Category Archives: Department of Homeland Security

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Temporary Protected Status Extended for South Sudan

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

Temporary Protected Status Extended for Sudan, El Salvador, Haiti, and Nicaragua

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

E-Verify Resumes Operation

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

DHS Publishes Final Rule for H-1B Lottery

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

E-Verify and the Government Shutdown

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

Notice of Proposed Rule for H-1B Cap Season: Summary and Real-World Implications

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

USCIS Publishes a Notice of Proposed Rulemaking to Remove Employment Authorization for Certain H-4 VISA Holders

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

Proposed Immigration Rule – Inadmissibility on Public Charge Grounds

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

USCIS Proposes Increase to Premium Processing Fee

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

DHS Details Extension of Temporary Protected Status for Somalia Beneficiaries

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

DHS Releases Fiscal Year 2017 Entry/Exit Overstay Report

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

TPS for Current Registered Yemen Beneficiaries Extended Until March 3, 2020

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

Designation of Honduras for TPS Terminated

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

DHS Announces Additional 15,000 H-2B Visas for 2018

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

USCIS Announces Termination of TPS for Nepal; Continues Trend with Other TPS Nations

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

DHS Issues New Rules for Searching Electronic Devices at the Border

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 Releases Comprehensive Worksite Enforcement Strategy

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

GT’s Rebecca B. Schechter and Courtney B. Noce Featured in Law360

Law360 recently published an article by Rebecca B. Schechter and Courtney B. Noce titled, “The New Normal For Business Immigration in 2018.” The article discusses the year ahead and what employers can expect in terms of immigration. Schechter and Noce provide insights on “Buy American, Hire American” (BAHA), including increased scrutiny and stricter requirements. Additionally, the … Continue Reading

TPS for El Salvador to End – Transition Extension Through 9/9/19

The Department of Homeland Security announced the cessation of Temporary Protected Status of citizens from El Salvador. This decision follows recent TPS decisions for Haiti, Honduras, and Nicaragua. Today’s decision will impact more than 200,000 Salvadorans in the United States for more than 15 – 20 years. DHS has announced a transition period through Sept. 9, 2019. … Continue Reading

TPS for Honduras Automatically Extended for Six Months

The Department of Homeland Security (DHS) automatically extended Temporary Protected Status (TPS) for nationals of Honduras for six months through a notice published in the Federal Register.  This was an automatic extension given that DHS did not make a decision on Honduras’ designation that was set to expire. Current beneficiaries of TPS under Honduras’ designation … Continue Reading

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
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