Department of Homeland Security

The Department of Homeland Security is a federal executive department established in 2002 in response to the September 11th terrorist attacks. DHS was formed by combining twenty-two existing federal departments... more +
The Department of Homeland Security is a federal executive department established in 2002 in response to the September 11th terrorist attacks. DHS was formed by combining twenty-two existing federal departments and agencies. The consolidation was aimed at creating a better integrated, more effective organization to respond to terrorist attacks and other varied threats facing the United States and its territories.  less -
News & Analysis as of

The Syrian Refugee Crisis: Highlights of the Resettlement Process and Tips for Employers

The terrorist attacks in Paris on November 13th have heightened Americans’ concern over security as President Obama has pledged to admit 10,000 Syrian refugees fleeing that troubled, violent, and oppressive land. A number...more

Development of Cybersecurity Information Sharing Standards

As the Obama administration continues to direct attention to cybersecurity, The University of Texas at San Antonio (“UTSA”) recently won an $11 million dollar grant to develop standards for so-called “Information Sharing and...more

U.S. Files Criminal Complaint Against Individual For Alleged ITAR Violations

On November 4, 2015, the United States Attorney's Office for the Central Division of the District of Utah filed a criminal complaint against a citizen of India, Kolar Rahman Anees Ur Rahman, alleging that he violated the Arms...more

New Department of Homeland Security Regulation Aims to Preserve and Enhance STEM OPT Program for Nonimmigrant Students and U.S....

On October 19, 2015, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register regarding optional practical training (OPT) extensions for F-1 students with U.S. degrees...more

F-1 Optional Practical Training Proposed Rule Released; Work Authorization Expanded for STEM Students

The long-awaited proposed rule on F-1 Optional Practical Training (OPT) was published in the Federal Register on October 19, 2015, by the U.S. Department of Homeland Security (DHS). The proposed rule is titled “Improving and...more

ISIS Cyber-attacks On U.S. Infrastructure

At GridSecCon last week, FBI cyber division chief John Riggi announced that the Islamic State of Iraq and Syria (“ISIS”) attempted to hack American power companies, but failed. Riggi acknowledges the growing concern of...more

The Employment Law Authority - September/October 2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

Cybersecurity and Data Privacy: Cybersecurity Information Sharing Act Passes Senate, Would Encourage Business to Share...

Sharing information about cyber threats and analysis is a cybersecurity best practice but can often come into conflict with a company’s protection of its own data and that of its customers. On October 27, 2015, the U.S....more

Contingency Planning for the Upcoming H-1B Season

The H-1B non-immigrant visa allows foreign workers in certain occupations to legally live and work in the United States for a U.S. employer. In recent years, a growing number of foreign workers have applied for H-1B visas,...more

2015-2016 California Labor & Employment Laws Affecting Construction Industry

Assembly Bill 219 – Prevailing Wages for Concrete Delivery on Public Projects - AB 219 continues California’s aggressive expansion of prevailing wages. This bill expands the definition of “public works” for purposes of...more

Summary of Key New California Laws for 2016: What Employers Should Know

Governor Brown has signed several laws impacting California employers. A summary of some of the key new laws follows. The effective date of the particular new law is indicated in the heading of the Assembly Bill (AB) and/or...more

Department of Defense Spending Decreases, But Other Agencies Buck the Trend

Fiscal year (FY) 2014 saw a continued decrease in the Department of Defense (DoD) spending. In FY 2014, DoD spent $418 billion on payroll and contracts, which roughly equals 2.4% of the U.S. GDP. Recall that in 2013,...more

DHS Publishes STEM OPT Rule - Potential New Benefits and Requirements

On Monday, October 19, 2015, the Department of Homeland Security (“DHS”) published its eagerly anticipated STEM Optional Practical Training (“OPT”) rule in the Federal Register for a 30-day comment period ending on November...more

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

Immigration Updates: USCIS Announces Yet Another Change to the Visa Bulletin and STEM Graduates Granted a Reprieve by DHS

In our September 16th blog posting, we discussed the updated Visa Bulletin which provided a new chart for would-be immigrants. The new chart provides Dates for Filing Applications, or the earliest dates when an applicant may...more

You Down with OPT? DHS Proposes Longer Post-Graduate Work Authorization for STEM Graduates, with a Catch

Last week, the Department of Homeland Security (DHS) issued a proposed rule that would amend its F-1 nonimmigrant student visa regulations regarding optional practical training (OPT) for students with higher education degrees...more

DHS Proposes New Rule for STEM OPT Extension

New rule would extend STEM optional practical training to 24 months. On October 19, the US Department of Homeland Security (DHS) published a proposed rule in the Federal Register to amend its F-1 nonimmigrant student...more

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

Proposed New Rule May Save the STEM OPT Program

The optional practical training (OPT) program allows students here on an F-1 visa (who have either graduated or been pursuing a degree for 9 months) to work in their chosen field of study for one year. In 2008, the U.S....more

Do Words Matter? GAO Decides “Yes” in Delivery Order Precedent Case

Do words matter? In a precedent-setting decision in Harris IT Services Corp., B-411699, B-411796, GAO said “yes.” In particular, GAO made clear that the phrase “delivery order” has a particular meaning under the law and that...more

Shootings on Campus: Institutions Should Review These Security Measures Now

The disturbing increase in campus shooting tragedies demands a careful review of campus safety measures. Recent incidents in several states remind us that violence can erupt without much, if any, advance warning. Educational...more

DHS Submits New STEM OPT Rule for Comment

Today, October 19, the Department of Homeland Security submitted a proposed rule modifying the existing optional practical training (“OPT”) available to certain students with degrees in science, technology, engineering, or...more

Proposed DHS Rule May Save OPT STEM Extension

Foreign national students in F-1 status are generally allowed to apply for and obtain a one-year work permit, referred to as Optional Practical Training (OPT). Certain students degrees from U.S. universities in specific...more

House Passes Cybersecurity Legislation; Focus Is Now On Senate

On October 6, 2015, the U.S. House of Representatives passed the Department of Homeland Security Cybersecurity Strategy Act of 2015 (the “Cybersecurity Strategy Act”), which, if enacted, would require the Department of...more

Update on STEM OPT Work Permit Extension: Administrative Process for Regulation Is Underway

In response to Judge Ellen Segal Huvelle’s ruling in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security et al., No. 14-529 (August 12, 2015) that vacated the previous regulations on STEM...more

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