On October 5, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced a 10 federal government working day period in which employers will need to take action within E-Verify on Tentative Non-confirmations (“TNCs”)...more
As we noted in a recent post, on August 21st, on August 18, 2020 U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) announced that as a result of EAD (“employment authorization...more
On July 23, 2020, the Department of Homeland Security (DHS) announced it is lifting its suspension of Trusted Traveler enrollment eligibility for New York residents, effective immediately. Trusted Traveler programs include...more
As previously reported by Mintz, last week the U.S. Supreme Court upheld three lower court rulings, holding that President Trump’s 2017 move to rescind the Deferred Action for Childhood Arrivals (DACA) program was unlawful...more
6/23/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
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 ,
Work Permits
Further to our legal alerts on this topic, on February 10, 2020, New York State filed a federal court lawsuit against the Department of Homeland Security (DHS) and Customs and Border Protection (CBP), a directorate within DHS...more
On June 1, 2019 the Department of State (DOS) announced that it would immediately begin requiring visa applicants to the United States to provide additional personal information on U.S. visa applications, including social...more
On December 1, 2017 Judge James Boasberg of the U.S. District Court for the District of Columbia granted summary judgment to the National Venture Capital Association (NVCA) in its challenge to a regulation published by the...more
On December 1, 2017 Judge James Boasberg of the U.S. District Court for the District of Columbia granted summary judgment to the National Venture Capital Association (NVCA) in its challenge to a regulation published by the...more
The U.S. and worldwide entrepreneur community had been looking forward to July 17th with great anticipation. This was supposed to be the effective date of the new International Entrepreneur Parole immigration regulation....more
7/14/2017
/ Department of Homeland Security (DHS) ,
Entrepreneurs ,
Foreign Investment ,
Foreign Nationals ,
International Entrepreneur Rule ,
Job Creation ,
Public Comment ,
Rescission ,
Startups ,
STEM ,
Technology Sector ,
Trump Administration
On June 26, 2017 the U.S. Supreme Court (SCOTUS) issued a mixed decision in the “Travel Ban” litigation, relating to Presidential Executive Order 13780 (“EO”). As explained in more detail below, the SCOTUS decision gave a...more
6/28/2017
/ Airlines ,
Bona Fide Relationship Test ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Immigration Reform ,
Preliminary Injunctions ,
Refugees ,
SCOTUS ,
Travel Ban ,
Trump Administration ,
Trump v Hawaii ,
Trump v International Refugee Assistance Project
From time to time, the Department of Homeland Security (DHS) conducts site visits at the offices of employers petitioning for temporary work visas on behalf of their employees. These visits are funded by the $500 “anti-fraud”...more
In light of the general unavailability of H-1B visas due to the limited and inadequate H-1B visa quota, it is more important than ever that U.S. employers and highly skilled foreign nationals be able to take maximum advantage...more
In a final regulation published on November 18, 2016 which takes effect on January 17, 2017, DHS has clarified the requirements and parameters associated with cap-exempt employment of H-1B workers by nonprofit entities that...more
In a welcome development, on November 18, 2016 the Department of Homeland Security (DHS) published a final rule benefitting many highly skilled nonimmigrant foreign workers and EB-1, EB-2, and EB-3 employment-based immigrant...more
11/22/2016
/ Department of Homeland Security (DHS) ,
EB-1 ,
EB-2 ,
EB-3 ,
Employment Authorization Documents (EAD) ,
Foreign Workers ,
Grace Period ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Priority Date Cutoff ,
Visas ,
Whistleblowers ,
Work Visas
Effective December 23, 2016, the Department of Homeland Security (DHS) will be adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services (USCIS). DHS...more
Yesterday, March 9, 2016, the Department of Homeland Security previewed the final rule governing STEM OPT, to be released on Friday. This rule is effective May 10, 2016, except the addition of 8 CFR 214.16, which is effective...more
From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more
From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more
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
Late Tuesday afternoon, the House of Representatives voted 257-167 to fund the Department of Homeland Security (“DHS”) through September 30, 2015, covering the remainder of the fiscal year. A clean funding bill was passed by...more
The Senate remains at a stalemate over funding of the Department of Homeland Security (“DHS”), with funding running out on Friday, February 27. A full budget was passed for the rest of the US government in December. However,...more
The Obama administration announced on Tuesday, February 17th that it will comply with an injunction temporarily blocking its plan to shield millions of people who are in the United States illegally, suspending applications...more
On Thursday, November 20th, coinciding with President Obama’s announcement regarding his forthcoming executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued a memo to the directors...more
11/25/2014
/ Barack Obama ,
Department of Homeland Security (DHS) ,
E-Verify ,
Executive Orders ,
Green Cards ,
H-1B ,
H-4 Spouses ,
Immigration Procedures ,
Immigration Reform ,
L-1 Visas ,
OPT ,
STEM ,
USCIS ,
Visa Caps
During last week's primetime television broadcast, President Obama announced steps to fix what he termed the “broken” US immigration system. The president focused his speech on increasing border security and providing a...more
11/24/2014
/ Barack Obama ,
Customs and Border Protection ,
DACA ,
Department of Homeland Security (DHS) ,
Deportation ,
Executive Orders ,
Green Cards ,
Highly-Skilled Workers Visa ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
PERM ,
STEM ,
USCIS
The Department of Homeland Security (DHS) has implemented changes recently that affect many individuals seeking to travel to the United States, US employers of H-1B and L-1 workers, and users of some USCIS services. This...more