News & Analysis as of

Rulemaking Process Department of Homeland Security (DHS)

Jackson Lewis P.C.

USCIS Issues Regulation Requiring Alien Registration

Jackson Lewis P.C. on

On March 12, 2025, USCIS issued an Interim Final Regulation (IFR) designating a new registration form to comply with statutory alien registration and fingerprinting provisions. The IFR goes into effect on April 11, 2025....more

Husch Blackwell LLP

CBP Proposes Changes to the De Minimis Entry Process

Husch Blackwell LLP on

U.S. Customs and Border Protection (CBP) issued a Notice of Proposed Rulemaking on January 13, 2025, regarding an update to the rules governing de minimis shipments. The public can make comments on the proposed rule until...more

Venable LLP

Executive Order to Prevent Access to Americans' Bulk Sensitive Personal Data and Government-Related Data by Countries of Concern

Venable LLP on

On February 28, 2024, the Biden Administration issued Executive Order (EO) 13873, focused on restricting certain transactions involving Americans' personal data, as well as sensitive government data, to specific countries....more

WilmerHale

Biden Executive Order to Protect Americans’ Sensitive Personal Data and Related Rulemaking Could Impose Significant Restrictions...

WilmerHale on

On February 28, 2024, President Biden signed Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and U.S. Government-Related Data by Countries of Concern” (the EO), under the authority of the...more

Mintz - Immigration Viewpoints

White House Issues Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued a comprehensive Executive Order directing several federal agencies to undertake numerous initiatives related to artificial intelligence (AI). The Executive Order includes several...more

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

DHS Proposes Modernization of H-2 Framework

On the heels of the U.S. Department of Labor’s announcing plans to revise its H-2A program, the U.S. Department of Homeland Security (DHS) is proposing amendments to its H-2A and H-2B regulations. The proposed changes would...more

Mintz - Immigration Viewpoints

DHS Seeks Public Comment on Proposed Alternatives to I-9 Process – Comment Deadline is Two Weeks Away

The Department of Homeland Security (DHS) is seeking public comment on its proposed changes to I-9 document examination requirements. While the proposed rule would not directly authorize the remote examination of I-9...more

Ankura

CISA to Oversee Enforcement of Cyber Incident Reporting in Critical Infrastructure

Ankura on

On March 15, 2021, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), which will require critical infrastructure owners and operators (among other things) to report...more

Cozen O'Connor

DHS Again Postpones REAL ID Deadline

Cozen O'Connor on

The U.S. Department of Homeland Security (DHS) has again postponed the deadline for compliance with the REAL ID Act of 2005, until May 3, 2023. Under the REAL ID Act, federal agencies may not accept state-issued driver’s...more

Fisher Phillips

Federal Judge Blocks New H-1B Pay Rules

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In a major blow to the Trump administration, a federal court recently struck down two immigration rules that would limit the ability of skilled foreign workers to obtain H-1B visas. In a December 1 ruling, the U.S. District...more

Dorsey & Whitney LLP

The Supreme Court - October 19, 2020

Dorsey & Whitney LLP on

Trump v. Sierra Club, No. 20-138: This case concerns the Acting Secretary of Defense’s transfer of funds pursuant to Section 8005 of the Defense Appropriations Act to make funds available to construct border fences along the...more

Womble Bond Dickinson

Wisconsin Supreme Court Strikes Down Stay at Home Order

Womble Bond Dickinson on

On May 13, 2020, the Supreme Court of Wisconsin issued a 4-3 decision in the Wisconsin Legislature v. Palm case, which declared Wisconsin “Safer at Home” Order, Emergency Order No. 28, unlawful, invalid, and unenforceable....more

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

USCIS Proposes Significant Fee Hikes

The Department of Homeland Security (DHS) has proposed a new fee schedule designed to mitigate an approximate $1.3 billion shortfall in the annual budget of U.S. Citizenship and Immigration Services (USCIS). According to DHS,...more

Mintz

USCIS Proposes Changes to H-1B Visa Lottery Process

Mintz on

Today, the U.S. Department of Homeland Security issued a notice of proposed rulemaking proposing amendments that would alter the process for the filing and selection of H-1B visa petitions that are subject to the annual...more

Shumaker, Loop & Kendrick, LLP

DHS Freezes Implementation of the International Entrepreneur Rule and Threatens to Repeal It

In a surprising move to the startup community, the Trump administration has moved to delay and possibly repeal a rule that would help foreign entrepreneurs launching foreign startups apply for parole status to work in the...more

Fisher Phillips

Public Comments on New Regulations for International Entrepreneurs Due by October 17, 2016

Fisher Phillips on

Public comment to the U.S. Department of Homeland Security's (USDHS) Notice of Proposed Rulemaking creating a new "parole" immigration benefit for certain International Entrepreneurs is due to the agency by October 17, 2016. ...more

Mintz

Court Extends Vacatur on OPT Extensions for STEM Students

Mintz on

One of the major immigration developments for 2016 is a proposed rule from the Department of Homeland Security (DHS) that would allow certain F-1 students to extend their period of “optional practical training” (OPT) if they...more

Faegre Drinker Biddle & Reath LLP

F-1 Optional Practical Training Proposed Rule Released; Work Authorization Expanded for STEM Students

The long-awaited proposed rule on F-1 Optional Practical Training (OPT) was published in the Federal Register on October 19, 2015, by the U.S. Department of Homeland Security (DHS). The proposed rule is titled “Improving and...more

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