Category Archives: Department of Homeland Security

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Travel Update: Refugee Admissions to Resume with Trump Executive Order

President Trump signed a new Executive Order (EO) on Tuesday, the same day as the last travel ban’s provision against refugee admissions was due to expire.  The EO allows refugees to travel into the U.S. and the Department of Homeland Security to process refugee applications. The Trump Administration had previously blocked refugee travel through an … Continue Reading

The White House Releases Immigration Principles & Policies

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

Abeyance on H-4 EAD Lawsuit

On Sept. 27, 2017, the Department of Homeland Security (DHS) made a motion requesting the abeyance of the court’s decision in Save Jobs USA v. United States Department of Homeland Security, commonly referred to as “the H-4 EAD lawsuit,” until Dec. 31, 2017. The motion requests the delay to allow DHS time to evaluate the H-4 … Continue Reading

President Trump Issues Proclamation on Travel Ban

On Sept. 24, 2017, President Trump issued a Proclamation imposing new limitations on visa issuance and travel to the United States for nationals of eight countries entitled “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.”  These countries include: Chad, Iran, Libya, North … Continue Reading

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

BREAKING – Supreme Court of the United States Partially Lifts Injunctions Barring President Trump’s Travel Ban But Agrees to Hear Case in Fall of 2017

On Monday, June 26, 2017, the Supreme Court of the United States partially revived part of President Trump’s second Executive Order (EO-2)  mandating a temporary travel ban from six Muslim-majority countries for 90 days, which will be in effect on June 29, 2017. EO-2 also sought to suspend the U.S. Refugee Admissions Program and limit 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

Guidance for Employers in Age of Increased Immigration Enforcement

Greenberg Traurig’s Nataliya Rymer, of counsel, and Jordi Bayer, associate, recently authored a New Jersey Law Journal (NJLJ) article, “Guidance for Employers in Age of Increased Immigration Enforcement,” which discusses the uptick in immigration enforcement activity by the Department of Homeland Security (DHS). This uptick includes worksite visits, which are in line with the stated policy of increased enforcement by the … Continue Reading

USCIS Reissuing Employment Authorization Document (EAD) Receipt Notices for Certain EAD Categories Filed Between July 21, 2016 and Jan. 17, 2017

Beginning Feb. 16, 2016, USCIS began reissuing receipt notices on Form I-797 to applicants who continue to have pending applications for renewed employment authorization (EAD applications) under certain categories that were originally filed between July 21, 2016 and Jan. 16, 2017. EAD applications that were filed during this window did not fall within the benefits of … 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

New Framework for Adjudicating National Interest Waivers

USCIS has established a new standard for adjudicating national interest waiver petitions by naming the Administration Appeals Office’s (AAO) Dec.27, 2016 decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), a precedent decision. This decision vacates Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998), which established … 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

DHS Extends TPS Status for Citizens of Yemen

By notice published in the Federal Register on Jan. 4, 2017, the Department of Homeland Security (DHS) announced that it will extend the Temporary Protected Status (TPS) for citizens of the Republic of Yemen for another 18 months (to September 2018). This extension allows qualified citizens of the Republic of Yemen to continue to stay … 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

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
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