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Department of Homeland Security (DHS) United States Citizenship and Immigration Services Trump Administration

DirectEmployers Association

OFCCP Week In Review: April 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Jackson Lewis P.C.

DHS Secretary Orders Discontinuation of Mass Worksite Enforcement Operations

Jackson Lewis P.C. on

Secretary of the Department of Homeland Security (DHS) Alejandro N. Mayorkas has issued a policy directive to immediately discontinue mass worksite enforcement operations. These involve large-scale law enforcement...more

Gibney Anthony & Flaherty, LLP

Court Vacates Rule Favoring High-Wage Earners in H-1B Cap Selection Process

A federal district court has struck down a legacy Trump administration rule that would have replaced the annual H-1B cap lottery with a scheme to favor high-wage earners. If implemented, the rule would have adversely...more

Miles & Stockbridge P.C.

Update: Business Immigration and the Biden Administration

In February, we outlined some immediate and anticipated changes in the business immigration environment after the Biden Administration took office. Now that several months have passed and the Administration has had time to...more

Gibney Anthony & Flaherty, LLP

USCIS and State Department Take Action to Improve Access to Immigration Benefits

Early in its tenure, the Biden Administration issued an executive order directing the State Department and the Department of Homeland Security (DHS) to identify barriers that impede access to immigration benefits and the...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

Jackson Lewis P.C.

DED For Venezuelans; TPS Next?

Jackson Lewis P.C. on

On January 19, 2021, just before the end of his term, President Donald Trump issued a memorandum granting Deferred Enforced Departure (DED) for certain Venezuelans for a period of eighteen months. DED is a humanitarian grant...more

Miles & Stockbridge P.C.

Business Immigration and the Biden Administration

The first two weeks of the Biden Administration have seen a flurry of activity indicating it will move away from the more restrictive immigration environment of the Trump era, including for employment-based immigration...more

Dunlap Bennett & Ludwig PLLC

DACA Renewed…For Now

DACA, an acronym for Deferred Action for Childhood Arrivals, is a policy that protects around 800,000 young people — known as “DREAMers” — who entered the United States unlawfully as children. The program does not grant them...more

Miles & Stockbridge P.C.

New Regulation Replaces H-1B Random Selection with Wage-Based Selection

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random...more

Tarter Krinsky & Drogin LLP

Federal Courts Reverse And Invalidate Administration Policies Concerning Deferred Action For Childhood Arrivals And The Definition...

On Friday, December 4, 2020, a federal judge ordered the U.S. Department of Homeland Security (DHS) to reopen the Deferred Action for Childhood Arrivals (DACA) program to new applicants for the first time since 2017. This...more

Womble Bond Dickinson

Judge Rules Against Another Attempt by Trump to Restrict Legal Immigration

Womble Bond Dickinson on

The courts dealt another blow to the Trump administration's continued efforts to restrict immigration this week, providing relief for companies looking to fill and retain critical positions with foreign talent. On Tuesday,...more

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on

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

Littler

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

CDF Labor Law LLP

District Court Strikes Trump Administration H-1B Wage Regulations

CDF Labor Law LLP on

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program.  These rules sought to restrict access to H-1B visas by redefining the...more

Fisher Phillips

Federal Court Strikes Down Trump Administration’s DACA Rollback, But Immigration Officials Show No Signs of Compliance

Fisher Phillips on

A federal judge recently struck down the Trump administration’s recent efforts to significantly restrict the Deferred Action for Childhood Arrivals (DACA) program, which provides protection from deportation for approximately...more

Harris Beach PLLC

Radical Change to H-1B Lottery Process Proposed by Trump Administration

Harris Beach PLLC on

On November 2, 2020, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) to effectively end the random H-1B visa lottery selection process used when U.S. Citizenship and Immigration...more

Vinson & Elkins LLP

New H-1B Rules Face An Uncertain Future

Vinson & Elkins LLP on

One of the parlor games that labor and employment specialists engage in is to try to guess what a new and incoming administration will mean for our area of practice. And no doubt, we will be doing that during the next couple...more

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

DHS Proposes Shift to Wage-Based H-1B Selection Process

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations...more

Constangy, Brooks, Smith & Prophete, LLP

The H-1B Cap Lottery May Change To Favor The Highest Paid Foreign Nationals

On Monday, the U.S. Department of Homeland Security issued proposed regulations that would amend the H-1B cap registration selection process by replacing the current random process with one based on wage levels. The proposed...more

DirectEmployers Association

OFCCP Week In Review: November 2020

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Dickinson Wright

All Aboard the U.S. Immigration Merry-Go-Round!

Dickinson Wright on

It’s becoming clichéd at this point to start off saying that 2020 has been an almost unbelievably, non-stop, surprise-filled year, in nearly all aspects of our lives. That’s particularly true for US immigration, but not...more

Robinson+Cole Manufacturing Law Blog

Manufacturers Fighting Disruptive Immigration Reform

The National Association of Manufacturers (NAM), along with several prominent business organizations, filed a lawsuit in federal court to stop the Department of Homeland Security’s (DHS) regulations governing the H-1B...more

Jackson Lewis P.C.

Department Of State Proposes To End B-1 In Lieu Of H-1B Visa

Jackson Lewis P.C. on

The B-1 in lieu of H-1B visa has been used by international companies to bring employees who remain on payrolls abroad to the United States for short periods of time (generally fewer than six months) to do professional level...more

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

USCIS to Expand Premium Processing Program, Increase Fee Rates

On October 1, 2020, President Donald Trump signed into law a stopgap spending measure to fund the U.S. government through December 11, 2020. The spending measure includes a provision titled “Emergency Stopgap USCIS...more

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