News & Analysis as of

Department of Homeland Security United States Citizenship and Immigration Services

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 -

DACA Renewals in the Wake of the Federal Court Preliminary Injunction

by Wilson Elser on

Deferred Action for Childhood Arrivals (DACA) allows prosecutorial discretion to defer a deportation action of undocumented individuals brought to the United States as children. While it does not confer legal status and may...more

Federal Agencies Issue Contingency Plans As Government Shutdown Looms

by Littler on

Unless Congress can finalize a budget by midnight tonight (January 19), the federal government will be forced to shut down due to a lack of appropriations. On Thursday evening, the House of Representatives passed a...more

What A Government Shutdown Would Mean For Employers

by 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

Immigration Weekly Round-Up: White House Immigration Meeting Ends in Expletives, Visa Extensions for Skilled Immigrants Expected...

After a holiday break, the Weekly Round-Up is back, and just in time for a week in which immigration news filled the headlines. White House Immigration Meeting Ends in Vulgarity - On Thursday, Congressional Democrats...more

Immigration Update - I-9 Audits and Even ICE Site Visits Return with a Vengeance

by Poyner Spruill LLP on

Acting ICE Director Thomas Homan: “ [Our] clear message to employers who scheme to hire and retain a workforce of illegal immigrants: we will find you and hold you accountable”...more

Developments Relating to DACA and TPS

by Clark Hill PLC on

This week has seen two significant developments affecting hundreds of thousands of noncitizens afforded protection from deportation under the Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS)....more

TPS Ending For El Salvador, Haiti & Nicaragua, And A Short Reprieve For Hondurans Still Waiting To Know Their Fate - Now What?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Homeland Security ends Temporary Protected Status for El Salvador, Nicaragua, and Haiti, affecting close to 300,000 individuals. Employers should be prepared to handle the influx of work...more

Rumored Changes To The H Visa Category

by Dickinson Wright on

Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more

Trump Administration Rumored to Be Looking at H-1B Extensions Under AC21

Recently, we have seen several news stories discussing a rumored government proposal to eliminate H-1B extensions beyond the standard six-year limit. No such action has yet been taken, and to date H-1B visa holders may...more

The Uncertainty of the Future of H-1B Visas Deepens

by Williams Mullen on

As part of President Trump’s “Buy American, Hire American” initiative, the Department of Homeland Security (DHS) is reportedly considering new regulations that would eliminate the ability of certain H-1B workers who are in...more

Department of Homeland Security Plans to End Employment Eligibility of Spouses of Highly Skilled Foreign Workers

For years, the spouses of highly skilled foreign workers holding visas under the H-1B program weren’t authorized to work in the United States, absent separate approval through a separate program. However, in 2015, the...more

Possible Changes to H-1B Extension Rules and Their Potential Implications

by Littler on

According to a news report, the Department of Homeland Security (DHS) is considering ending the ability to extend H-1B visas beyond the six-year limit of authorized stay. ...more

Ugly Rumors

by Fox Rothschild LLP on

The American Competitiveness in the Twenty First Century Act of 2000 (AC21) has provisions that extend H-1B visas beyond the 6–year limit for those in the process of becoming US lawful permanent residents. AC21’s Section...more

New Year’s Resolution: Overcoming H-1B RFEs in 2018

by Miles & Stockbridge P.C. on

As mentioned in our last blog post, H-1B petitions filed during 2017 were subjected to a dramatic and unprecedented increase in scrutiny by the U.S. Citizenship and Immigration Service (“USCIS”). As a result, thousands of...more

USCIS to Rescind Work Authorization Rule for H-4 Spouses

On December 14, 2017, the Department of Homeland Security announced that it is preparing proposed regulations eliminating United States work authorization for certain holders of H-4 visas, a derivative visa classification...more

Employment Authorization Benefits for H-4 Spouses at Risk

by McNair Law Firm, P.A. on

Qualifying dependent spouses of certain H-1B visa holders (H-4 spouse) have enjoyed the benefits of applying for work authorization since 2015 when the United States Citizenship and Immigration Services (USCIS) implemented a...more

The Future of H-1B Visas May Be Scrooged

by Williams Mullen on

The H-1B visa program allows companies in the United States to temporarily employ foreign workers in “specialty occupations.” In recent months, several changes to the program have either been announced or proposed, with...more

US to Begin Accepting Applications Under the International Entrepreneur Rule

by Morgan Lewis on

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

Status Of International Entrepreneur Rule on Tenuous Ground, But USCIS To Begin Accepting Applications

by Jackson Lewis P.C. on

The DHS is giving with one hand and taking with the other. In response to the December 1, 2017 federal court ruling in National Venture Capital v. Duke, the DHS is complying and implementing the International Entrepreneur...more

Sixty-Day Grace Period for Nonimmigrant Workers after Loss of Employment

by Wilson Elser on

The U.S. Department of Homeland Security has promulgated a regulation affecting highly skilled foreign workers when they lose their jobs. The stated purpose of the regulation is to improve the ability of U.S. employers to...more

Immigration Weekly Round-Up: Immigration Arrests Rise, Senate Bill Ties DACA to Increased Border Enforcement, and Higher Scrutiny...

Immigration Arrests Increase While Deportations Decrease - On Tuesday, December 5, the Department of Homeland Security (DHS) released their year-end immigration enforcement numbers. Immigrations and Customs Enforcement...more

DHS to Terminate Temporary Protected Status for Haitians in 18 Months

On November 20, 2017, Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Haiti with a delayed effective date of 18 months to allow for an...more

Employers: Beware of Form I-9 Email Scam

In a statement released yesterday, the Department of Homeland Security (DHS) warned that employers across the United States have been receiving scam emails requesting information from and copies of the Form I-9, Employment...more

Can They Really Do That?

by Womble Bond Dickinson on

Best Practices for Managing U.S. Border Searches of Electronic Devices - Effective October 18, 2017, the U.S. Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs...more

H-1B Work Site Visits Expected To Increase: What Employers Need To Know

by Fox Rothschild LLP on

On October 20, 2017, the Department of Homeland Security Office of the Inspector General issued Report OIG-18-03, “USCIS Needs a Better Approach to Verify H-1B Visa Participants”, targeting fraud in immigration processes,...more

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