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
Amid a flurry of media reports last week and verified today by U.S. Sen. Chris Van Hollen (D-MD), Homeland Security Secretary Kirstjen Nielsen announced the availability of 30,000 additional H-2B visas for 2019 seasonal employment. Several years ago, Congress gave the DHS Secretary, in consultation with the Department of Labor, the authority to augment H-2B seasonal visas … Continue Reading
In a last-minute change, the White House announced an extension of the Deferred Enforced Departure (DED) of Liberians until March 30, 2020. Prior to today’s announcement, the wind-down for DED was March 31, 2019. Citing foreign policy interests of the United States, the extension was granted with direction for the Congress to consider “remedial legislation.” … Continue Reading
The Department of Homeland Security announced an 18-month extension of Temporary Protected Status (TPS) for South Sudan. Current beneficiaries will be eligible to re-register to remain in the United States with work authorization through Nov. 2, 2020. South Sudan is one of ten (10) countries currently designated for TPS, which provides a temporary status to … Continue Reading
The Department of Homeland Security filed a notice Thursday, Feb. 28 extending Temporary Protected Status (TPS) for four countries – Sudan, El Salvador, Haiti, and Nicaragua – as a result of federal court action. The approximately 300,000 affected immigrants in the United States will be allowed to extend their stays until January 2020. Please check back with us for … Continue Reading
As the federal government re-opened (officially on Jan. 25, 2019), E-Verify has resumed operations. The Department of Homeland Security (DHS) has provided guidance regarding the resumption of E-Verify operations. Although all E-Verify features and services are now available, including the ability to resolve a Tentative Nonconfirmation (TNC), employers may experience longer-than-usual processing times as the … Continue Reading
On Nov. 30, 2018, the Department of Homeland Security issued the notice of proposed rulemaking to amend its H-1B cap-subject lottery process. On Jan. 31, 2019, USCIS will publish the final rule after a 30-day comment period. The final rule encompasses a pre-registration process and a modified selection process. The registration process will be suspended for FY … Continue Reading
We have received many client inquiries relating to E-Verify and the government shutdown. In short, E-Verify is unavailable, as the program’s authorization lapsed Dec. 22, 2018. The Department of Homeland Security, which oversees the program, announced that the website http://www.e-verify.gov/ will not be actively managed and will not be updated until after funding is restored. … Continue Reading
On Nov. 30, 2018, the Department of Homeland Security issued the notice of proposed rulemaking to amend its H-1B cap-subject lottery process that USCIS conducts every year. The proposed rule seeks to amend the way H-1B cap-subject petitions are submitted for the lottery, and also the way H-1B cap-subject petitions are randomly selected. USCIS proposes a … Continue Reading
As an update (to this recent posting), we clarify that USCIS recently indicated in the Fall Unified Agenda the posting of a Notice of Proposed Rulemaking in November 2018 (see RIN 1615-AC15) on this regulation. Please check back as this and other H-1B regulatory actions are anticipated in the near future. U.S. Department of Homeland … Continue Reading
USCIS has proposed rules that could deny entry to non-immigrants seeking admission to the United States and adjustment of status to permanent residence to immigrants if they rely on public benefits for food, housing or medical care, and other forms of public assistance. The proposed rule – “Inadmissibility on Public Charge Grounds” – is published in … Continue Reading
On Aug. 31, 2018, the Department of Homeland Security (DHS) proposed a final rule in the Federal Register to increase the premium processing fee for certain visa petitions to $1,410, effective Oct. 1, 2018. Premium processing, a service offered for certain petitions, requires U.S. Citizenship and Immigration Services (USCIS) to adjudicate a petition (i.e., approve, … Continue Reading
Following the July 20 announcement of the granting of Temporary Protected Status (TPS) for Somalian beneficiaries, the Department of Homeland Security published a notice on Aug. 27 with instructions for the 18-month Somalian TPS extension from Sept. 18, 2018 through March 17, 2020. The 60-day re-registration period runs from Aug. 27, 2018 through Oct. 26. 2018. … Continue Reading
On Aug. 7, the Department of Homeland Security (DHS) released the Fiscal Year 2017 Entry/Exit Overstay Report (or Overstay Report). Visa Overstay Reports have been requested by Congress in recent fiscal years as a means to encourage development of a barometric Port of Entry visa checking system and to report on overstays that were identified … Continue Reading
Today, the U.S. Department of Homeland Secretary, Kirstjen Nielsen, announced an extension of Temporary Protected Status (TPS) for approximately 1,250 Yemeni beneficiaries. This extension is somewhat unique in that (1) Yemen is one of seven countries listed in the travel ban and (2) this extension goes against the current trend of not extending TPS for … Continue Reading
As we previously reported, in January 2018 the Department of Homeland Security (DHS) automatically extended Temporary Protected Status (TPS) for nationals of Honduras for six months through an automatic extension, given that DHS did not make a decision regarding Honduras’s designation which was set to expire. At the time, Honduras’s TPS designation was automatically extended … Continue Reading
Today, Secretary of Homeland Security, Kirstjen Nielsen, announced an additional 15,000 H-2B temporary nonagricultural visas will be available for Fiscal Year 2018. DHS had been under political pressure to release additional H-2B visas by businesses and industry groups citing labor workforce needs. Groups had been calling for the immediate release of additional H-2Bs to help … Continue Reading
On April 26, 2018, Secretary of Homeland Security Kirstjen M. Nielsen announced, after reviewing country conditions and consulting with various U.S. government agencies, that the grounds for Nepal’s TPS designation on the basis of an environmental disaster are no longer met and as such, termination of the designation is required by statute. As a result, … Continue Reading
Travelers continue to experience heightened scrutiny at U.S. Ports of Entry. Whether the travel is for business or pleasure, travelers often carry an electronic device such as a cell phone or laptop. The current administration’s focus on border security has made travelers increasingly concerned about how to protect personal and corporate data contained on electronic devices.… Continue Reading
U.S. Immigration and Customs Enforcement (“ICE”) announced a three-prong approach to ensuring U.S. employers are hiring legally authorized workers. ICE’s strategy focuses on: Compliance, through increased I-9 inspections, civil fines and referrals for debarment from immigration benefit programs like Labor Condition Applications and PERM Labor Certifications; Enforcement, through arrests of not only of workers employed … Continue Reading
