Immigration Insights & Issues Blog
Key legal insights into modern immigration challenges.
On March 11, the U.S. Department of Homeland Security (DHS) published the draft of its proposed new registration Interim Final Regulation (IFR) referenced in the announcement by U.S. Citizenship and Immigration Services (USCIS) on February 25, 2025.[1] The IFR was published today in the Federal Register, March 12. Individuals who are required to register but …
Continue reading “April 11, 2025 Registration Rule Enhanced: Foreign Nationals – Carry your Papers!”
The Department of Homeland Security (“DHS”) has historically maintained a “sensitive spaces” or “protected areas” policy which restricted the U.S. Immigration and Customs Enforcement (“ICE”) agents from making arrests in certain areas, including (1) schools (including primary, secondary, colleges, universities, daycare, preschools, school bus stops), (2) places of worship (includes religious or civil ceremonies or …
Continue reading “Protecting Students and Schools: Guidance on Federal Agent Presence”
This article was updated after the 5th Circuit Court stayed the District Court case until a hearing on October 10. Meanwhile, USCIS is still accepting KFT PIP applications. On September 4, 2024, U.S. District Judge J. Campbell Barker for the Eastern District of Texas, Tyler Division, signed an Order denying the Motion of the U.S. …
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. …
Continue reading “65,000 More Reasons to Get Ready: Essential H-2B Filing Strategies for FY2024”
As U.S. companies struggle to find workers to fill their rosters, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), offered a reprieve through the authorization of supplemental visa numbers for the H-2B temporary non-agricultural worker program. Industries that may benefit from this “peak load need” visa boost include: hospitality, …
Continue reading “H-2B Visa Program gets “Peak Load” Visa Numbers Boost for FY 2023”
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 …
Continue reading “USCIS Issues New I-9 Guidance for Employees with DACA Work Authorization”
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 …
Continue reading “Important Update on Recent DHS and DOL Rule Changes to the H-1B Program”
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 U.S. Department of Homeland Security (DHS) recently issued its much anticipated Deferred Action for Childhood Arrivals (DACA) policy memorandum titled, “Reconsideration of the June 15, 2012 Memorandum Entitled ‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” on July 28 (July DACA Memorandum), which once again resumes DHS’s …
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 …
Continue reading “The DACA Decision – Supreme Court’s Ruling Provides Temporary Uncertain Relief”