The U.S. Department of Justice (DOJ) has reached another settlement with a company in Boise, Idaho, over allegations that it violated the Immigration and Nationality Act (INA) by unlawfully discriminating against a U.S. citizen when it failed to hire him for a position and instead hired a temporary visa worker. The alleged discrimination occurred in…

DHS has announced additional guidance and protocols related to protecting workers involved in worksite investigations.
Continue Reading DHS Announces Additional Guidance to Worksite Enforcement Initiatives Announced in 2021 – New Authority to Grant Employment Authorization and Deferred Status to Certain Vulnerable Employees

On July 16, the Federal District Court for the Southern District of Texas issued a permanent injunction against the Deferred Action for Childhood Arrivals (DACA) program. However, the court temporarily stayed the portion of the decision that would remove DACA protections and employment authorization for current DACA recipients, while the Biden administration engages in rulemaking…

As an update to previous entries, the Office of Management and Budget has posted the conclusion of DHS/USCIS Public Charge Rule review:

Department of Homeland Security

AGENCY: DHS-USCIS RIN: 1615-AA22 Status: Concluded
TITLE: Inadmissibility on Public Charge Grounds
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: Yes
RECEIVED DATE: 07/12/2019 LEGAL DEADLINE: None
** COMPLETED: 07/31/2019 COMPLETED

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On July 12, the Department of Homeland Security (DHS) completed review and forwarded a final rule on a Public Charge rule to the Office of Management and Budget (OMB).

This action follows action last week as reported here wherein the Department of Justice completed review and forwarded aspects of a Public Charge final rule within…

On Feb. 26, the U.S. Supreme Court denied the Department of Justice’s petition for writ of certiorari in a Ninth Circuit DACA Case. The Court took the unusual step of encouraging the federal court to act stating “It is assumed the Court of Appeals will proceed expeditiously to decide the case.” This action means that…

Since the introduction of the Executive Order “Buy American, Hire American” (BAHA), federal agencies, including DHS and USCIS, are following the directive to focus on protecting U.S. workers and U.S. resources.  The USCIS website was updated as of Dec. 20, 2017 regarding BAHA and below are key highlights from this update, which is essentially a…

On Oct. 8, 2017, the White House released the promised Immigration Principles & Policies (Principles & Policies) which outline the Trump Administration’s position on immigration. This document is broken into three parts: 1) Border Security, 2) Interior Enforcement, and 3) Merit-Based Immigration. A summary of each part is broken down below.
Continue Reading The White House Releases Immigration Principles & Policies

The U.S. immigration agency’s busiest day of the year was marked with reminders about the dark side of the H-1B visa program.  Acceptance of H-1B cap-subject petitions started on April 3, 2017. But the flurry of H-1B filings were met with announcements from agencies involved with the H-1B program about measures designed to tighten policies…

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently issued two Technical Assistance Letters (TAL) that provide guidance on the Immigration and Nationality Act’s (INA) anti-discrimination provision and its applicability in situations involving the use of the E-Verify program and internal I-9 audits.

On August 24, 2015, the…