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District Court Invalidates New DOL and DHS H-1B Regulations

On December 1, 2020, the U.S. District Court for the Northern District of California granted a motion for summary judgment in favor of the plaintiffs that had requested to set aside two new regulations from the U.S....more

USCIS to Expand Premium Processing Program, Increase Fee Rates

On October 1, 2020, President Donald Trump signed into law a stopgap spending measure to fund the U.S. government through December 11, 2020. The spending measure includes a provision titled “Emergency Stopgap USCIS...more

New Executive Order Calls for Review of Federal Contracts and Directs Agencies to Take Action to Protect U.S. Workers

On August 3, 2020, the Trump Administration issued an executive order (EO) directing the secretaries of the Departments of Labor and Homeland Security to “take action...to protect United States workers from any adverse...more

United States Withdraws Preferential Immigration-Related Treatment for Hong Kong

On July 14, 2020, by means of executive order, the Trump administration announced that it will no longer recognize Hong Kong as a distinct autonomous region as compared to the People’s Republic of China (PRC). The executive...more

DHS Puts Supplemental H-2B Visas on Hold

On April 2, 2020, the Department of Homeland Security (DHS) announced that it is holding off on plans to issue additional H-2B visas. DHS had previously agreed to make an additional 35,000 visas available to seasonal...more

DHS Relaxes I-9 Verification Requirements During COVID-19 National Emergency

The Department of Homeland Security (DHS) announced on March 20, 2020, that it will relax the in-person verification requirements of the Form I-9, Employment Eligibility Verification for employers operating remotely due to...more

Immigration Considerations for Coronavirus Response Plans: Key Questions and Answers

The continuing spread of the novel coronavirus (COVID-19) throughout the United States has caused employers to consider implementing contingency plans to help curb the spread of the disease and protect their workforces. Many...more

Supreme Court Clears Department of Homeland Security’s Public Charge Rule to Go Forward Nationwide; Department of State Follows...

In a 5–4 decision on February 21, 2020, the Supreme Court of the United States ruled in Wolf v. Cook County, Illinois (No. 19A905) in favor of staying an Illinois district court’s injunction blocking the Trump...more

DHS Restricts New York Residents’ Enrollment and Renewal Eligibility for Trusted Traveler Programs

The Department of Homeland Security (DHS) has suspended New Yorkers’ eligibility to apply for or renew their enrollment in four Trusted Traveler Programs (TTPs) administered by Customs and Border Protection (CBP). The...more

U.S.-Iran Tensions Raise Concerns for International Travel

On January 4, 2020, U.S. Customs and Border Patrol (CBP) detained and questioned more than 60 individuals of Iranian descent at a Washington State border crossing as they attempted to return to the United States from Canada....more

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

Supreme Court Hears Oral Argument on Ending DACA

On November 12, 2019, the Supreme Court of the United States heard oral argument on the legality of the Department of Homeland Security’s (DHS) decision to terminate Deferred Action for Childhood Arrivals (DACA), an Obama-era...more

DHS Extends Temporary Protected Status Designation for Six Countries

The Department of Homeland Security (DHS) has announced that it will automatically extend the validity of temporary protected status (TPS) documents and work authorization for qualified beneficiaries from El Salvador, Haiti,...more

DHS Finalizes H-1B Registration Fee for FY 2021 Cap Season

The U.S. Department of Homeland Security (DHS) has finalized plans to charge employers a $10 registration fee for each H-1B petition they submit for registration in the agency’s new electronic H-1B registration system. The...more

Public Charge Rule Update: Making Sense of All the Moving Pieces

The Trump administration’s public charge rule is on hold, at least temporarily. The Department of Homeland Security (DHS) and the Department of State each introduced a version of the rule. ...more

New York District Court Blocks Implementation of Public Charge Rule

On October 11, 2019, the U.S. District Court in the Southern District of New York ordered a preliminary injunction blocking the implementation, by the U.S. Department of Homeland Security (DHS), of President Donald Trump’s...more

Rescission of H-4 Work Authorization Is Delayed Until Spring 2020

Implementation of the rule rescinding H-4 work authorization has been delayed yet again. According to the Department of Homeland Security (DHS), the proposed rule is not expected to be published in the Federal Register until...more

DHS Proposes H-1B Registration Fee for FY 2021 Cap Season

The U.S. Department of Homeland Security (DHS) plans to charge employers a $10 registration fee - per H-1B candidate - to participate in its mandatory electronic H-1B registration system. The new fee will apply to all H-1B...more

DHS Promulgates Public Charge Rule to “Promote Self-Sufficiency,” Penalize Reliance on Public Benefits

On August 14, 2019, the Department of Homeland Security (DHS) published the final version of its public charge rule in the Federal Register. According to a statement by DHS, the rule is intended to formalize the way in which...more

DHS Spring Regulatory Agenda Projects Changes to H-1B Visas, the Rescission of H-4 Work Authorization, Increased Fees, and More

The Department of Homeland Security (DHS) has released its spring 2019 regulatory agenda, highlighting the agency’s rulemaking priorities through 2019. While many of the agenda items appear to be carryovers from agendas past,...more

Representatives Raise Concerns About Low Staffing at Canadian Border

The Department of Homeland Security (DHS) recently announced a plan to temporarily transfer approximately 750 Customs and Border Protection (CBP) officers from the Canadian border to the Mexican border to help address the...more

Termination of TPS Halted for Honduras and Nepal

The Department of Homeland Security (DHS) has agreed to stay the termination of temporary protected status (TPS) for Honduras and Nepal pending the outcome of Ramos v. Nielsen. In addition to the stay, DHS has also agreed to...more

DHS Announces That It Will Issue 30,000 Additional H-2B Visas in Response to High Demand

After a tumultuous filing period for the second half of fiscal year (FY) 2019, employers that rely on H-2B seasonal workers received some good news. The U.S. Department of Homeland Security (DHS) has agreed to issue up to...more

Trump Administration Focuses on Deterring Visa Overstays

President Donald J. Trump has issued a memorandum aimed at reducing the number of visa overstays in the United States. The administration says those overstays undermine the integrity of the immigration system and harm the...more

DHS Issues Fraud Alert Regarding Phone Scam

The U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) has issued a fraud alert notifying the public of an ongoing phone scam whereby scammers dupe their victims into providing personal information...more

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