Tag Archives: DHS

New DOS Rule Regarding Misrepresentation – An End to the 30/60 Day Rule

On Sept. 1, 2017, the U.S Department of State (DOS) updated the Field Adjudicators Manual (FAM) at 9 FAM 302.9-4(B)(3).  The Field Adjudicators Manual (FAM) serves to guide consular officers in their adjudications process, and this particular section provides guidance regarding “misrepresentation” by applicants “at the time of visa application or to DHS when applying … Continue Reading

Attorney General Jeff Sessions Announces the Rescission of DACA

On Sept. 5, 2017, Attorney General (AG) Jeff Sessions announced that the Trump Administration will end the Deferred Action for Childhood Arrivals (DACA).  DACA is a mode of temporary relief given to children (now college-aged or older) who entered the United States without inspection with their parents and allowed them to apply for temporary work … Continue Reading

Seeking Permanent Residence? USCIS Issues New Interview Requirements Taking Effect Oct. 1

The Department of Homeland Security announced on Aug. 28, 2017, that beginning on Oct. 1, USCIS will begin requiring in-person interviews at local District Offices for adjustment of status applications based on employment, as well as certain refugee/asylee relative petitions. In the past, USCIS did not require an in-person interview adjustment of status applications based … Continue Reading

The Department of Homeland Security Adds an Additional 15,000 Visas to the H-2B Program

The Department of Homeland Security (DHS) and The Department of Labor (DOL) have submitted a final rule to the Federal Register, which will be published on July 18, 2017, increasing the number of H-2B visas by 15,000. DHS Secretary John Kelly determined, along with DOL Secretary Alexander Acosta, that there are not enough qualified and … Continue Reading

Department of Homeland Security Releases FAQs Following Reinstatement of Travel Ban

The Department of Homeland Security (DHS) released FAQs for those affected by the recently reinstated travel ban. Earlier last week, the Department of State released their own set of FAQs regarding implementation of the travel ban during visa processing. DHS will be responsible for admitting persons entering the United States and the FAQs on its … Continue Reading

Department of Homeland Security Announces Additional Screening for U.S.-bound Flights

On Wednesday, June 28, 2017, the U.S. Department of Homeland Security (DHS) announced that it will implement enhanced security measures for all international commercial flights coming to the United States. Approximately 325,000 passengers per day, traveling on 2,100 flights per day from 280 airports are expected to be affected by these new screenings. DHS has … Continue Reading

Supreme Court of the United States Partially Lifts Injunctions from Travel Ban – Implications for Foreign Nationals

As previously reported, the Supreme Court of the United States lifted the injunctions that were granted by the Fourth and Ninth Circuits after President Trump issued his second Executive Order mandating a temporary travel ban. This means that the second Executive Order (EO) is now in effect as of June 29. The injunctions for the … Continue Reading

DHS Rescinds Memorandum Addressing Expansion of Deferred Action for Childhood Arrivals and Deferred Action for Parents of Americans and Lawful Permanent Residents

The Nov. 20, 2014 DAPA memorandum, which to date has not been implemented, directed U.S. Citizenship and Immigration Services (USCIS) “to establish a process, similar to DACA, for exercising prosecutorial discretion through the use of deferred action, on a case-by-case basis” to certain undocumented parents who have “a son or daughter who is a U.S. … Continue Reading

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
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