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Biden Directs Review Of Immigration Policies, Seeks To Reduce Unnecessary Barriers

On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs...more

Proposed H-4 EAD Rule Withdrawn For Review

On January 25, 2021, the Biden administration withdrew from review the Trump administration’s proposed rule that would have rescinded the H-4 EAD program. For close to five years, spouses of H-1B workers holding H-4 EADs...more

DHS Announces New Procedure For DACA Recipients

On January 4, 2021, DHS announced that for I-9 purposes, Deferred Action for Childhood Arrivals (DACA) recipients may present an unexpired Employment Authorization Document (EAD) with Code C33 issued on or after July 28,...more

DHS Announces Extension Of TPS For El Salvador, Haiti, Honduras, Nepal, Nicaragua, Sudan

The Department of Homeland Security (DHS) announced a further extension of status and work authorization until October 4, 2021, for Temporary Protected Status (TPS) beneficiaries from El Salvador, Haiti, Honduras, Nepal,...more

Judge Strikes Down Administration Rules Restricting Employers’ Use Of Visas

On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B...more

Proposal To Prioritize H-1B Petitions With Highest Wage Levels

Having instituted a new on-line registration process for Cap H-1B petitions last year, on November 2, 2020, the Department of Homeland Security (DHS) issued a notice of proposed rulemaking to replace the random selection...more

Suits Challenge New Rules On H-1B And PERM Labor Certification Programs

Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the...more

New H-1B Rule Will Increase Denial Of Petitions, DHS Says

The Department of Homeland Security (DHS) has released yet another rule that will make it harder and more costly for U.S. companies to employ highly skilled workers. As a companion regulation to the “Strengthening Wage...more

DHS May Resume Public Charge Rule, Federal Appeals Court Rules

The Department of Homeland Security (DHS) may resume implementation of the new Public Charge Rule, the U.S. Court of Appeals for the Second Circuit has ruled. The factors that are considered under the new Public Charge...more

I-9 Flexibility Continued For Another 60 Days, Until November 19, 2020

Days before the upcoming deadline, ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 60 days (instead of just 30 days), until November 19,...more

Federal Appellate Court Upholds End Of Temporary Protected Status For El Salvador, Nicaragua, Sudan

The Trump Administration’s effort to end Temporary Protected Status (TPS) for approximately 250,000 people from El Salvador, Nicaragua, and Sudan has been upheld in a split ruling from U.S. Court of Appeals for the Ninth...more

Relaxed H-2A Rules Continue

Due to the continuation of the COVID-19 national emergency, the Department of Homeland Security (DHS) has decided to continue its temporary loosening of H-2A rules to make it easier to employ temporary, seasonal agricultural...more

Current Beneficiaries May Renew DACA Status While Program Undergoes Review, Administration Announces

In response to the June 2020 U.S. Supreme Court decision that the DACA program had not been properly terminated by the Trump Administration, President Donald Trump has announced he will be instituting a comprehensive review...more

I-9 Inspection And Return-To-Work Issues

The Department of Homeland Security’s COVID-19 flexibility regarding the physical presence requirements for I-9 inspection ends on July 19, 2020, for companies that are still operating 100-percent remotely. Unless further...more

U.S. Supreme Court Rules Deferred Action For Childhood Arrivals Program May Continue

In a 5-4 decision written by Chief Justice John Roberts, the U.S. Supreme Court has ruled that the Administration acted improperly under the Administrative Procedures Act (APA) in terminating the Deferred Action for Childhood...more

I-9 Compliance Flexibility Extended To July 19

The Department of Homeland Security (DHS) once again is extending its flexibility regarding the physical presence requirements for I-9 inspection for another 30 days until July 19, 2020, due to the ongoing precautions related...more

Review Of Trump Administration Shifting Position(s) On H-4 EAD Rule

It has been five years since Save Jobs USA, a group of technology workers who claim to have been displaced by foreign nationals with H-4 EADs challenged the Obama Administration’s authority to enact the H-4 EAD Rule. In the...more

DHS Issues Temporary Rule For Employers In Food Processing Industry On H-2B Workers

The Department of Homeland Security announced that on May 14, 2020, a new temporary rule will go into effect giving employers in the food processing industry more flexibility to hire H-2B workers who are essential to...more

DHS Prepares To Loosen H-2A Rules Temporarily During COVID-19 Crisis

Recognizing that current travel restrictions and the closure of consulates and embassies abroad has made it nearly impossible to bring new H-2A workers to the United States, the Department of Homeland Security (DHS) is...more

Department Of Homeland Security: Temporary Flexibility For Employers’ I-9 Compliance

The Department of Homeland Security (DHS) has announced that, because of the National Emergency due to the coronavirus (COVID-19) pandemic, employers may temporarily inspect Form I-9, Employment Eligibility Verification,...more

National Emergency Prompts DHS To Announce Temporary Flexibility For Employers’ I-9 Compliance

The Department of Homeland Security (DHS) announced flexibility regarding Employment Verification (Form I-9) regulations due to COVID-19. Recognizing that companies and organizations are having to temporarily shift to a...more

Poland To Become Latest Addition To Visa Waiver Program

Poland will become the 39th member of the Visa Waiver Program (VWP) on November 11, 2019. Polish citizens and nationals will be able to apply to travel to the United States for tourism or business purposes for up to 90...more

Temporary Protected Status For El Salvador Extended

Temporary protected status (TPS) for El Salvadorans in the U.S. has been extended through January 4, 2021, under an agreement with El Salvador, the Department of Homeland Security announced on October 28, 2019. There are...more

Temporary Protected Status Extended To 2020 For El Salvador, Haiti, Nicaragua, Sudan

TPS employment authorization has been extended automatically until January 2, 2020, for beneficiaries from El Salvador, Haiti, Nicaragua, and Sudan. In October 2018, a preliminary injunction was issued in Ramos v. Nielsen,...more

DHS Issues New Guidance On Temporary Protected Status For El Salvador, Haiti, Nicaragua, Sudan

Following Judge Edward Chen’s preliminary injunction blocking the termination of TPS status for beneficiaries from El Salvador, Haiti, Nicaragua, and Sudan, the DHS has issued guidance regarding its compliance with that...more

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