Tag Archives: DHS

DHS issues Guidance Relaxing Form I-9 Requirements

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

U.S. Extends Travel Restrictions to U.K. and Ireland – Department of Homeland Security Outlines New Re-Entry Process for U.S. Citizens, U.S. Legal Permanent Residents and Other Exempted Individuals from Certain European Countries, China, and Iran, including Mandatory 14-Day Self-Quarantine Period

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

U.S. Immigration and Coronavirus Disease 2019 – Facts, Thoughts, Questions and Answers

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

Update: As Covid-19 Concerns Grow, So Does Entry Ban

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

OMB Releases Fall 2019 Unified Regulatory Agenda; DHS & USCIS Expect Active Rulemakings

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

Poland Designated 39th Member Country in Visa Waiver Program

As reported previously, President Trump announced that his administration has nominated Poland as a Visa Waiver Program (VWP) participating country. Today, Acting Secretary of Homeland Security Kevin McAleenan formally announced the designation of Poland into the Visa Waiver Program (VWP) . On Nov. 11, 2019, Polish citizens and nationals will have the ability to apply for … Continue Reading

Reminder of the Automatic EAD Extension for Certain TPS Beneficiaries

E-Verify released a reminder on Sept. 27, 2019, that certain employment authorization documents (EADs) issued by United States Citizenship and Immigration Services (USCIS) to Temporary Protected Status (TPS) beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador are automatically extended through Jan. 2, 2020. We reported the Department of Homeland Security’s (DHS) notice of their action … Continue Reading

Trump Administration Nominates Poland for U.S. Visa Waiver Program

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

Administration Extends TPS for Syria

The Department of Homeland Security has announced an extension of Temporary Protected Status (TPS) through March 31, 2021, for approximately 7,000 Syrian nationals legally in the United States. For more information on Syria or other TPS matters, please contact your GT attorney or click here. This blog will be updated as information becomes available, so please check back … Continue Reading

OMB Completes Review of DHS/USCIS Public Charge Rule

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

EB-5 Regulations Summary

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

DHS Completes Public Charge Rule; Forwards to OMB

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

USCIS Announces Cap Reached for Additional H-2B Visas for FY 2019

USCIS announced June 7 it had received sufficient petitions to reach the recently allocated 30,000 additional returning worker H-2B visas (see our related May 8 post here). Some commenters had noted that the returning worker and the “irreparable harm” attestation requirements required under the additional allocation might suppress utilization. Even with the additional requirements, U.S. employers maintained … Continue Reading

The United States Will Now Require Visa Applicants to Provide Social Media Information

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

OMB Releases Spring Unified Regulatory Agenda; Provides Update on EB-5 and Other Pending Regulations

Today, the Office of Management and Budget (OMB) released the bi-annual Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions.    As set forth in a Federal Register notice and using the Department of Homeland Security as an example, the Unified Agenda is explained as follows:  This regulatory agenda is a semiannual summary of projected … Continue Reading

Final Rule Released to Provide 30,000 Additional H-2B Visas This Fiscal Year

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

Federal Agencies Release Prepublication Joint Rule for Additional H-2B Visas

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

OMB Completes H-2B Numerical Increase Rule Review

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

Presidential Memorandum on Combating High Nonimmigrant Overstay Rates

On April 22, President Trump, in a quick turn to interior immigration enforcement, issued a Presidential Memorandum (Memo) initiating a process to develop administration initiatives to address visa overstays in the United States. Last week, the Department of Homeland Security released the Fiscal Year 2018 Entry/Exit Overstay Report, stating a total overstay rate of 1.22%, … Continue Reading

H-2B Rule Sent to OMB for Review

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

No-Match Letters Are Back, and They’re No Laughing Matter

The Social Security Administration (SSA) has once again begun notifying employers (and third-party payroll companies) who submitted Form W-2s containing name and Social Security Number (SSN) combinations that do not match the agency’s records, with what are known as “No-Match Letters.” Such discrepancies can arise from commonplace events such as marital name changes, but can … Continue Reading

DHS Grants Additional H-2B Visas for Seasonal Employment

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

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
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