On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more
10/25/2023
/ Department of Homeland Security (DHS) ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Regulation ,
Specialty Occupations ,
USCIS ,
Visa Caps ,
Visas
On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more
12/3/2020
/ Chamber of Commerce ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Domestic Hiring Policy ,
E-3 ,
Foreign Workers ,
Good Cause ,
H-1B ,
H-1B1 ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration and Nationality Act ,
Immigration Procedures ,
Immigration Reform ,
Motion to Set Aside the Verdict ,
PERM ,
Trump Administration ,
USCIS ,
Visas
Seyfarth Synopsis: The Supreme Court’s decision clears the path for DHS/USCIS to implement its Public Charge final rule, which requires employers and employees to disclose receipt of certain public benefits in...more
2/3/2020
/ Appeals ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v New York ,
Foreign Nationals ,
Green Cards ,
Immigration Procedures ,
Immigration Reform ,
Pending Litigation ,
Preliminary Injunctions ,
Proposed Rules ,
Public Charge ,
Residency Status ,
SCOTUS ,
Trump Administration ,
Updated Forms
Seyfarth Synopsis: On January 31, 2019 DHS published the final rule for the electronic pre-registration of H-1B cap petitions and changed the order of selection of filings. ...more
2/1/2019
/ Department of Homeland Security (DHS) ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Registration Requirement ,
Regulatory Requirements ,
USCIS ,
Visas
Seyfarth Synopsis: The Department of Homeland Security (DHS) published its regulatory plan for 2018, which aligns with President Trump’s Executive Order, Buy American Hire American.
...more
12/20/2017
/ Buy America ,
Department of Homeland Security (DHS) ,
Employment Eligibility Verification ,
Executive Orders ,
F-1 Visa ,
Foreign Workers ,
H-1B ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Immigration Reform ,
Trump Administration ,
Visas
Seyfarth Synopsis: Federal judges in Hawaii and Maryland have issued orders blocking major portions of President Trump’s September 24, 2017 Presidential Proclamation....more
10/20/2017
/ Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Visas
Seyfarth Synopsis: Country-specific travel restrictions will impact nationals of Iran, Libya, Syria, Yemen, Somalia, Chad, North Korea, and Venezuela....more
9/26/2017
/ B-1 ,
B-2 ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Visas
Seyfarth Synopsis: The Department of Homeland Security (DHS) to terminate the Deferred Action for Childhood Arrivals (DACA) program.
"Congress, get ready to do your job - DACA," tweets President Trump on Tuesday morning. ...more
9/6/2017
/ DACA ,
Department of Homeland Security (DHS) ,
Deportation ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Obama Administration ,
Path To Citizenship ,
Proposed Legislation ,
Trump Administration ,
USCIS
Seyfarth Synopsis: On May 25, 2017, the U.S. Court of Appeals for the 4th Circuit ruled that President Trump’s travel ban should remain on hold, upholding a preliminary injunction issued in March 2017 by a lower court....more
6/8/2017
/ Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Visas
Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more
4/25/2017
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
E-Verify ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Government Shutdown ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Labor Condition Applications ,
Popular ,
USCIS ,
Visas
Seyfarth Synopsis: Federal judges from Hawaii and Maryland have issued nationwide Temporary Restraining Orders (TROs) effectively blocking the implementation of the Trump administration’s revised travel ban, which was...more
3/17/2017
/ Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
International Travel ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
TRO ,
Trump Administration ,
Vetting ,
Visa Interview Waiver Program (VIWP) ,
Visas
Seyfarth Synopsis: On March 6, 2017, President Trump signed a new Executive Order temporarily restricting certain foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen from entry into the United States for 90...more
3/8/2017
/ Department of Homeland Security (DHS) ,
Dual Citizenship ,
Executive Orders ,
Exemptions ,
Foreign Nationals ,
Immigration Reform ,
International Travel ,
Lawful Permanent Residents ,
Non-Immigrant Visas ,
Travel Ban ,
Trump Administration ,
USCIS ,
Visa Waiver Program
Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration....more
2/3/2017
/ Adjustment of Status ,
Citizenship ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Dual Citizenship ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
H-1B ,
Immigration Procedures ,
Immigration Reform ,
Lawful Permanent Residents ,
Non-Immigrant Visas ,
Passports ,
Screening Procedures ,
Travel Ban ,
Travel Delays ,
Trump Administration ,
Vetting
Seyfarth Synopsis: On January 25, 2017, President Trump signed two Executive Orders, one focusing on border security and the construction of a physical wall along the southern border and another focusing on improving public...more
1/30/2017
/ Border Agents ,
Border Security ,
Department of Homeland Security (DHS) ,
Deportation ,
Detention ,
Executive Orders ,
Federal Grants ,
Immigration and Nationality Act ,
Immigration Reform ,
Penalties ,
Recalcitrant Countries ,
Sanctuary Cities ,
Trump Administration ,
US-Mexico Border Wall
Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers.
On January 17, 2017, the Department of...more
12/5/2016
/ Department of Homeland Security (DHS) ,
E-1 ,
E-2 ,
E-3 ,
Employment Authorization Documents (EAD) ,
Form I-140 Petitions ,
Grace Period ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration and Nationality Act ,
L-1 ,
O-1 Aliens of Extraordinary Ability ,
Portability ,
TN-Visas ,
USCIS
Seyfarth Synopsis in a Second: Visa Waiver Program travelers to the U.S. must now possess an e-Passport.
The U.S. Department of Homeland Security (DHS) has announced that effective April 1, 2016, in accordance with the...more
On Thursday, March 10, the Department of Homeland Security (“DHS”) published the long-anticipated final STEM Optional Practical Training (“OPT”) rule in the Federal Register. The final rule will take effect on May 10, 2016. ...more
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
The Department of Homeland Security (“DHS”) and Department of State (“DOS”) announced immediate implementation of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. Under the Act, certain...more
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
10/22/2015
/ Accreditation ,
Comment Period ,
Department of Education ,
Department of Homeland Security (DHS) ,
E-Verify ,
Eligibility ,
Employment Authorization Documents (EAD) ,
Foreign Students ,
Form F-1 ,
Mentors ,
OPT ,
Proposed Regulation ,
STEM ,
Time Extensions ,
Training Requirements ,
Visas
The Department of Homeland Security (DHS) sent its proposed regulation on the STEM Optional Practical Training (OPT) program to the Office of Management and Budget (OMB) this week. A notice of proposed rulemaking (NPRM) is...more
10/9/2015
/ Department of Homeland Security (DHS) ,
Executive Orders ,
Form F-1 ,
H-1B ,
Highly-Skilled Workers Visa ,
Lottery ,
NPRM ,
OMB ,
OPT ,
STEM ,
Visa Caps
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
On Wednesday, August 12, 2015, U.S. District Court Judge Ellen Huvelle of the District of Columbia vacated the Department of Homeland Security’s (DHS) 2008 rule allowing F-1 students in the U.S. with college-level degrees in...more