After receipt and consideration of more than 16,000 public comments, on Aug. 30, 2022, the Department of Homeland Security (DHS) will be publishing a final rule in the Federal Register implementing, with some amendments, the proposed Sept. 28, 2021 rule to establish regulations preserving and fortifying the Deferred Action for Childhood Arrivals (DACA) policy. (See DHS Press Release.) The final rule, effective Oct. 31, 2022, maintains the current threshold criteria for DACA applicants, retains the current process for work authorization for DACA applicants, and affirms the DHS policy that DACA does not provide a lawful status but allows DACA applicants to be considered “lawfully present” for certain purposes. Due to the partial stay of the July 16, 2021 injunction from the U.S. District Court for the Southern District of Texas, DHS is prevented from applying the final rule to new initial DACA requests but can continue to grant renewal requests under this final rule.

The American Immigration Lawyers Association (AILA) commended the issuance of the final rule on Aug. 24, 2022, praising the Biden administration’s efforts to shore up DACA protections but calling on Congress to do more. AILA President Jeremy McKinney said, “These regulations are essential, but laws are for lasting change. We need Congress to pass legislation permanently protecting all Dreamers—not just those who qualify for DACA under these regulations, but also the many others who have lived for years in legal limbo. That is the true solution here.”

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Photo of Kathryn Schababerle ‡ Kathryn Schababerle ‡

Kathryn Schababerle focuses her practice on U.S. employment-based immigration law, representing companies and individuals from around the world. She assists employers in developing and maintaining their U.S.-based workforce, helps individuals pursue their goals of living in the United States, and works to establish…

Kathryn Schababerle focuses her practice on U.S. employment-based immigration law, representing companies and individuals from around the world. She assists employers in developing and maintaining their U.S.-based workforce, helps individuals pursue their goals of living in the United States, and works to establish compliant and efficient immigration systems and processes. Kathryn handles a wide range of non-immigrant and immigrant visa matters. Her experience includes H-1B, TN, E-2, E-3, L-1, and O-1 petitions. She also manages PERM labor certification processes, I-140 immigrant petitions for EB-1, EB-2, and EB-3 categories, and I-140 and I-130 based immigrant visa applications through both Adjustment of Status and Consular Processing.

In her practice, Kathryn works with clients across various industries, including information technology, health care, energy, industrial construction, and small businesses/startups. She has experience that ranges from managing high-volume caseloads to private individuals. Kathryn also responds to Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), Administrative Appeals Office (AAO) briefs/requests, and other USCIS inquiries.

 Admitted in the District of Columbia. Not admitted in Virginia. Practice limited to federal immigration practice.