News & Analysis as of

United States Citizenship and Immigration Services Trump Administration

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Moore & Van Allen PLLC

Biden Policy Gives Employers New Ways To Help Dreamers

Moore & Van Allen PLLC on

On June 18, the Biden administration announced a two-part administrative action that provides an opportunity for certain undocumented immigrants to transition to permanent residence or an employer-sponsored immigration...more

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

Bradley Arant Boult Cummings LLP

UnDACAmented: Protections for Dreamers in Peril

A federal district court in Texas recently struck down the Deferred Action for Childhood Arrivals program – known commonly as DACA – holding that the program was improperly implemented by the former Obama administration and,...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

Perkins Coie

Reboot of International Entrepreneur Program for Startups

Perkins Coie on

The Biden administration announced on May 11, 2021, that it is restoring a never-fully-utilized Obama-era program allowing foreign entrepreneurs to stay in the United States temporarily in order to oversee and grow certain...more

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

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...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

Jackson Lewis P.C.

USCIS Announces Return To Deference Policy

Jackson Lewis P.C. on

Deference is back! USCIS announced that, effective immediately, it will reinstate its 2004 policy of deferring to prior determinations of eligibility. Rescinded by the Trump administration, this policy directed officers...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

Gibney Anthony & Flaherty, LLP

USCIS Public Charge Rule Eliminated

The Trump Administration’s draconian 2019 Public Charge Final Rule is no longer in effect. U.S. Citizenship and Immigration Services (USCIS) announced it will revert to utilizing the public charge guidance that was in...more

UB Greensfelder LLP

USCIS Removes a Trump Era Hurdle To Naturalization

UB Greensfelder LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that beginning on March 1, 2021, it is reverting to the 2008 version of the naturalization civics test. On Dec. 1, 2020, during the final days of the Trump...more

Jackson Lewis P.C.

Naturalization Test Returning To 2008 Version In March

Jackson Lewis P.C. on

On March 1, 2021, USCIS will be returning to the 2008 version of the naturalization civics test. This change is a response to President Joe Biden’s Executive Order, “Restoring Faith in Our Legal Immigration System,” that...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

Bradley Arant Boult Cummings LLP

Do You Feel Lucky Employers? There’s an H-1B Lottery A-Coming

Employers interested in sponsoring foreign national workers for new cap-subject H-1B visas this year need to be getting ready now. This past Friday, U.S. Citizenship and Immigration Services (USCIS) announced that the...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

Fox Rothschild LLP

Trump Rule Restricting H-1B Visas Halted By Biden – Good News For H-1B Employers

Fox Rothschild LLP on

Wednesday, January 20, 2021, White House Chief of Staff Ron Klain issued a memorandum regarding review of pending regulatory actions which directs, in part, that (1) all rules pending at the Federal Register that have not...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

Seyfarth Shaw LLP

Trump Administration Midnight H-1B Changes Purport to Impose New Burdens on Staffing Firms, Service Providers, and Their Corporate...

Seyfarth Shaw LLP on

In its waning hours, the Trump Administration announced comprehensive, burdensome changes to H-1B visa requirements for multiple firms across virtually all industries. Fortunately, however, the changes are set to detonate on...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

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

DHS Announces Significant Changes to H-1B Cap Selection Process

On January 8, 2021, the U.S. Department of Homeland Security (DHS) published a final rule that significantly alters the longstanding randomized lottery process that U.S. Citizenship and Immigration Services (USCIS) has...more

Morgan Lewis

Proclamation Suspending US Admission of Various Nonimmigrants, Immigrants Extended to March 31, 2021

Morgan Lewis on

US President Donald Trump has extended the entry ban on H-1B, H-2B, L-1, and specific J-1 statuses as well as certain immigrant entries through March 31, 2021. The original proclamations were set to expire on December 31,...more

Hinshaw & Culbertson - Employment Law...

How Employers Can Prepare for the Upcoming H-1B Lottery

On March 1, 2021, the United States Citizenship and Immigration Services (USCIS) will open up the electronic registration process for cab-subject H-1B petitions, including those filed for the advanced degree exemption. The...more

Hahn Loeser & Parks LLP

A Shift In Immigration Priorities: Anticipated Changes From The Biden Administration

Hahn Loeser & Parks LLP on

President-elect Joe Biden’s administration will inherit the Trump administration's restrictive immigration policies and regulations. During President Trump’s tenure, he has overseen more than 400 immigration policy changes –...more

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