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Recent Posts in DHS News Category

  • State Dept. Expands Waivers of In-Person Interviews for Certain Temporary Nonimmigrant Visa Applicants

    The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by U.S. Citizenship and Immigration Services. The new authorization applies to temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas who ...
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  • DHS to Supplement H-2B Cap with Additional Visas in First Half of Fiscal Year

    The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 20,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2022. These visas will be set aside for U.S. employers seeking to employ additional workers on or before March 31, 2022. This supplemental cap ...
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  • DHS Announces Countries Eligible for H-2A and H-2B Visa Programs

    The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. For the next year, the Secretary of Homeland Security, with the concurrence of the secretary of state, has decided to: Add Bosnia and Herzegovina, the Republic of Cyprus, ...
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  • Federal Judge rules that the United States Cannot Stop Issuing Visas during Travel Bans

    A federal judge on Tuesday put a halt to the State Department practice of not issuing visas to travelers from other countries when travel bans are in place. The ruling, in response to a lawsuit, declares it unlawful for the State Department to use travel bans, which were issued to prevent the spread of COVID-19 by Presidents Donald Trump and Joe Biden, as a reason to stop processing visas for ...
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  • DHS Announces Designation of Croatia as a New Participant in the Visa Waiver Program

    Secretary of Homeland Security Alejandro N. Mayorkas, in coordination with Secretary of State Antony J. Blinken, designated Croatia as a new participant in the Visa Waiver Program (VWP). Starting no later than December 1, 2021, the Electronic System for Travel Authorization (ESTA) will be updated to allow citizens and nationals of Croatia to apply to travel to the United States for tourism or ...
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  • DHS EXTENDS FORM I-9 REQUIREMENT FLEXIBILITY (Effective September 1, 2021)

    The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire August 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 requirement ...
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  • IMMIGRANT VISA PRIORITIZATION

    Department of State posts that process both immigrant and nonimmigrant visas are prioritizing immigrant visa applications. However, the volume and type of visa cases each post will process continues to depend on local conditions. U.S. embassies and consulates have implemented social distancing and other safety measures, which have reduced the number of applicants consular sections are able to ...
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  • DHS Announces Continuation of International Entrepreneur Parole Program

    The International Entrepreneur (“IE”) parole program provides an opportunity for international entrepreneurs to establish start-up companies with a high growth potential in the United States. The IE program seeks to strengthen, grow, and create employment opportunities in the United States. The IE program has been in existence since 2017. However, there was a proposal to withdraw this program from ...
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  • Lawsuit Filed Against DHS for L-2 and H-4 Processing Delays

    On March 23, 2021, a class action lawsuit was filed against the Department of Homeland Security (DHS) challenging the extraordinary processing delays on extensions of status and extensions of employment authorization documents (EAD) for H-4 and L-2 nonimmigrant spouses. Jennifer Minear, President of the American Immigration Lawyers Association (AILA) stated, “The delays that H-4 and L-2 ...
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  • DHS and DOL Rules Altering the H-1B Process and Prevailing Wage Levels

    We have received confirmation that the Department of Labor (DOL)’s Prevailing Wage Rule titled, “ Restructuring of H-1B/H-1B1/E-3 and PERM Wage Levels ” has completed final stages of review and is expected to be republished as a final rule on Thursday, January 14, 2021. The rule is expected to take effect 60 days from the date of publication. The effective date of the rule will likely be further ...
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  • New DOL and DHS Rules Set Aside by Federal Court

    On December 1, 2020 , a California District Court set aside the Department of Labor (DOL) and Department of Homeland Security (DHS) rule intended to increase prevailing wages and restrict the eligibility for H-1Bs. The district court determined that the agencies did not follow proper rule-making procedures thereby violating the Administrative Procedures Act. At this time, it is unknown whether the ...
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  • DHS's Changes to the H-1B Visa Lottery Process

    On January 31, 2019, DHS published a final rule which makes two significant changes to the H-1B visa lottery process. The rule (1) adds an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions, and (2) it reverses the order by which USCIS will select petitions under the H-1B cap and the advanced degree exemptions. The final rule will become effective April ...
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  • DHS Extends Temporary Protected Status for Yemen

    The Department of Homeland Security (DHS) has re-designated the Republic of Yemen for Temporary Protected Status (TPS) and extended the existing TPS designation for the country by an additional 18 months, valid from March 4,2017, through September 3, 2018. The extension is in response to ongoing civil war and dangerous conditions that would threaten citizens who travel back to the Arabian ...
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  • Department of Homeland Security Launches New I-94 Website

    The U.S. Customs and Border Protection division of the Department of Homeland Security has launched a new redesigned I-94 website and an I-94 pre-payment option for individuals entering the United States. The new site, while providing the same functionality and information as the previous version, offers a cleaner and much more user-friendly presentation that is sure to be an invaluable resource ...
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