News & Analysis as of

Visas Department of Homeland Security (DHS) Foreign Nationals

Follow this channel for insights, news, and commentary on a wide array of visa-related matters by leading immigration lawyers and law firms. Now more than ever; stay in the know.
Ogletree, Deakins, Nash, Smoak & Stewart,...

Deferred Enforced Departure Announced for Certain Lebanese Nationals

On July 26, 2024, President Biden announced Deferred Enforced Departure (DED) for certain Lebanese nationals for a period of eighteen months, which took effect immediately. The president also directed the U.S. Department...more

Whitcomb Selinsky, PC

Numerical Limits On Non-Agricultural Workers H2B Visas

Whitcomb Selinsky, PC on

In an effort to address the growing demand for H-2B visas, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have collaborated to introduce a temporary rule for FY 2024. This rule will increase 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

Littler

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

Littler on

On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program.  DHS states...more

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

Additional H-2B Numbers to Be Made Available for Fiscal Year 2024

The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) have announced that they plan to make an additional 64,716 H-2B visas available for fiscal year (FY) 2024. The announcement should bring...more

Morgan Lewis

DHS Proposes ‘Modernizing’ H-1B Specialty Occupation Worker Program

Morgan Lewis on

The US Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) with respect to the regulations governing the H-1B nonimmigrant visa classification. The proposed rule seeks to improve the...more

Jackson Lewis P.C.

Implications of Priority Date Retrogression for R-1 Religious Worker Visas

Jackson Lewis P.C. on

A change in calculating the availability of immigrant numbers means some foreign national ministers who are in the United States on temporary R-1 religious worker visas and waiting in lines for green cards will have to wait...more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

Jackson Lewis P.C.

H-1B Update: Suspecting Fraud, USCIS Challenges, Denies Some Petitions, and Foreign Nationals Sue

Jackson Lewis P.C. on

USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted...more

Jackson Lewis P.C.

DHS Issues Additional Visa Waiver Program Guidance for Cuba, Hungary, Israel

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has issued additional Visa Waiver Program guidance involving Cuba, Hungary, and Israel. The Visa Waiver Program allows individuals from selected countries to enter the United...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

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

H-4 Work Authorization Protections Upheld: Save Jobs USA v. U.S. Department of Homeland Security

A recent ruling in the U.S. District Court for the District of Columbia provides added protection and work authorization safeguards for H-4 spouses of H-1B visa holders facing potential lawsuits and administrative challenges....more

Seyfarth Shaw LLP

USCIS Implements Final Phase of Premium Processing For Multinational Executive/Manager and National Interest Waiver Immigrant Visa...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 12, 2023, USCIS announced the final phase of premium processing expansion for EB-1 Multinational Executive and Manager and EB-2 National Interest Waiver (NIW) Form I-140 Petitions, as well as...more

Dickinson Wright

H-2B Visa Program gets “Peak Load” Visa Numbers Boost for FY 2023

Dickinson Wright on

As U.S. companies struggle to find workers to fill their rosters, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), offered a reprieve through the authorization of supplemental...more

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

DHS to Increase H-2B Visa Availability for Fiscal Year 2023

​​​​​​​The U.S. Department of Homeland Security (DHS) recently announced that it would publish a regulation to make available an additional 64,716 H-2B temporary nonagricultural work visas for the 2023 fiscal year. The visas...more

Jackson Lewis P.C.

Immigration Delays and How Manufacturers Can Manage Them

Jackson Lewis P.C. on

For employers that hire foreign nationals, whether as local hires already in the country or as transferees from foreign affiliates, immigration processing delays have been exacerbated during the COVID-19 pandemic....more

Jackson Lewis P.C.

H-2B Update: Nearly 65K Temporary Nonagricultural Visas Added to FY 2023 Allocation

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) in conjunction with the Department of Labor (DOL) will be starting the fiscal year by making an additional 64,716 H-2B temporary nonagricultural worker visas available. This is on top...more

Cozen O'Connor

DHS Extends Form I-9 Flexibility Through July 31, 2023

Cozen O'Connor on

On October 11, 2022, the Department of Homeland Security (DSH), U.S. Immigration and Customs Enforcement (ICE), announced that an extension of the Form I-9 flexibilities first announced in March 2020 and updated in March...more

Guidepost Solutions LLC

Form I-9: A Whirlwind of Changes and More on the Way?

You and the millions of other businesses across the United States have been through a whirlwind of change for the last few years with a multitude of Form I-9 procedural adaptations due to the pandemic, government processing...more

Dickinson Wright

DHS Publishes New Final Rule Ending Trump-Era Public Charge Restrictions

Dickinson Wright on

On September 9, 2022, the U.S. Department of Homeland Security (DHS) published a lengthy Final Rule concerning the implementation of the public charge ground of inadmissibility after several years of federal court litigation....more

Guidepost Solutions LLC

Immigration Alert: Longer Auto-Extensions for Work-Authorized Individuals Best Practices to Minimize Risk of Fines and Penalties

On May 4, 2022, the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) announced a vast increase in the length of automatic extensions for certain renewal applicants. A Temporary Final...more

Jackson Lewis P.C.

DHS Increases Automatic Extension of Work Authorizations for Certain Individuals

Jackson Lewis P.C. on

As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals. ...more

Seyfarth Shaw LLP

White House Announces ‘Uniting for Ukraine’ Program to Expedite Humanitarian Parole

Seyfarth Shaw LLP on

On April 21, 2022, the White House announced a new phase in its pledge to admit 100,000 Ukrainians displaced by the ongoing war. This new program, officially named Uniting for Ukraine, is stated to include a streamlined...more

Jackson Lewis P.C.

More Than Twice as Many H-2B Visas to be Available for Summer Season

Jackson Lewis P.C. on

As they did for last summer, the Department of Homeland Security (DHS) and the Department of Labor (DOL) will make available an additional 35,000 H-2B temporary nonagricultural worker visas for the second half of FY 2022....more

Quarles & Brady LLP

Impact and Timing of the DHS Final Rule to Expand Premium Processing

Quarles & Brady LLP on

Today, March 30, 2022, the Department of Homeland Security (DHS) published a final rule expanding premium processing for multinational managers, advanced degree holders seeking a national interest waiver, nonimmigrant...more

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