This requires Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) to collect DNA samples from individuals detained or in the custody of their agency. Aliens, Lawful Permanent Residents, and […]

Hundreds of H-1B visa applicants have filed a lawsuit against the U.S. Department of Homeland Security (DHS) over “rampant fraud and abuse” in the new H-1B online registration system. According to the complaint, the online registration system, which was created in 2019, has sparked a whole industry of consulting firms and fake employers that register […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]