On October 20, 2023, the U.S. Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) for the H-1B Specialty Occupation Program. With these proposed rules, DHS hopes to modernize the program “by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures.” The 94-page NPRM revises much of the H-1B program from start to finish, including the registration process...

 Yesterday, the Secretary of the Department of Homeland Security, Alejandro Mayorkas, announced the designation of Ukraine for Temporary Protected Status (TPS) for a period of 18 months. In a statement the Secretary advised, “Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries. In these extraordinary times, we will continue to offer our support and protection to...

On July 31, 2020, the Department of Homeland Security (DHS) U.S. Citizenship & Immigration Services (USCIS) announced a final rule on the USCIS fee schedule, which includes a major restructuring of the filing fees for processing applications and benefits with the agency.   While the administration has many adjustments to the filing fees for processing cases, the filing fee to become a United States Citizen (Naturalization), will increase more than an 80% increase...

On February 28, 2019 the Department of Homeland Security announced that it was extending Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Nicaragua and Sudan until January 2, 2020. TPS beneficiaries from El Salvador, Haiti, Nicaragua and Sudan who properly re-registered during the most recent Registration period DO NOT need to file a new application for re-registration. The extension automatically extends TPS for individuals from those four countries to...

In the event of a labor strike, it is important that both H-1B employees and employers understand their respective rights and responsibilities. Rights of H-1B Employees Generally speaking, in order to maintain valid H-1B status in the United States, an H-1B employee is required to remain employed with her H-1B employer, under the terms set forth in the H-1B petition. In the absence of a strike, a failure to remain employed...

On January 08, 2018, the Secretary of the Department of Homeland Security announced her decision to end the Temporary Protected Status (TPS) designation for El Salvador. TPS provides temporary lawful status and work authorization to people already in the United States from countries affected by armed conflict, natural disaster or other strife. El Salvador was first designated by George W. Bush in March 2001 following a series of earthquakes, and has...

On January 9, 2018, Federal Court Judge William Alsup from the Federal District Court in San Francisco, California ordered the Department of Homeland Security (DHS) to resume processing applications for renewal of Deferred Action for Childhood Arrivals (DACA) while an on-going legal challenge to the Trump Administration’s rescission of the DACA program is resolved. Judge Alsup’s order applies nationwide to all current/prior DACA holders. In June 2012, the Obama Administration announced...

On November 20, 2017, the Department of Homeland Security (DHS) Acting Secretary, Elaine Duke announced it would end Temporary Protected Status (TPS) for Haiti. Haiti is the third country to have TPS terminated under the Trump Administration, following announcements to terminate TPS for Sudan and Nicaragua in September and November 2017. TPS was established by Congress in 1990 as a way to provide humanitarian relief to foreign nationals already residing in...

In November 2014, in recognition of the serious health threats posed by the Ebola virus outbreak in Guinea, Sierra Leone and Liberia, former Department of Homeland Security (DHS) Secretary Jeh Johnson designated these three countries for Temporary Protected Status (TPS) for a period of 18 months. The DHS subsequently extended the TPS designation through May 21, 2017. In September 2016, former DHS Secretary Jeh Johnson determined that the widespread transmission of...

  On Sunday, February 26, 2017, Managing Partner David Kolko appeared on Denver’s Channel 7 Politics Unplugged to discuss current immigration policy under the Trump Administration. Mr. Kolko provided insights into the recent Executive Orders and Department of Homeland Security (DHS) Memoranda regarding interior immigration enforcement and border security. Mr. Kolko discussed the expansive nature of the Executive Orders and DHS Memoranda, and highlighted the lack of clarity within those documents...

  On February 20, 2017, Department of Homeland Security (DHS) Secretary John Kelly issued two memoranda, “Enforcement of the Immigration Laws to Serve the National Interest,” and “Implementing the President’s Border Security and Immigration Enforcement Improvement Policies.” These two “Kelly Memos” direct DHS employees, including employees of the U.S. Citizenship and Immigration Service (USCIS), Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) on the implementation of President Trump’s...

  On January 27, 2017, President Donald Trump signed his third immigration-related Executive Order, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” Although the title of the Executive Order suggests that it will protect our nation, the contents of the Executive Order are likely to jeopardize the safety of Americans and bona fide refugees all over the world, rather than actually protect the homeland. Since the issuance...

The new Department of Homeland Security (DHS) final regulations, “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Improvements Affecting High Skilled Nonimmigrant Workers,” (effective date January 17, 2017), may enable non-profit schools and school districts to secure an exemption from the annual H-1B Cap, thus providing a clear pathway for these institutions to hire qualified foreign national teachers as H-1B highly skilled workers without regard to the annual limits on the...

On October 24, 2016, the U.S. Citizenship and Immigration Service (USCIS) announced fee increases for most immigration applications and petitions. USCIS operations are funded almost entirely through application fees and the agency is required to evaluate fees every two years. This is the first fee increase for USCIS in six (6) years, and we will see an average increase of 21% for fees for all applications and petitions. The Biometric Services...

Department of Homeland Security (DHS) Secretary Jeh Johnson has extended the Temporary Protected Status (TPS) designation for Sudan for an additional period of 18 months. The Secretary has determined that due to on-going armed conflict in Sudan, the country is experiencing extraordinary and temporary conditions that prevent its nationals from returning in safety and that permitting such aliens to temporarily remain in the United States is not contrary to U.S. national...