The Department of Homeland Security (DHS) has issued revised guidance on I-9 compliance in light of employer office closures around the country due to COVID-19. DHS announced that it will exercise its discretion to defer the physical presence requirement associated with completing Form I-9, where the employee must present physical documents to be examined by the … Continue Reading
Effective Monday, March 16, 2020, 11:59 p.m. EST, the U.S. will extend the same travel restrictions to the U.K. and Ireland as are already in effect for other European countries, China and Iran. The Department of Homeland Security also issued a Fact Sheet outlining the return process for persons affected by the March 11 presidential … Continue Reading
Travel to the U.S. – Suspensions and Restrictions (Updated March 15, 2020) The White House has published three Coronavirus Disease 2019 (COVID-19)-related proclamations relating to travel to the United States: Jan. 31, 2020: Proclamation 9984, Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Persons who Pose a Risk of Transmitting 2019 Novel Coronavirus. … Continue Reading
On March 11, 2020, President Trump signed a Presidential Proclamation, effective at 11:59 p.m. EST on March 13, 2020, which prohibits the entry of most foreign nationals who traveled to European – Schengen Area countries at any point during the 14 days prior to their scheduled arrival to the U.S. These restrictions will not apply … Continue Reading
On the heels of consular closings and additional travel restrictions aimed at preventing the spread of the COVID-19, the Trump administration announced on Feb. 29, 2020, it will deny entry to all foreign nationals who were physically present in the Islamic Republic of Iran within 14 days prior to their attempted entry in the United … Continue Reading
There are reported leadership changes at USCIS. According to reports, Joe Edlow, chief counsel of USCIS, has been appointed deputy director for policy, assuming responsibilities of Mark Koumans, deputy USCIS director and interim leader, who takes a new deputy director for operations role. According to reports, Mr. Koumans may return to DHS in a new … Continue Reading
Acting Department of Homeland Security (DHS) Secretary Chad Wolf announced that DHS will be immediately suspending Trusted Traveler Programs (TTP) for all New York residents, including Global Entry, NEXUS, Sentri, and FAST as of Feb. 5, 2020. The suspension will apply to new enrollment, as well as re-enrollment. It should be noted that this suspension … Continue Reading
As we previously reported here, USCIS published a notice of proposed rulemaking for an adjustment of fees to meet operational needs. Today, USCIS announced an extension of the comment period on the proposed fee increases for future years from Dec. 16 to Dec. 30, 2019. USCIS stated: SUMMARY: The Department of Homeland Security (DHS) is … Continue Reading
On Nov. 26, 2019, a complaint for Injunctive Relief and a Temporary Restraining Order was filed by Florida EB-5 Investments, LLC against the Department of Homeland Security (DHS) challenging a Nov. 21, 2019, DHS-issued final rule amending its regulations for the EB-5 program to purportedly modernize the rules (EB–5 Immigrant Investor Program Modernization, 84 Fed. … Continue Reading
Twice a year, the Office of Management and Budget, in concert with the General Services Administration and its own Office of Information and Regulatory Affairs, publish the Unified Regulatory Agenda (Unified Agenda). The Unified Agenda is a transparency program that publishes federal agency rulemakings in process. It is not a process set in concrete but … Continue Reading
After receiving Senate confirmation for an undersecretary position earlier in the day, Chad Wolf was sworn in and placed as the next Acting Secretary of the Department of Homeland Security (DHS). Since January 2017, there has been a mix of Senate-confirmed secretaries: John Kelly and Kristjen Nielsen; and acting secretaries: Elaine Duke, Kevin McAleenan, and … Continue Reading
Today, President Trump announced that his administration has nominated Poland as a Visa Waiver Program (VWP) participating country. Entry into the U.S. Visa Waiver Program allows citizens of participating countries to travel to the United States for tourism, business, or in transit for up to 90 days without having to obtain a visa. President Trump … Continue Reading
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 ACTION: Consistent … Continue Reading
As previously blogged (see EB-5 Regulations Published for Public Inspection), the EB-5 regulations have been published as of July 24, 2019, as final, to take effect Nov. 21, 2019. Below is a summary of the changes that will impact the EB-5 program: Priority Date Retention: Generally, priority date retention can be retained from an approved I-526 petition if … Continue Reading
After years of delay the Obama-era EB-5 immigration regulations were published on July 24, 2019. You can find a copy of the regulations at this link. You can also find a summary of them here. The regulations only apply to those who file their I-526 Petitions on or after Nov. 21, 2019. Without further ado, below are … Continue Reading
After more than two and a half years, Obama-era EB-5 immigration regulations are set to be published on July 24, 2019, with an effective date 120 days after publication or Nov. 21, 2019. See EB-5 Immigrant Investor Program Modernization. These regulations have been opposed by many industry participants, as evidenced in a letter to Congressional Leadership … Continue Reading
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 … Continue Reading
Former Virginia Attorney General Ken Cuccinelli has been appointed acting director of USCIS, replacing Acting Director Koumans. Director Koumans replaced Director Cissna on June 3 as acting director. Below is the USCIS release: WASHINGTON— Department of Homeland Security Acting Secretary Kevin McAleenan today announced that Kenneth T. (Ken) Cuccinelli will serve as the new acting director of … Continue Reading
Under a new State Department policy, virtually all visa applicants to the United States are now required to submit information about social media accounts they have used in the past five years. Applicants for immigrant and nonimmigrant visas must use the State Department’s Consular Electronic Application Center (CEAC) to complete online forms for nonimmigrant (DS-160) … Continue Reading
Today, May 8, 2019, after much anticipation, the Departments of Homeland Security and Labor posted a joint rule in the Federal Register providing 30.000 additional seasonal workers for American businesses. Based on interest, we also provide a link to the Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers released to facilitate the process. Please … Continue Reading
On May 6, the U.S. Departments of Homeland Security and Labor issued a prepublication of the joint temporary rule setting forth the process for accessing 30,000 additional H-2B visas. It is expected that on formal publication of the rule in the Federal Register May 8, eligible U.S. employers documenting returning worker status (over the last three … Continue Reading
On April 30, the Office of Management and Budget (OMB) announced the completion of its review of the regulation providing additional H-2B for fiscal year 2019- Agency: DHS-USCIS RIN: 1615-AC38 Status: Concluded Title: Exercise of Time-Limited Authority to Increase the Fiscal Year 2019 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program Stage: Final Rule … Continue Reading
Of counsel Kristen Burke and Associate Sarah Amendola, attorneys in Greenberg Traurig’s Immigration and Compliance Practice, wrote an article published in Texas Lawyer titled “The Era of Tougher Immigration Enforcement.” The commentary addresses DHS’s Immigration and Customs Enforcement, which has escalated its efforts to oversee and enforce I-9 compliance, both in terms of conducting audits and … Continue Reading
Following up on a previous report, the Department of Homeland Security forwarded a final H-2B Rule to the White House Office Of Management and Budget on April 22 (see below). Once OMB completes review, a final rule will be published in the Federal Register for implementation. Agency: DHS-USCIS RIN: 1615-AC38 Status: Pending Review Title: Exercise of Time-Limited Authority … Continue Reading
