Foreign nationals requesting admission (or readmission) to the United States in H1B status, especially those serving as consultants in the IT industry, continue to face scrutiny from U.S. Customs and Border Protection (CBP) officers stationed at U.S. ports of entry. One tool CBP officers frequently...
Today, President Joe Biden will sign three immigration-related executive orders (EOs). These EOs largely serve to undo various immigration policies and practices implemented by the Trump Administration. The first two EOs focus on the previous administration's efforts related to undocumented immigrants and asylum seekers, while...
This evening, the U.S. Department of Homeland Security (DHS) released the text of a final rule that will change the definition of "employer" in the H1B context. Per this rule, end-clients would be required to submit petitions to the USCIS for H1B workers.At the same...
For nonimmigrants temporarily in the United States, perhaps the most important date to track is the expiration date of one's I-94 arrival / departure record. The I-94 record used to be issued in paper form by the U.S. Customs and Border Protection (CBP) upon arrival...
President-Elect Joseph R. Biden has announced that he will nominate Alejandro Mayorkas to serve as the Secretary of the U.S. Department of Homeland Security (DHS). If he is confirmed by the Senate, Mayorkas, who immigrated from Cuba, would be the first Latino and the first...
Today, a federal circuit court ruled in favor of the U.S. Department of Homeland Security (DHS), staying the lower court's ruling from Monday, November 2nd that had blocked enforcement of the August 2019 public charge rule. This means that the DHS may immediately resume enforcement...
Read the update on this ruling here.Today, a federal district court held that the U.S. Department of Homeland Security (DHS) exceeded its authority in issuing the August 2019 public charge rule. The judge ordered the DHS to immediately cease enforcement of the rule, including the...
On October 21, 2020, the U.S. Immigration and Customs Enforcement (ICE) announced that the agency had arrested 15 students in F-1 status with approved optional practical training (OPT), who allegedly committed fraud by reporting employment with "companies that don't exist."In addition, ICE reportedly intends to...
Update: The unpublished version of the DOL rule can be found here, and the unpublished version of the DHS rule is available here. It has been reported that on October 6, 2020, the Department of Homeland Security (DHS) announced that it will issue two rules by...
Today, a federal district court in California issued a preliminary injunction, blocking the enforcement of President Trump's June 22, 2020 executive order that bans entry of certain nonimmigrants in H, L, or J status. However, this injunction only applies to the plaintiffs in the pending...
