A recent non-binding report by the Government Accountability Office (GAO) found the appointments of Kevin McAleenan and Chad Wolf (both as “acting” DHS Secretaries) and Ken Cuccinelli (senior official performing the duties of...more
The Department of Homeland Security’s COVID-19 flexibility regarding the physical presence requirements for I-9 inspection ends on July 19, 2020, for companies that are still operating 100-percent remotely. Unless further...more
Since May, USCIS has been threatening furloughs of three-quarters of its workforce in August if it does not receive a $1.2 billion loan and an average 21% increase in fees to take care of its budget shortfall. Reportedly,...more
In a 5-4 decision written by Chief Justice John Roberts, the U.S. Supreme Court has ruled that the Administration acted improperly under the Administrative Procedures Act (APA) in terminating the Deferred Action for Childhood...more
6/19/2020
/ Administrative Procedure Act ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
Wolf v Vidal
The Department of Homeland Security (DHS) once again is extending its flexibility regarding the physical presence requirements for I-9 inspection for another 30 days until July 19, 2020, due to the ongoing precautions related...more
It has been five years since Save Jobs USA, a group of technology workers who claim to have been displaced by foreign nationals with H-4 EADs challenged the Obama Administration’s authority to enact the H-4 EAD Rule. In the...more
On the same day that the Department of Homeland Security (DHS) recapitulated its usual policies and procedures for dealing with delays in processing extensions and changes of status due to COVID-19, 100 Democrats in the House...more
E-Verify has modified its policies temporarily due to COVID-19 as follows:
•Employers must still create cases in E-Verify within three business days from the date of hire.
•Employers should use the hire date from the...more
The Department of Homeland Security (DHS) has announced that, because of the National Emergency due to the coronavirus (COVID-19) pandemic, employers may temporarily inspect Form I-9, Employment Eligibility Verification,...more
The Department of Homeland Security (DHS) announced flexibility regarding Employment Verification (Form I-9) regulations due to COVID-19.
Recognizing that companies and organizations are having to temporarily shift to a...more
International students at U.S. colleges and universities can feel a bit more secure now that a federal district court judge in North Carolina has permanently enjoined the government from enforcing its 2018 Policy Memorandum...more
The Trump Administration’s new Public Charge Rule can go into effect (for now, at least).
The U.S. Supreme Court, in a 5-4 ruling, has lifted the injunction that prevented DHS from enforcing its new Public Charge Rule...more
Continuing the Administration’s high scrutiny of businesses using foreign workers, including highly skilled visas, the Department of Homeland Security has announced that it will be conducting inspections of employers...more
DHS has proposed a fee of $10 per H-1B petition. The agency considers this to be an “appropriate, nominal fee” to recover some costs involved.
In January 2019, DHS published the rule establishing an H-1B electronic...more
The Department of Homeland Security Immigration and Customs Enforcement (ICE) has sent an unprecedented number of I-9 audits, called Notices of Inspection (NOIs), in the previous three weeks reportedly to more than 3,000...more
Immigration enforcement is a major focus of attention of the Trump Administration – including in the business immigration context. One measure of this interest is the increase in I-9 audits. ICE reported that worksite...more
On August 8, 2018, DHS issued a new policy that announced that foreign students would begin accumulating “unlawful presence” if any violation of status had occurred, whether known to the student or not. On May 3, 2019, in...more
The Department of Homeland Security has published a much-anticipated notice of proposed rulemaking affecting the H-1B visa process. Public comments must be submitted by January 2, 2019....more
Starting in August, the U.S. Customs and Border Protection (CBP) reportedly will begin a pilot program at the Anzalduas port of entry in Texas using face recognition technology to capture facial images of occupants in moving...more
Immigration and Customs Enforcement (ICE) is the enforcement arm of the U.S. Department of Homeland Security. ICE’s mission is to protect the country from cross-border crime and illegal immigration. The agency focuses on...more
Ending all speculation, the Secretary of Homeland Security has announced the end of temporary protected status (TPS) for approximately 200,000 Salvadorans who have been in the United States since 2001, following two...more
The Deferred Action for Childhood Arrivals (DACA) program is being rescinded, Attorney General Jeff Sessions announced on September 5, 2017.
The DACA program was implemented in 2012 by an executive order signed by...more
Over the years, the government has intensified its enforcement of employment verification procedures including increased fines and penalties, as well as potential criminal charges and charges of discrimination against U.S....more
New guidance explaining the criteria for visa applicants was issued by the Department of State to U.S. embassies and consulates late on June 28, 2017, according to reports. The guidance will go into effect on June 29, at 8:00...more
Two memorandums from the Department of Homeland Security implementing President Donald Trump’s Executive Orders on “Enhancing Public Safety in the Interior of the United States” and “Implementing the President’s Border...more
2/25/2017
/ Border Security ,
Catch and Release ,
Criminal Prosecution ,
Customs and Border Protection ,
DACA ,
DAPA ,
Department of Homeland Security (DHS) ,
Deportation ,
Executive Orders ,
Immigration and Customs Enforcement (ICE) ,
Immigration and Nationality Act ,
Immigration Enforcement ,
Immigration Reform ,
Memorandum of Guidance ,
Trump Administration