65,000 More Reasons to Get Ready: Essential H-2B Filing Strategies for FY2024

On November 3, 2023, the U.S. Department of Homeland Security (“D.H.S.”) with support of the Department of Labor (“D.O.L.”) announced that it expects to make available an additional 64,716 H-2B temporary nonagricultural visas for Fiscal Year (F.Y.) 2024. This increase is in addition to the existing mandated 66,000 H-2B visas that are allotted each F.Y.  …

USCIS Issues New I-9 Guidance for Employees with DACA Work Authorization

In January 2021, United States Citizenship and Immigration Services (USCIS) issued new I-9 guidance regarding the completion of Form I-9 for certain employees working pursuant to the Deferred Action for Childhood Arrivals (DACA) Program. The new guidance specifically addresses the situation where an employee presents an unexpired Employment Authorization Document (EAD) with category code of …

Important Update on Recent DHS and DOL Rule Changes to the H-1B Program

On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in connection with an industry group lawsuit against both the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL). The judge found that both Departments failed to properly follow standard U.S. legal procedures governing …

I-9 Covid Employment Verification Compliance: ICE announces continuance of I-9 compliance flexibility

On September 14, 2020, U.S. Immigration and Customs Enforcement (ICE) announced an extension of its flexibility provisions related to Form I-9 compliance, which ICE granted earlier this year. The extended flexibility requirements are intended to address situations in which employers’ entire operations are being conducted remotely due to Covid-19 concerns.  The Department of Homeland Security …

The DACA Decision – Supreme Court’s Ruling Provides Temporary Uncertain Relief

The Trump administration has already announced its goal to end the Deferred Action for  Childhood Arrivals (DACA) policy commenced on June 15, 2012 by President Obama within the next six months post the decision of the U.S. Supreme Court on June 18 finding that the decision of the Department of Homeland Security (DHS) to end …

CROSS-BORDER TRAVEL BETWEEN THE U.S. AND MEXICO/CANADA – NON-ESSENTIAL TRAVEL RESTRICTIONS EXTENDED TO JUNE 22, 2020

On March 24, 2020, two notices (Notices) were published in the Federal Register by United States (U.S.) Customs and Border Protection (CBP) related to limitations on cross-border travel along the northern[1] and southern[2] borders of the U.S.  Both of these restrictions went into effect as 11:59 p.m. (EDT) on March 20, 2020, and remained in …

AM I AN ESSENTIAL TRAVELER BETWEEN CANADA AND THE U.S. OR MEXICO AND THE U.S.?

On March 24, 2020, the U.S. Department of Homeland Security (DHS) provided formal notices in the Federal Register of an earlier Trump Administration order, which limited travel between Canada and the U.S. as well as Mexico and the U.S. at land ports-of-entry, and ferries service effective March 20, 2020, 11:59 p.m. through April 20, 2020, …

DHS Increases H-2B Cap and Grants 35,000 Supplemental Visas for Second Half of 2020

In response to an extraordinary demand for seasonal labor, the U.S. Department of Homeland Security (DHS) announced on March 5, 2020 that it will increase the number of H-2B visas available for temporary nonagricultural workers by 35,000 for the second half of fiscal year 2020, allocating 20,000 visas for start dates beginning April 1, and …

Visa Waiver Program (VWP) Travel Challenges – Don’t Forget!

What is the VWP?  The VWP is administered by the Department of Homeland Security (DHS) in consultation with the State Department.  Currently, the program permits citizens of 38 countries[1] to travel to the United States (U.S.) for business or tourism purposes for up to 90 days without a visa, which is a major convenience.  In …

Doubling Down on Public Charge to Deny Immigration Applications

The concept of a public charge ground of inadmissibility[1] has been a part of immigration law for more than a century and the current statutory provision [§212(a)(4)] of the Immigration and Nationality Act, as amended (INA), has not been changed.  Yet,  based on a proposed regulatory change published by the Department of Homeland Security (DHS) …