Department of Homeland Security United States Citizenship and Immigration Services

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 Failures and Future of the EB-5 Regional Center Program: Can it be Fixed?

Senate Committee on the Judiciary Hearing - The Senate Committee on the Judiciary (“Committee”) held a hearing on February 2nd regarding the future of the EB-5 Regional Center Program. The hearing was led by Senators...more

STEM OPT Update: Program Remains Valid Through May 10, 2016

On January 23, 2016, the U.S. District Court for the District of Columbia granted a motion to extend the stay of vacatur of the current STEM Optional Practical Training (OPT) program until May 10, 2016, providing the...more

Court Allows DHS Until May 10, 2016, to Issue New STEM OPT Rule

The U.S. District Court for the District of Columbia gave the Department of Homeland Security (DHS) until May 10, 2016, to correct the procedural defects to its STEM OPT rule. The prior deadline had been February 12, 2016, to...more

Breaking Immigration News: F-1 OPT STEM Decision Extended Until May 10, 2016; Gives DHS Additional Time to Implement Final Rule

On January 23, 2016, Judge Huvelle of the U.S. District Court for the District of Columbia granted a motion to extend the current stay of her prior order which will allow the Department of Homeland Security (DHS) to utilize...more

Good News for F-1 International Students: STEM OPT Authorization Allowed Beyond February 12

Federal court rules to allow limited relief of court’s order to May 10, 2016. On January 23, Federal Court Judge Ellen Segal Huvelle granted a request by the US Department of Homeland Security (DHS) to delay the possible...more

High-Skilled Foreign Workers: New Rules From USCIS on H-1B Work Visas, AC21, I-140 Petitions and EADs

The long-awaited proposed rule — “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” (aka I-140/AC21/EAD Proposed Rule) — was published in the Federal...more

DHS Proposes New Rule for Increased Job Flexibility: Part 1

On December 31st, the Department of Homeland Security issued a proposed rule addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants. The new rule proposes to amend...more

DHS Proposes Rule Affecting Certain Employment-Based Immigrant and Nonimmigrant Applications

On December 31, 2015, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register, entitled “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled...more

Immigration Law Updates - January 5, 2016

Following are recent and/or anticipated changes to United States immigration laws, which may impact our clients: Proposed Changes to the Visa Waiver Program Following Terror Concerns - In the aftermath of the Paris...more

Final Reminder: Employers Using E-Verify: Get Ready to Download Your “Historic Records Report” by Year-End

U.S. employers enrolled in E-Verify -- the electronic system of employment eligibility verification -- should prepare to download and preserve all E-Verify data submitted to U.S. Citizenship and Immigration Services (USCIS)...more

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

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

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

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

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

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

Employers Using E-Verify: Get Ready to Download Your “Historic Records Report” by Year-End

U.S. employers enrolled in E-Verify -- the electronic system of employment eligibility verification -- should prepare to download and preserve all E-Verify data submitted to U.S. Citizenship and Immigration Services (USCIS)...more

EB-5 Legislative Update

While the 10,000 visas that have been set aside for the EB-5 foreign investor program are part of the permanent law, the regional center program, which allows businesses and developers to aggregate the investment proceeds for...more

State Department Revises October 2015 Visa Bulletin

The U.S. Department of State (“DOS”) just issued a revised October 2015 Visa Bulletin. As we noted in our last Alert, the DOS recently changed the format of its Visa Bulletin to add cutoffs for application dates. These are...more

Client Alerts Update: Filing Date Retrogression: U.S. Department of State Releases Revised Visa Bulletin for October 2015

On September 25, 2015, the U.S. Department of State (DOS) released a revised Visa Bulletin for October 2015. This bulletin supersedes the October 2015 bulletin originally published on September 9, 2015. Following...more

White House Report Offers Roadmap for Modernizing & Streamlining the U.S. Immigration System

On July 15, 2015, in an action that sought to confront a number of the U.S. legal immigration system’s lingering problems, the White House issued a report entitled “Modernizing & Streamlining Our Legal Immigration System for...more

Department of State and Department of Homeland Security Announce a Major Change to the Visa Bulletin

On September 9, 2015, the Department of State and Department of Homeland Security, acting through United States Citizenship and Immigration Services, announced that they were significantly revising Visa Bulletin procedures....more

White House Report Offers Ideas for Streamlining, Improving Immigration System

The White House, in concert with the Secretary of State and U.S. Department of Homeland Security (DHS), has issued a report that proposes ways improve the legal immigration process. The report, Modernizing & Streamlining Our...more

Obama Proposal Would Allow More Illegal Aliens to Stay in US While Seeking Legal Status

A proposal by President Barack Obama would expand the number of illegal aliens who are permitted to remain in the United States while applying for legal status. Federal law currently requires aliens who entered the country...more

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