Department of Homeland Security Visas

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

Lawsuits Question Procedure and Substance of H-1B Lottery

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa...more

DHS Announces Changes to Benefit Undocumented Immigrants

On July 29, 2016 the Department of Homeland Security announced a final rule that expands eligibility or a provisional waiver of unlawful presence, (‘‘provisional waiver’’). For readers who are unfamiliar with the provisional...more

DHS Expands the Provisional Unlawful Presence Waiver

Today, The U.S. Department of Homeland Security (DHS) finalized a rule that expands eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The provisional unlawful presence waiver...more

Department of Homeland Security Now Accepting Comments on Its Proposed Filing Fee Increase

Earlier this month, the Department of Homeland Security (DHS) issued notice of a proposed rule that would update the application fee schedule for U.S. Citizenship and Immigration Services (USCIS), noting an overall...more

Department of Homeland Security Proposes USCIS Fee Increases

The United States Department of Homeland Security (DHS) has proposed increasing the fees that United States Citizenship and Immigration Services (USCIS) charges for certain immigration and naturalization filings. The proposal...more

New Rules for Employers of F-1 STEM OPT Graduates

The U.S. Department of Homeland Security (DHS) announced the release of a new rule governing the STEM Optional Practical Training (OPT) program. Under the rule, qualifying F-1 graduates of Science, Technology, Engineering and...more

New STEM OPT Extension Rule Brings Welcomed Relief to Employers and International Students

On March 9, 2016, U.S. Department of Homeland Security (DHS) released an advance copy of the final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, or...more

The Department of Homeland Security Previews Final Rule Governing STEM OPT

Yesterday, March 9, 2016, the Department of Homeland Security previewed the final rule governing STEM OPT, to be released on Friday. This rule is effective May 10, 2016, except the addition of 8 CFR 214.16, which is effective...more

DHS Tests Known Employer Program for Certain Immigration Petitions

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program intended to streamline the employment-based immigration process in certain visa categories. The program will modify the process U.S....more

DHS Announces New Travel Regulations under Visa Waiver Program to Include Libya, Somalia, and Yemen

The U.S. Department of Homeland Security issued a statement on February 18, 2016 on the implementation of additional changes to the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 for the countries...more

Update to Visa Waiver Program Restrictions

In a blog that we posted just a few weeks ago, I wrote “Beginning in late 2015, individuals who have been present in Iraq, Syria, Iran, or Sudan (or other countries designated by the Department of Homeland Security (“DHS”) as...more

Visa-Waiver Program Further Restricted for Travelers of Libya, Somalia, and Yemen

In an update to our post from January 25, 2016, the U.S. Department of Homeland Security on Thursday further restricted visa-free travel to the U.S. for people who have traveled to Libya, Somalia, and Yemen. If visited in the...more

A Preview of Business Immigration in 2016: OPT (Part 2/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

U.S. Department of State Implements Visa Waiver Program Entry Restrictions

The budget bill, which was signed into law in December, disallows “Visa Waiver” entries for nationals of Iran, Iraq, Syria or Sudan (whether or not they have ever visited those countries) and persons from any country who have...more

DHS Issues New Regulations for Certain Highly Skilled Workers

On Friday, January 15, 2016, the U.S. Department of Homeland Security published a final rule—Enhancing Opportunities for H–1B1, CW–1, and E–3 Nonimmigrants and EB–1 Immigrants—in the Federal Register. The new regulations,...more

DHS Posts Final Rule to Amend Regulations for H-1B1 and E-3 Nonimmigrant Classifications

On Friday, January 15, 2016, the Department of Homeland Security (DHS) posted to the Federal Register the final rule revising regulations affecting highly skilled workers in the nonimmigrant classifications for specialty...more

DHS Publishes Final Rule Regarding Certain Immigrant and Nonimmigrants

On January 15, 2016, the Department of Homeland Security (DHS) published a final rule in the Federal Register, amending its regulations relating to the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and...more

Proposed Rule Would Expand Cap Exempt Status for Non-Profit Entities that are 'Related or Affiliated' with Institutions of Higher...

On December 30, 2015, the Department of Homeland Security (DHS) issued a proposed rule to amend certain regulations related to employment-based immigrant and nonimmigrant visa programs. One of the key proposed changes is an...more

How the Terrorist Attacks in Paris Have Affected International Travel, and What is to Come

Many witnessed increased security over the holidays at airports, train stations and public venues. The planner of the Paris attacks boasted about the freedom of travel through Europe, and the attackers held nationalities of...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

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

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

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