News & Analysis as of

Department of Homeland Security Visas

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 -

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

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...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

Termination of TPS for El Salvador

by Mintz Levin on

On January 8, 2018, the Secretary of the Department of Homeland Security (DHS) announced the decision to terminate Temporary Protected Status (TPS) designation for El Salvador. TPS provides a temporary legal basis to remain...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

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

DHS Releases Regulatory Agenda for 2018 - Major Changes Possible for H-1B, H-4, and F-1 Visa Holders

by Seyfarth Shaw LLP on

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

Department Of Homeland Security To Tighten H-1B And Other Regulations

by Jackson Lewis P.C. on

The Trump Administration’s Unified Agenda of Federal Regulatory and Deregulatory Actions for the DHS contains close to 60 items. Published in the spring and fall, the Unified Agenda gives information about regulations that...more

Trump Administration Announces New Restrictions for Visa Waiver Program

On December 15, 2017, the U.S. Department of Homeland Security (DHS) announced that it would implement enhanced security measures for the Visa Waiver Program as part of the administration’s ongoing counterterrorism...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

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

Global IT Company Settles Years of Federal and State Immigration Investigations - $24 Million in Fines Paid.

Infosys, a global consulting and IT services company, with operations in 45 countries, recently reported an agreement with the State of New York to settle allegations that Infosys failed to pay hundreds of foreign workers who...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

Proposed Framework for EB-5 Reform – Headed for Omnibus in December?

With all eyes in Washington focused on tax reform, let’s not forget that there is a hard deadline approaching to address funding of federal activities with the current continuing resolution (CR) set to expire soon. The CR has...more

Targeted ICE Investigations ~ in it for the Long Haul with Record $95 Million Plea Deal for I-9 Violations

by Seyfarth Shaw LLP on

Following a six year investigation, the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) unit issued a statement confirming a guilty plea on September 28, 2017 by Asplundh Tree Experts,...more

President Trump’s Third, Indefinite Travel Ban Takes Blows from Courts

by Dickinson Wright on

Federal judges in Hawaii and Maryland have temporarily blocked the implementation of President Trump’s most recent travel ban, which was issued by Presidential Proclamation on September 24, 2017 (Proclamation) and set to take...more

Trump’s Third Travel Ban Suspended In Part

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Federal judges in Hawaii and Maryland have issued orders blocking major portions of President Trump’s September 24, 2017 Presidential Proclamation....more

DHS Uses the Power of Policy to Alter Immigration Without Legislation

Efforts to reform our nation’s immigration system through legislation are frequently contentious and can become embroiled in larger legislative debates that make the passage of a bill into law a complicated process and,...more

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Cybersecurity

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