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Homeland Security

Oct 12, 2020

Major Overhaul of H-1B Program Announced

Announced by the Department of Homeland Security (DHS) and the Department of Labor (DOL) announced major changes that will make it significantly tougher for employers to sponsor H-1B visas for qualified aliens. The changes require employers to pay significantly higher wages, narrow the types of degrees that can qualify an applicant, and shorten the length of visas for certain workers. » Read More

Oct 09, 2020

Ninth Circuit Allows the End of Temporary Protected Status

On September 14, 2020, the United States Court of Appeals for the Ninth Circuit reversed a decision of a federal judge that had preserved Temporary Protected Status (“TPS”) for citizens of El Salvador, Haiti, Sudan, and Nicaragua. The Circuit Court ruled that the Department of Homeland Security (“DHS”) had acted within the limits of its authority to end TPS. » Read More

Oct 05, 2020

Major Changes Proposed to Student Visa to Have Big Impact on International Students

The Department of Homeland Security (“DHS”) has proposed a new rule that would significantly change immigration rules for international students in the United States. The proposed rule, detailed in a 256-page document, has drawn hundreds of public comments and could draw many more by the time the comment period ends on October 26. » Read More

Sep 18, 2020

DHS Expands Use of Biometric Data in Immigration

Last week, the Department of Homeland Security (“DHS”) announced plans to expand the use of biometric data in determining family relationships for immigration purposes. A proposed rule with the new protocols for biometrics use is expected to be published soon. This rule is also said to allow more uses of new technology as they become available. » Read More

Jun 24, 2020

Arbitrary H-1B Nonimmigrant Visa Denials Have Employers Thinking Federal Litigation Rather Than Administrative Review

U.S. Citizenship and Immigration Services (USCIS) data between 2015 and 2019 show that denials of the H-1B Specialty Occupation Nonimmigrant Visa Petitions have quadrupled for both initial H-1B petitions and those seeking the continuation of employment with the same employer.

According to immigration policy analysts, including the National Foundation for American Policy (NFAP), this is a result of more restrictive Trump administration policies, specifically the 2017 “Buy American and Hire American” executive order. » Read More

Apr 20, 2020

CBP Announces 90-Day Postponement of Import Duty, Tax, and Fee Payments for COVID-19 Impacted Businesses

On Sunday, the U.S. Department of Homeland Security’s Customs & Border Protection (CBP) announced that President Donald J. Trump signed an Executive Order that allows CBP to grant a 90-day postponement of certain duties, taxes, and fees that would have otherwise been due to CBP by importers across the United States.  » Read More

Feb 13, 2020

Department of Homeland Security Suspends New York Residents From All Trusted Traveler Programs

As an aftereffect of the Driver’s License Access and Privacy Act that went into effect on December 14, 2019, the Department of Homeland Security (DHS) has now suspended Trusted Traveler Programs such as Global Entry (for entry from abroad), NEXUS (for entry from Canada), SENTRI (for entry from Canada and Mexico), and FAST (for truck drivers entering the U.S. » Read More

Jan 10, 2020

New Jersey Governor Phil Murphy Passes Law Allowing Undocumented Immigrants to Obtain Driver’s Licenses

New Jersey Governor Phil Murphy passed a law on December 19, 2019, that allows undocumented immigrants to obtain driver’s licenses.

The legislation is to take effect starting January 1, 2021. The law creates two classes of licenses – one is the standard driver’s license and the second is the REAL ID, which can be used for federal security authentication. » Read More

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