News & Analysis as of

Federal Register United States Citizenship and Immigration Services

Jackson Lewis P.C.

DHS to Propose Amending H-1B, F-1 Regulations

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) will soon be issuing a new proposed rule: Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program....more

Jackson Lewis P.C.

New Parole Process for Venezuelans

Jackson Lewis P.C. on

Venezuelans who entered the United States before March 8, 2021, are eligible for Temporary Protected Status (TPS). That has not stopped the flow of Venezuelans who are still coming to the land border and are being sent back...more

Tarter Krinsky & Drogin LLP

USCIS Announces 18-Month TPS Extension for Venezuelans; Eligibility Not Expanded

On July 11, 2022, U.S. Citizenship and Immigration Services (USCIS) announced the extension of its current Temporary Protected Status (TPS) program for Venezuelans residing in the U.S. as of March 8, 2021. The 18-month...more

Jackson Lewis P.C.

Afghanistan Temporary Protected Status Application Instructions To Be Issued

Jackson Lewis P.C. on

The Temporary Protected Status (TPS) grant for Afghanistan will go into effect on May 20, 2022, with publication of the notice in the Federal Register with instructions on how to apply for TPS and for Employment...more

Jackson Lewis P.C.

Ukraine, Sudan Temporary Protected Status Application Instructions Issued

Jackson Lewis P.C. on

Department of Homeland Security (DHS) has issued a Federal Register notice with instructions on how to apply for Temporary Protected Status (TPS) for both Ukraine and Sudan. Both designations run for 18 months, until October...more

Jackson Lewis P.C.

DHS on New Premium Processing

Jackson Lewis P.C. on

The Department of Homeland Security set out the specifics about the upcoming new premium processing benefits in the Federal Register on March 30, 2022. The details, however, did not include any specific implementation dates,...more

UB Greensfelder LLP

DHS Designates Afghanistan for Temporary Protected Status (TPS) for 18 Months

UB Greensfelder LLP on

The Department of Homeland Security (DHS) announced today the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. TPS will apply only to those Afghan nationals residing in the United States as of...more

Tarter Krinsky & Drogin LLP

Temporary Protected Status Updates – Ukraine and Sudan

Effective March 1, 2022, the United States government extended Temporary Protected Status to Ukrainians present in the United States and the relaxation of entry requirements for Ukrainian nationals. On March 3, 2022,...more

Tarter Krinsky & Drogin LLP

Biden Administration Expands STEM Fields Relating to Optional Practical Training for International Students

Effective January 21, 2022, the U.S. Department of Homeland Security updated and expanded the list of STEM fields of study falling within the regulatory definition of “STEM field.” The list, known as the “DHS Stem Designated...more

Rivkin Radler LLP

Biden Administration Announces New Policy to Attract and Retain Immigrants in STEM

Rivkin Radler LLP on

The Biden administration announced a series of administrative changes designed to strengthen the nation’s ability to attract global talent. The changes are also designed to strengthen our economy and technological...more

Jackson Lewis P.C.

Hong Kong Residents on U.S. Deferred Enforced Departure Can Apply for Employment Authorization

Jackson Lewis P.C. on

Instructions allowing Hong Kong Deferred Enforced Departure (DED) beneficiaries to apply for employment authorization have been published in the Federal Register. On August 5, 2021, President Biden granted DED for...more

Jackson Lewis P.C.

DHS Announces 18-Month Extension For Haiti TPS, Application Procedures For Burma TPS

Jackson Lewis P.C. on

The Department of Homeland Security has announced that it will be extending Haitian Temporary Protected Status (TPS) for 18 months, until November 2022. It also has officially set out the application procedures for Burmese...more

Fox Rothschild LLP

USCIS To Delay Effective Date Of H-1B Selection Process Changes

Fox Rothschild LLP on

USCIS just announced that it will be publishing a notice in the Federal Register to delay implementation of changes to the H-1B Selection Final Rule until December 31, 2021. If published as preliminarily announced, this will...more

Gibney Anthony & Flaherty, LLP

Biden Administration Tackles Immigration on Day One

On its first day in office, the Biden Administration acted to reverse numerous hardline immigration policies from the prior administration and to advance immigration reforms. Some action comes in the form of executive orders...more

Jackson Lewis P.C.

USCIS Issues Final Rule On Modification Of H-1B Cap Selection Process

Jackson Lewis P.C. on

USCIS has released its final rule on the modification of the H-1B cap selection process (“Modification Rule”) to prioritize petitions with the highest wage levels in the Federal Register. Unless the Biden administration...more

Jackson Lewis P.C.

USCIS Withdraws Proposed Filing Fee Increases

Jackson Lewis P.C. on

The USCIS filing fee increases that were proposed last summer will not be implemented. In August 2020, the Department of Homeland Security (DHS) published a new filing fee rule in the Federal Register that raised USCIS...more

Amundsen Davis LLC

What To Expect On Immigration From The Biden Administration

Amundsen Davis LLC on

The Trump administration has enacted more than 400 immigration policy changes. That’s one change every 3.65 days the administration has been in office. Weary from the whiplash of changes and weight of additional work, many...more

Nilan Johnson Lewis PA

October Surprise: Major Changes for Employers who Sponsor Foreign Workers

Nilan Johnson Lewis PA on

During the first week of October and just days into the new fiscal year, the Trump Administration announced two significant changes for employers who wish to sponsor foreign workers. The first of these announcements affects...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

Fox Rothschild LLP

BREAKING NEWS: DHS Issues Interim Final Rule Regarding The H-1B Visa Program

Fox Rothschild LLP on

Just released by USCIS: The U.S. Department of Homeland Security has announced an interim final rule (IFR) that strengthens the H-1B nonimmigrant visa program to protect U.S. workers, restores integrity to the H-1B program,...more

Jackson Lewis P.C.

Public Charge Rule Update: Court Limits Nationwide Injunction To Connecticut, New York, Vermont

Jackson Lewis P.C. on

On August 12, 2020, the U.S. Court of Appeals for the Second Circuit limited the nationwide injunction on the Department of Homeland Security’s Public Charge Rule to three states: Connecticut, New York, and Vermont. Since...more

Moore & Van Allen PLLC

Preparing for the 2019 H-1B cap season

Moore & Van Allen PLLC on

On April 1, 2019, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2019 (FY2020). Due to the high demand for H-1B visas and newly proposed rulemaking for cap-subject...more

Holland & Knight LLP

Trump Administration Proposed Rule Regarding “Public Charge” Provisions of Immigration Law

Holland & Knight LLP on

Currently, U.S. Citizenship and Immigration Services (USCIS) defines a "public charge" as someone who is or is likely to become "primarily dependent on the government for subsistence, as demonstrated by either the receipt of...more

Mintz - EB-5 Financing Viewpoints

Lawmakers May Not Spend Political Capital on Stand-Alone EB-5 Bill

The chances of a stand-alone EB-5 bill gaining consensus with lawmakers on Capitol Hill are low. With the GOP failing to repeal the Affordable Care Act, lawmakers may be spending time readjusting priorities in unexpected ways...more

Faegre Drinker Biddle & Reath LLP

High-Skilled Foreign Workers: New Rules From USCIS on H-1B Work Visas, AC21, I-140 Petitions and EADs

The long-awaited proposed rule — “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” (aka I-140/AC21/EAD Proposed Rule) — was published in the Federal...more

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