Department of Homeland Security Proposes Removing Obama-era International Entrepreneur Rule
The Department of Homeland Security holds the discretionary power to permit entry into the United States in humanitarian or public benefit cases. In the final months of the Obama administration in 2016, the Department of Homeland Security amended its regulations regarding "parole", or temporary entry, to include high-quality entrepre...
DHS Announces Changes to the H-1B Cap
On Thursday, January 31, 2019, the Department of Homeland Security (DHS) that will make significant changes to the H-1B cap process. As mentioned in a , the United States Citizenship and Immigration Services (USCIS) has been working on a proposal to make changes to the H-1B cap process.
DHS May Publish Proposal to Rescind H-4 Employment Authorization
Since March 2015, the Employment Authorization Document (EAD) program for spouses of H-1B beneficiaries (H-4) has been in place, offering H-4 spousal work authorization. However, in early 2017, the Trump Administration announced its intentions to review and reconsider the H-4 EAD program.
Prior to that date, in April 2015, a group...
DHS and USCIS Announces Final Rule on Inadmissibility on Public Charge Grounds
On Monday, August 12, 2019, the United States Department of Homeland Security (DHS) and Citizenship and Immigration Services (USCIS) that clearly defines the long-standing public charge inadmissibility law.
According to section 212(a)(4) of the Immigration and Nationality Act (INA), the government must at a minimum consider a for...
DHS Proposes Registration Fee for H-1B Cap
On September 3, 2019, the Department of Homeland Security (DHS) announced a requiring petitioners seeking to file H-1B cap-subject petitions to pay a $10 fee for each electronic registration they submit to the United States Citizenship and Immigration Services (USCIS). DHS is proposing this registration fee in order to recover the ...
H-4 EAD Rescission Proposal Remains Under Federal Review
The United States Department of Homeland Security (DHS) filed a status report in response to a court order in Save Jobs USA v DHS, a lawsuit that challenges the work authorization for H-4 spouses of H-1B beneficiaries. According to the status report, the proposal for rescinding H-4 work authorization is still under federal ...
Department of State Opens Registration for FY 2021 Diversity Visa Lottery
The Department of State (DOS) announced that it would begin accepting online registrations for the Fiscal Year (FY) 2021 Diversity Visa (DV) lottery starting on Wednesday, October 2, 2019 at noon EDT. Foreign nationals will have until Tuesday, November 5, 2019 at noon EDT to file online to enter the DV lottery. 55,000 green card numb...
Congress Passes Short-Term Spending Measure to Temporarily Extend Key Immigration Programs
With the passing of a short-term spending measure, Congress temporarily extended federal government funding through November 21, 2019 while FY 2020 budget negotiations continue. This means that many key immigration programs, which are under federal functions, will continue uninterrupted until then, pending President Trump's signature...
Injunction Following USCIS’s Publication of New Versions of Immigration Forms
On October 9, 2019, the United States Citizenship and Immigration Services (USCIS) published new editions of Forms I-485, I-129, I-539/I-539A, I-864, I-864EZ, and I-944. On its website, USCIS stated that it would accept the previous edition of the forms if they are postmarked on or before October 14, 2019.
The effective date of wh...
DHS Finalizes H-1B Cap Registration Fee
The U.S. Department of Homeland Security (DHS) has officially finalized the H-1B Cap registration fee of $10 for each H-1B registration. However, DHS has yet to announce if this $10 non-refundable registration fee will be implemented for the fiscal year (FY) 2021 cap season.
According to the new rule, once the fee is implemented, ...