Tag Archives: DHS

DHS Releases Memoranda Outlining Immigration Enforcement Priorities

John Kelly, Secretary of the U.S. Department of Homeland Security (DHS), issued two memoranda on Feb. 20, 2017 outlining the Department’s plans for immigration enforcement under President Trump’s administration: “Enforcement of the Immigration Laws to Serve the National Interest” and “Implementing the President’s Border Security and Immigration Enforcement Improvements Policies.” Both memoranda implement and provide further … Continue Reading

Summary of President Trump’s Jan. 25, 2017 Immigration-Related Executive Orders

On Jan. 25, 2017, President Donald J. Trump signed two Executive Orders impacting U.S. immigration which are summarized below. Executive Order: Border Security and Immigration Enforcement Improvements This Order addresses the recent surge of immigration by foreign nationals without proper documentation at the United States’ southern border with Mexico. The Order directs the government’s “executive … Continue Reading

TPS Extension for Somalia

By notice published in the Federal Register on Jan. 17, 2017, the Department of Homeland Security (DHS) announced that it will extend the Temporary Protected Status (TPS) for nationals of Somalia (and for individuals without nationality who last habitually resided in Somalia) for an 18-month period from March 18, 2017, through Sept. 17, 2018. Those individuals … Continue Reading

DHS Finalizes International Entrepreneur Rule

On Jan. 17, 2017, the Department of Homeland Security (DHS) published its final rule to implement discretionary parole authority to increase, promote, and encourage entrepreneurship, innovation, and job creation in the United States. This final rule will add new regulatory provisions that will allow DHS to grant parole in certain circumstances and by discretion to … Continue Reading

Reminder: Many USCIS Filing Fees Will Increase on December 23, 2016

On May 4, 2016, the Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register inviting public comment on a proposed increase in the U.S. Citizenship and Immigration Services (USCIS) Fee Schedule, which we previously wrote about. This proposed rule was subsequently adopted as final on Oct. 24, 2016, and … Continue Reading

Summary of OIG Report on USCIS Green Card Issuance

Getting the green card is typically the last step in the Lawful Permanent Resident application process, one that immigrants look forward to for many months or even years. Unfortunately, as confirmed by a recent report by the U.S. Department of Homeland Security (DHS), USCIS has experienced many problems lately with correct and timely green card … Continue Reading

The Department of Homeland Security Released the Final Rule Updating its Freedom of Information Act

The Department of Homeland Security (DHS) recently released a final rule updating its Freedom of Information Act (FOIA) regulations. FOIA gives any person the right to request access to federal agency records or information. Each federal agency is required under the FOIA to disclose records requested in writing by any person. The final rule extends … Continue Reading

Upgrade – DHS Finalizes Rules Affecting Employment-based Immigrant and Non-Immigrant Visa Programs

On Nov. 18, 2016, the Department of Homeland Security (“DHS”) published its final rule to “modernize and improve” employment-based non-immigrant and immigrant visa programs.  As stated by DHS, the primary purpose of the improvements is to enhance the ability of U.S. employers to hire and retain specific foreign national employees who are the beneficiaries of … Continue Reading

OMB Fall Unified Regulatory Agenda- Improvement of the Employment Creation Immigrant Regulations (EB-5)

The Department of Homeland Security (DHS) released the Fall Unified Agenda, updating the Improvement of the Employment Creation Immigrant Regulations.  DHS has now moved the stage of rulemaking from “long-term actions” to “proposed rule stage.”  This new release also changes the date of the Notice of Proposed Rulemaking (NPRM) from “to be determined” to January … Continue Reading

DHS Extends TPS for Nepal

In June 2015, the Department of Homeland Security (DHS) designated Temporary Protected Status (TPS) for Nepal on environmental disaster grounds due to conditions resulting from a severe earthquake in the country in April 2015. On Oct. 26, 2016, DHS extended TPS for eligible nationals of Nepal for an additional 18 months, effective Dec. 26, 2016 … Continue Reading

Update on DHS Proposed Rules Affecting Employment-based Immigrant and Nonimmigrant Visa Programs

As reported, in December 2015, USCIS published a proposed rule on the Federal Register in which the Department of Homeland Security (DHS) seeks to improve job portability for highly skilled immigrants and clarify issues affecting foreign nationals in employment-based nonimmigrant visa categories like H-1B. The proposed regulations received almost 28,000 comments. On October 24, 2016, … Continue Reading

DHS Expands and Extends Employment Authorization and Suspension of Certain Conditions for Eligible F-1 Students with Syrian Citizenship

On Sept. 9, 2016, the U.S. Department of Homeland Security (DHS) extended the suspension of certain requirements for F-1 students with Syrian citizenship who can demonstrate severe economic hardship resulting from Syria’s continuing civil unrest.  The notice also extends the effective date of the previously announced authorization period through March 31, 2018 and expands the … Continue Reading

