Federal District Judge Nicolas G. Garaufis struck down the Administration’s most recent attempt to limit the Deferred Action of Childhood Arrivals (DACA) program. He held that the Acting Secretary of Homeland Security, Chad Wolf, had not been properly appointed and therefore, his recent rollback of DACA was invalid. Rules regarding appointment and succession are

The Department of Homeland Security (DHS) has announced the arrest of 15 individuals who claimed to work on Optional Practical Training (OPT) for nonexistent companies.  In addition, USCIS notified 700 OPT recipients suspected of being complicit in similar activities that it would revoke their employment authorization.  Further, USCIS notified an additional 400 OPT recipients that

The U.S. Seventh Circuit Court of Appeals issued an administrative stay a day after a federal district court held the Public Charge Rule violated the Administration Procedures Act (APA)  and issued summary judgment in favor of the plaintiffs. 

During October 2020, thousands of Adjustment of Status (AOS) applications were filed by individuals and law

U.S. Immigration and Customs Enforcement (ICE) has been flexible about how to complete Form I-9 employment verification due to the COVID-19 pandemic, allowing companies working remotely to inspect documents virtually (e.g., over video link, fax, or email) since March 2020. The period of flexibility has been extended over and over and is now scheduled

Having instituted a new on-line registration process for Cap H-1B petitions last year, on November 2, 2020, the Department of Homeland Security (DHS) issued a notice of proposed rulemaking to replace the random selection process with a process that prioritizes H-1B petitions with the highest wage levels.

DHS sees wage levels as a proxy for

Announced via Tweet by Chad Wolf, Acting Secretary of the Department of Homeland Security, the COVID-related restrictions at the Canadian and Mexican borders have been extended yet again until November 21, 2020. These restrictions apply to land and sea entries and prevent entry for non-essential purposes. Although there continues to be some inconsistency at ports

The B-1 in lieu of H-1B visa has been used by international companies to bring employees who remain on payrolls abroad to the United States for short periods of time (generally fewer than six months) to do professional level work that benefits the company abroad. Through the rulemaking process, the Department of State is proposing

Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the Department of Labor (DOL) on October 8, 2020.

Those rules, both issued as Interim Final rules and without the usual notice and

Due to the COVID-19 experience, some employers and employees are exploring the idea that work may be carried out remotely. Countries with economies that rely heavily on tourism (and hard-hit by the pandemic) are using this to their advantage.

In the United States, business advocacy groups and many companies have been urging the removal of

The Department of Homeland Security (DHS) has released yet another rule that will make it harder and more costly for U.S. companies to employ highly skilled workers.

As a companion regulation to the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule, DHS has released the