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DHS Proposes ‘Modernizing’ H-1B Specialty Occupation Worker Program

The US Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) with respect to the regulations governing the H-1B nonimmigrant visa classification. The proposed rule seeks to improve the...more

DHS Announces New Form I-9 and Document Verification Guidelines

The US Department of Homeland Security (DHS) announced on July 21, 2023 the modernization of the I-9 process following the COVID-19 pandemic, including through new guidelines expanding the use of E-Verify, the DHS’s...more

Nonimmigrant Visa Interview Waivers Expanded; Travel Bans From African Countries Revoked

In recent US immigration developments, the Department of State has authorized consular offices to forgo the in-person interview requirement for some nonimmigrant visa applicants. Further, President Joseph Biden has revoked...more

Immigration and Customs Enforcement Further Extends COVID-19 Related I-9 Compliance

US Immigration and Customs Enforcement (ICE) has extended a policy permitting acceptance of remote employment eligibility verification in limited circumstances through December 31, 2021. On August 31, the day the current...more

US Supreme Court Blocks DACA Rescission, for Now

In a landmark 5–4 decision issued June 18, the US Supreme Court held that the Department of Homeland Security’s rescission of the Deferred Action for Childhood Arrivals (DACA) program was unlawful agency action....more

Federal Courts Halt New Public Charge Rule

The US District Court for the Southern District of New York on October 11 enjoined and halted enforcement of the new public charge rule that was due to become effective October 15, 2019. The court not only enjoined the US...more

USCIS to Implement New Public Charge Rule; White House Introduces Health Insurance Requirement for Immigrant Visa Applicants

The US Citizenship and Immigration Services (USCIS) is preparing to implement a new rule next week that makes it more difficult for foreign nationals to extend their stay in the country or receive permanent residence if they...more

New DHS 'Public Charge' Rule Could Have Employment-Based Implications

The US Department of Homeland Security makes it tougher for foreign nationals who have received public benefits to adjust, renew, or extend their status in the United States. Applicants can be refused temporary or permanent...more

US to Begin Accepting Applications Under the International Entrepreneur Rule

The US Citizenship and Immigration Services will accept applications to comply with a recent court order, but will work concurrently to publish rules to rescind the program entirely. ...more

President Trump Issues Executive Order with Revised Travel and Refugee Restrictions

Employers should plan to immediately cancel for at least 90 days all international travel by employees or individuals doing business with your company who will be subject to the travel ban, and prepare for potential...more

US Presidential Orders on Immigration: What Employers Need to Know

Issued and upcoming executive orders by President Trump will impact business immigration in addition to family immigration and refugee programs. On the evening of Friday, January 27, US President Donald Trump issued an...more

DHS Announces Final Rule on STEM OPT Employment Authorization

The final rule adds employer obligations to the STEM OPT program. The US Department of Homeland Security has released an advance version of its long-anticipated final rule that expands employment authorization for...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

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

Federal Court Vacates STEM Extension Program

Current STEM OPT holders not affected until February 2016. A federal judge's ruling earlier this month invalidated the 17-month extension of optional practical training (OPT) for international students in the science,...more

President Obama Announces Executive Actions on Immigration

The actions will prioritize immigration enforcement, offer temporary work authorization to undocumented immigrants, and implement changes that benefit highly skilled workers....more

Visa Waiver Travelers to Face Additional Security Screenings

The U.S. Department of Homeland Security will tighten screening measures on travelers who use the Visa Waiver Program in response to concerns over Islamist militants who hold U.S. or European passports....more

Homeland Security Issues Proposals to Attract/Retain Highly Skilled Immigrants

Proposed regulations would grant employment authorization to qualifying H-4 nonimmigrants; apply a 240-day extension of employment authorization to timely filed requests for extensions of stay for E-3, H-1B1, and CW-1...more

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