July 2016 “SEVIS by the Numbers” Report Indicates Growth in the Number of International Students Studying in the United States

This week, the Student and Exchange Visitor Program (SEVP) published its quarterly “SEVIS by the Numbers” report announcing that there are over one million international students in the United States.  Many of these students will seek employment with U.S. companies using work authorization granted to them pursuant to their F or M visa status.  In … Continue Reading

USCIS Proposes International Entrepreneur Rule to Spur Innovation and Job Creation

On Aug. 26, 2016, U.S. Citizenship and Immigration Services (USCIS) announced a notice of proposed rulemaking for an International Entrepreneur Rule, and provided an advance version of the proposed rule for public review. According to an announcement from USCIS, the proposed rule will allow the Department of Homeland Security (DHS) to exercise discretion, on a … Continue Reading

U.S. Department of Homeland Security Renews TPS for El Salvador

Through a recent publication of the Federal Register, the Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador effective Sept. 10, 2016, through March 9, 2018.   The extension allows eligible TPS beneficiaries to retain TPS through March 9, 2018, so long as they otherwise continue to meet … Continue Reading

Employer’s Use of E-verify is Not a Substitute for Completing I-9 Forms, Fined More Than $200K in Civil Penalties

In the Final Decision and Order dated April 27, 2016, Administrative Law Judge Ellen K. Thomas ordered Golden Employment Group, Inc. (Golden Employment), a staffing and temporary-employment company, to pay $209,600 in civil penalties for 465 Form I-9 violations. Golden Employment, which receives between 2,000 and 3,000 applications each year and has more than 20,000 … Continue Reading

House Judiciary Committee to Consider Visa Integrity and Security Act of 2016

Today, the House Judiciary Committee will consider H.R.5203, the Visa Integrity and Security Act of 2016.  The bill is authored by Representative Randy Forbes of Virginia. The bill’s purpose is to enhance security procedures for the processing of both immigrant and nonimmigrant visas.  We provide a sectional summary of the bill below. Section 2 of … Continue Reading

DHS Extends TPS for Nicaragua and Honduras

The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for eligible nationals of Nicaragua for an additional 18 months, effective July 6, 2016, through Jan. 5, 2018.  Individuals with TPS must re-register during the 60-day re-registration period that runs from May 16, 2016, through July 15, 2016. Likewise, DHS also extended TPS … Continue Reading

e-Passport Mandatory for the Visa Waiver Program

On May 9, 2016, the Department of Homeland Security (DHS) Customs and Border Protection (CBP) released a statement clarifying that as part of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, those individuals utilizing the Visa Waiver Program (VWP) with an Electronic System for Travel Authorization (ESTA) to travel to the United … Continue Reading

Data Entry Completed for Fiscal Year 2017 H-1B Cap-Subject Petitions

As GT previously reported, this year USCIS received over 236,000 H-1B cap-subject petitions during the filing period, including petitions filed for the advanced degree exemption.  USCIS has now announced that as of May 2, 2016, all data entry for fiscal year 2017 H-1B cap-subject petitions selected in the computer-generated random process has been completed. USCIS will … Continue Reading

DHS Set to Publish Final Rule Allowing Further STEM OPT Extensions for Foreign Students

Today DHS released an advanced copy of its final rule allowing foreign students with degrees in Science, Technology, Engineering, and Mathematics (STEM) to extend their Optional Practical Training (OPT) for an additional 24 months.  DHS will publish the final rule in the Federal Register this Friday.  The rule will go into effect on May 10.  … Continue Reading

Department of Homeland Security Unveils Known Employer Pilot Program

On March 3, 2016, the Department of Homeland Security (DHS) formally announced the Known Employer pilot program. In January 2015, DHS advised that it would evaluate the Known Employer pilot as part of the United States-Canada Beyond the Border initiative. The pilot program was also recommended in the multi-agency report to the president, entitled “Modernizing and Streamlining … Continue Reading

Countries Ineligible for the Visa Waiver Program Now Include Libya, Somalia, and Yemen

On Feb. 18, 2016, the Department of Homeland Security (DHS) added Libya, Somalia, and Yemen to the growing list of countries that are no longer eligible for the Visa Waiver Program (VWP). These three countries join Iran, Iraq, Sudan and Syria (announced last month as reported here) as countries with restrictions on travel for certain … Continue Reading

March 1 Deadline to Register for Temporary Protected Status (TPS) for Yemen

On Sept. 3, 2015, the Secretary of Homeland Security designated Yemen for Temporary Protected Status (TPS) for an 18 month period due to the ongoing armed conflict in the country. The deadline to register for TPS for Yemen is March 1, 2016. To register for TPS,  eligible nationals of Yemen (and people without nationality who last habitually … Continue Reading
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