Insight, News, and Strategy on Immigration Matters Around the World
The Deferred Action for Childhood Arrival program (DACA) is not legal, U.S. District Court Judge Andrew Hanen has ruled in State of Texas et al. v. U.S. et al.
Judge Hanen issued an injunction preventing the Department of Homeland Security (DHS) from accepting new DACA applications. However, recognizing the substantial reliance interests involved, he allowed…
While the news on the EB-5 investor visa appear promising, Congress has still failed to reauthorize the EB-5 regional center program beyond its June 30, 2021, sunset date.
Reduced Minimum Investment Amount
A federal district judge has struck down the 2019 EB-5 “modernization” regulation, finding the rule was invalid because it was enacted by DHS…
In Sanchez v. Mayorkas, 593 U.S. ____(June 7, 2021), the U.S. Supreme Court resolved the circuit split on whether a grant for temporary protected status (TPS) authorizes eligible noncitizens to adjust status to lawful permanent resident even if they entered the United States unlawfully – the Court held that it does not.
Previously, courts…
The Department of Homeland Security will no longer be collecting civil financial penalties for noncitizens who fail to depart from the United States. Secretary Alejandro Mayorkas announced that “[t]here is no indication that these penalties promoted compliance” and that the penalties were “ineffective and unnecessary punitive measures.”
The fines for undocumented workers who failed to…
Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Now, the Biden Administration is representing the Department of Homeland Security (DHS) in defending the H-4 EAD rule.
In 2014, the Obama Administration published the H-4 EAD rule, giving certain H-4…
President Joe Biden’s American Citizenship Act of 2021, introduced in Congress in February, would provide large-scale immigration reform. But it will be difficult to pass such a comprehensive bill.
The last time comprehensive immigration reform made it through Congress was in 1986, during the Reagan Administration (although another, smaller bill passed in 1990, during the…
The COVID-19 pandemic has forced DHS to delay full enforcement of the REAL ID law from October 1, 2021, to May 3, 2023, the agency has announced.
The REAL ID law requires every air traveler 18 years or older to show genuine REAL ID-compliant identification documents at airport security checkpoints for domestic travel. Those under…
The Department of Homeland Security (DHS) has announced that it plans to release 22,000 more H-2B visas in addition to the 66,000 H-2B visas available annually, reserving 6,000 for the Northern Triangle countries of Guatemala, El Salvador, and Honduras.
U.S. employers may bring foreign nationals to this country to fill temporary, non-agricultural jobs in H-2B…
The Healthcare Workforce Resilience Act (HWRA) has been introduced in the Senate again. The bill would recapture 15,000 immigrant visas for doctors and 25,000 for nurses.
The bill has bipartisan support. Introduced by Senators Dick Durbin (D-IL), John Cornyn (R-TX), Todd Young (R-IN), Chris Coons (D-DE), and Susan Collins (R-ME), the bill focuses on…
The U.S. Supreme Court agreed to hear a case from the Third Circuit that will resolve the circuit split on whether a grant of temporary protected status (TPS) authorizes eligible noncitizens to obtain lawful-permanent-resident status. Sanchez v. Mayorkas, No. 20-315. Arguments for the case are set for April 19, 2021.
A circuit court split…
