EADs

What DHS’ Vacatur of Venezuelan TPS Means for Employers

By Marissa A. Prianti & Michael H. Neifach on January 31, 2025

Posted in Biden Administration, EADs, Humanitarian Programs, TPS, Trump Administration, USCIS

DHS Secretary Kristi Noem announced on Jan. 29, 2025, that she is vacating former DHS Secretary Alejandro Mayorkas’ Jan. 17, 2025, redesignation of Temporary Protected Status (TPS) for Venezuela for an additional 18 months. This announcement impacts approximately 600,000 Venezuelans currently in the United States with TPS.

Former Secretary Mayorkas designated Venezuela for TPS once on…

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

By Otieno B. Ombok & Marissa A. Prianti 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…

How Employers Can Prepare for End of Bundled Processing of Work Authorizations for H and L Dependents

By Otieno B. Ombok on November 7, 2024

Posted in Biometrics, EADs, H-1B, H-4, Immigration Litigation, L-1A / L-1B, L-2, USCIS

In January 2025, the settlement agreement that returned USCIS to its practice of “bundling” adjudication of extensions of stay and applications for employment authorization documents (EADs) for dependent spouses of H-1B and L-1 visa holders will expire. Without that bundling policy, some dependents and their employers could experience lengthy processing times and possible gaps in…

What Lebanese Nationals Currently in U.S. Should Know About TPS Designation, DED Option

By Michael H. Neifach on October 23, 2024

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

The Department of Homeland Security (DHS) designated Lebanon for Temporary Protected Status (TPS) for 18 months due to the conditions in that country caused by the conflict across the Israeli-Lebanese border. The Oct. 17, 2024, designation will apply to otherwise eligible individuals who have continuously resided in the United States since Oct. 16, 2024.

Instructions…

TSA Proposes Moving REAL ID Compliance for Domestic Fliers to 2027

By Forrest G. Read IV on September 20, 2024

Posted in Citizenship, Congress, EADs, Legislation, Travel (General), TSA, USCIS

The Transportation Security Administration (TSA) has proposed delaying enforcement of the REAL ID requirement for passengers of domestic airlines to give travelers two more years to update to REAL ID-compliant identifications. The proposal is open for comments until Oct. 15, 2024.

The REAL ID Act was passed by Congress based on the 9/11 Commission’s recommendations.

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