News & Analysis as of

Department of Homeland Security (DHS) Green Cards Trump Administration

Jackson Lewis P.C.

Officially Returning to Pre-2019 Public Charge Rule to Determine Admissibility

Jackson Lewis P.C. on

After years of litigation followed by uncertainty, the Department of Homeland Security (DHS) has taken the official action of issuing a new final rule that “restores the historical understanding of a ‘public charge’ that had...more

Jackson Lewis P.C.

Litigation Over H-4 EAD Rule Progresses

Jackson Lewis P.C. on

Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Now, the Biden Administration is representing the Department of Homeland...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Biden Administration Abandons Trump-Era Public Charge Rule

On March 9, 2021, the U.S. Department of Homeland Security (DHS) announced that the Biden administration would no longer enforce the 2019 public charge rule implemented by the Trump administration. DHS Secretary Alejandro N....more

Foley Hoag LLP - Medicaid and the Law

Revocation of the “Public Charge” Rule

Readers of our blog know that Haider, Alex and I have a longstanding interest in the intersection of health care law and immigration law. That’s important for our blog, especially because of the needs of the immigrant...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Invalidates Trump Administration Rules on H-1B visas and Employment-Based Green Cards

Key Points - DHS and DOL Interim Final Rules on H-1B visas and prevailing wage levels have been struck down by the Court. - Definition of “specialty occupation” and rules for third-party placement of H-1B employees...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration Introduces Major Changes to H-1B Visas and Employment-Based Green Cards

- DHS and DOL publish Interim Final Rules on H-1B visas and prevailing wage levels. - DHS tightens “specialty occupation” definition and restricts third-party placement of H-1B employees. - DOL significantly raises...more

Constangy, Brooks, Smith & Prophete, LLP

New Rules Will Make It Harder To Get H-1B Petitions Approved, Significantly Raise Required Wages For H-1Bs And Green Cards

Thursday, the Trump Administration published in the Federal Register two new Interim Final Rules designed to reduce significantly the number of H-1B workers in the United States. They are- •A rule from the U.S. Department...more

McCarter & English, LLP

A Rush To Rule: More Trump-Era Agency Actions Destined For A Loss In Federal Court

McCarter & English, LLP on

On Thursday, October 8, 2020, the U.S. Citizenship and Immigration Services (USCIS) published an interim final rule (IFR) that revised the definition of the term “specialty occupation” and placed additional restrictions on...more

Fisher Phillips

USCIS To Increase Filing Fees While The Latest Executive Order Demands H-1B Compliance

Fisher Phillips on

In the midst of the COVID-19 pandemic, the Trump administration continues to install stringent measures that will impact employers hiring foreign national temporary workers. Fee Increases - On July 31, the Department...more

McCarter & English, LLP

Another Day, Another Executive Order: Targeting Nonissues In H-1B Hiring Practices

On August 3, 2020, President Trump signed an executive order (“EO”) entitled “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.” Perhaps by design, it signals widespread review of the...more

Tarter Krinsky & Drogin LLP

New Executive Order Extends Travel Ban For Certain Visas

An executive order further limiting entry for nonimmigrant workers in H-1B, H-2B, L-1 and J-1 status (and their dependents) will take effect on June 24, 2020, at 12:01 am and will remain in effect through December 31, 2020. ...more

Parker Poe Adams & Bernstein LLP

COVID-19's Latest Impact on Business Immigration

President Donald Trump’s executive action putting a temporary hold on the entry of certain immigrants to the United States has so far had a limited impact on most business immigration. That is primarily because the majority...more

Holland & Hart LLP

What is the Impact of President Trump's Temporary Immigration Suspension?

Holland & Hart LLP on

In light of the impact of COVID-19 on the U.S. labor market, on Monday President Trump tweeted “I will be issuing a temporary suspension of immigration into the United States.” Yesterday, the President signed an Executive...more

Seyfarth Shaw LLP

U.S. Supreme Court Lifts Injunction, allowing DHS and USCIS to Implement Public Charge Final Rule

Seyfarth Shaw LLP on

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

Gibney Anthony & Flaherty, LLP

U.S. Supreme Court Allows DHS to Implement Public Charge Rule

On January 27, 2020, the U.S. Supreme Court granted the Trump administration’s request to lift the last remaining nationwide injunction blocking implementing of its public charge rule. The rule, initially published by the...more

Morgan Lewis

US Supreme Court Allows Public Charge Rule on Immigration to Move Forward

Morgan Lewis on

The US Supreme Court ruled on January 27 that the administration can begin to implement the public charge rule while the issue is still being litigated in the federal court system. ...more

Harris Beach PLLC

Proposed Fee Increase for Certain Visas Will Impact Immigration in 2020

Harris Beach PLLC on

On November 14, 2019 the Trump Administration proposed increasing the cost of filing many types of non-immigrant and immigrant visa applications. The proposed rule to implement these fees increases is currently open for...more

Akin Gump Strauss Hauer & Feld LLP

What's New in Washington - November 2019

Congress returns to Washington this week after the Thanksgiving recess to find a feast of leftover legislative items still on the table. Congress has a limited number of days remaining on the 2019 legislative calendar to...more

Clark Hill PLC

Window On Washington - Vol. 3, Issue 32

Clark Hill PLC on

Outlook for This Week in the Nation's Capital - Both the House and Senate are now in recess for August. The Window will be on hiatus until Congress returns and our next publication will be on September 9th unless the news...more

Akin Gump Strauss Hauer & Feld LLP

Immigration Policy Updates

Immigration continues to be a topic of discussion in Washington, and the landscape of immigration law may change, if members of Congress and the Administration can agree on bipartisan solutions. Below you will find a summary...more

Fox Rothschild LLP

Proposed Public Charge Rule Change

Fox Rothschild LLP on

On Saturday, September 22, 2018, the Trump administration announced the upcoming publication of a proposed rule designed to redefine a status known as “public charge” — a category used to determine whether someone seeking...more

Burr & Forman

Indian and Chinese Nationals Likely First to Be Affected by H-1B-Related Changes

Burr & Forman on

After months of anticipation, it appears the first major H-1B program-related change will be the recession of employment authorization for certain H-4 spouses. The change should have the largest effect on Chinese and Indian...more

Fisher Phillips

What A Government Shutdown Would Mean For Employers

Fisher Phillips on

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more

Davis Wright Tremaine LLP

Five Immigration To-Do’s for Employers in 2018

The White House and Department of Homeland Security have announced plans to change the legal immigration system in ways that could significantly impact employers with foreign workers who are managers, executives,...more

Sheppard Mullin Richter & Hampton LLP

The Latest Turn in the Travel Ban Road

A few weeks ago, we wrote about the latest district court decisions involving the President’s so-called travel ban, in which a Hawaii court fully enjoined the proclamation, while a Maryland court allowed it to stand as to...more

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