EADs

Humanitarian Parole Uncertainty: SCOTUS Halts CHNV Program, While Lower Court Orders Continued Processing for CHNV, Afghans, Ukrainians

By Otieno B. Ombok & Michael H. Neifach on June 2, 2025

Posted in EADs, Humanitarian Programs, Immigration Litigation, Parole / Advance Parole, Supreme Court, Trump Administration

The U.S. Supreme Court has lifted an April 14, 2025, temporary injunction blocking the Department of Homeland Security’s (DHS’s) decision to terminate humanitarian parole for individuals from Cuba, Haiti, Nicaragua, and Venezuela under the CHNV program. Noem v. Svitlana Doe, et al., No. 24A1079 (May 30, 2025).

U.S. District Court Judge Indira Talwani’s order is…

Supreme Court Allows Trump Administration to End Temporary Protected Status for Venezuela

By Amy L. Peck, Otieno B. Ombok & Michael H. Neifach on May 20, 2025

Posted in Compliance and Enforcement, Congress, EADs, Humanitarian Programs, I-9 and E-Verify, Immigration Litigation, Supreme Court, TPS, Trump Administration, US Immigration, USCIS

On May 19, 2025, the U.S. Supreme Court granted the Justice Department’s request to lift U.S. District Court Judge Edward Chen’s March 31 order halting the Department of Homeland Security’s (DHS) rescission of Temporary Protected Status (TPS) for approximately 350,000 Venezuelans.

Under the rescission, announced in a Federal Register Notice on Feb. 5, 2025…

No ‘X’ Marks: USCIS No Longer Issuing Documents with ‘X’ Gender

By Sarah P. Caze on April 3, 2025

Posted in EADs, Executive Orders, Trump Administration, US Immigration, USCIS

Effective April 2, 2025, all documents issued by U.S. Citizenship and Immigration Services (USCIS) will identify individuals as either male or female. Previously, USCIS-issued documents also listed “X” as a gender.

This policy change is a direct response to President Donald Trump’s Jan. 20, 2025, executive order (EO) vowing to “defend women’s rights and protect…

What’s Changing to H-1B Cap Gap for F-1 Students?

By Amy L. Peck on March 28, 2025

Posted in EADs, H-1B, Students / CPT / OPT / STEM, US Immigration, USCIS

Takeaways

The new DHS rule extends the H-1B Cap Gap period from 10.1 to 04.1.
F-1 students with pending or approved H-1B petitions benefit from this extension.
Employers must adjust their processes to comply with the new rule.

The Department of Homeland Security (DHS) has published a final rule (89 FR 10354) that…

President Trump’s Immigration-Related Executive Orders: Potential Impact on Employers

By Otieno B. Ombok on January 30, 2025

Posted in Biden Administration, Citizenship, Compliance and Enforcement, Department of State, Deportation, EADs, Executive Orders, Fees and Penalties, Green Cards, H-1B, H-4, Humanitarian Programs, Immigration and Customs Enforcement (ICE), Immigration Litigation, Other Non-immigrant Visas, Students / CPT / OPT / STEM, Supreme Court, Temporary (Non-immigrant) Work Visas, TPS, Travel (General), Trump Administration, US Immigration, USCIS

Following his inauguration on Jan. 20, 2025, President Trump issued a number of immigration-related Executive Orders (EOs) sure to have impact on employers and their business operations. So far, the focus in the media has been on border security, asylum, refugees, removal of undocumented aliens (deportation) and birthright citizenship. However, there are other aspects covered…

Hong Kong Residents Protected By New Deferred Enforced Departure Directive

By Michael H. Neifach on January 16, 2025

Posted in Biden Administration, DED, EADs, Humanitarian Programs, Students / CPT / OPT / STEM, US Immigration

Take measures to authorize employment authorization for the duration of the deferral; and
Consider

…

Immigration Hurdles Ahead: What Employers Can Expect from the Second Trump Administration

By Aimee Guthat & Kimberly M. Bennett on December 12, 2024

Posted in DAPA / DACA, Department of Labor, Department of State, EADs, Executive Orders, H-1B, H-4, I-9 and E-Verify, Immigration and Customs Enforcement (ICE), Industry Specific, L-1A / L-1B, O-1, Students / CPT / OPT / STEM, TPS, Travel (General), Travel Ban, Trump Administration, USCIS

President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his campaign platform, to anticipate upcoming immigration action.

We expect President Trump will take swift action in the following areas through…

DHS Announces Permanent Rule for 540-Day Automatic Extension of Work Authorization Renewals

By Amy L. Peck on December 12, 2024

Posted in Asylum / Refugee, Biden Administration, Congress, E-1 / E-2, EADs, H-1B, H-4, Humanitarian Programs, I-9 and E-Verify, L-1A / L-1B, L-2, Permanent Residence, Students / CPT / OPT / STEM, TPS, Trump Administration, USCIS

They timely filed an EAD renewal application

…

TPS for Lebanese Nationals Now Official Through May 27, 2026

By Michael H. Neifach on December 3, 2024

Posted in Biden Administration, DED, EADs, Humanitarian Programs, Parole / Advance Parole, TPS, Travel (General)

In October, DHS announced that Lebanese nationals would be eligible for Temporary Protected Status (TPS). On Nov. 27, 2024, that became official. TPS has been granted for 18 months, from Nov. 27, 2024, through May 27, 2026.

Individuals who are otherwise eligible must have been residing in the United States since Oct. 16, 2024, and…

DACA Case Update: Appeals Court’s Focus on Standing

By Michelle Choe on November 14, 2024

Posted in Biden Administration, Congress, DAPA / DACA, EADs, Immigration Litigation, Legislation, Supreme Court

Legal standing to sue is central to various state challenges to immigration policies. A party can only bring a lawsuit if they can demonstrate sufficient connection and harm from the challenged policy. The U.S. Supreme Court may soon address whether indirect economic harm is sufficient to confer standing, particularly in the context of the DACA…

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