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DHS PROPOSES NEW H-1B REGULATIONS IN AN EFFORT TO MODERNIZE THE PROGRAM AND DETER FRAUD

H1B-Add-Employee-Stock-Photo
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...
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360 Hits

DACA Program Fully Reinstated!

DACA-yes
On December 04, 2020, a U.S. District Court in the state of New York ordered the Department of Homeland Security (DHS) to fully reinstate the DACA Program. The order, which was effective immediately, requires DHS to start accepting new initial DACA applications, issue work permits with a validity period of two years, and allow DACA recipients to apply for Advance Parole. The order effectively directs DHS to adhere to the terms...
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2379 Hits

DACA Update – Supreme Court to Review Challenges to Termination of DACA Program

DACA Update – Supreme Court to Review Challenges to Termination of DACA Program
On September 05, 2017, the Trump administration announced that it would terminate the Deferred Action for Childhood Arrivals (DACA) program. Now, nearly two years later, the U.S. Supreme Court has agreed to review the legal challenges to the program. The Supreme Court will hear arguments from parties from both sides of the issue on November 12, 2019. Which means a decision on the case is expected no later than June 2020....
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3288 Hits

Updates on the Termination of Temporary Status (TPS) by the Trump Administration

Updates on the Termination of Temporary Status (TPS) by the Trump Administration
Temporary Protected Status or TPS, is a temporary immigration benefit for individuals from a country that is experiencing ongoing armed conflict, environmental disaster, or another temporary serious condition. Individuals who are granted TPS receive two main benefits: 1) protection from deportation/removal; and 2) authorization to work in the United States. In September 2017 the Trump Administration decided to end TPS for Sudan. In November, the administration decided to end TPS for...
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  3320 Hits
3320 Hits

DHS Intends to Publish Proposed Rule Rescinding H-4 Work Authorization by End of Year

DHS Intends to Publish Proposed Rule Rescinding H-4 Work Authorization by End of Year
The Department of Homeland Security (DHS) has advised that it is on track to issue a Notice of Proposed Rulemaking (NPRM) by the end of the year that would rescind the rule permitting employment authorization for certain H-4 spouses. This timeline was announced in a court filing last month by DHS in the ongoing litigation around the H-4 employment authorization regulations. H-4 non-immigrants are the spouses and children of non-immigrants in...
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2212 Hits

Submit DACA Renewal Applications Now

Submit DACA Renewal Applications Now
Due to a Federal Court Order directing the U.S. Citizenship and Immigration Service (USCIS) to resume accepting renewal applications for Deferred Action for Childhood Arrivals (DACA), individuals currently holding DACA and people whose DACA expired on or after September 5, 2016 are encouraged to submit DACA renewal applications to USCIS immediately. It is widely known that on September 5, 2017, President Trump terminated the DACA Program. (See DHS Rescinds the DACA Program)....
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  4820 Hits
4820 Hits

Trump Administration ends TPS for Haitians, ominous signs for other foreign nationals on TPS

Trump Administration ends TPS for Haitians, ominous signs for other foreign nationals on TPS
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...
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  2267 Hits
2267 Hits

USCIS updates Federal Form I-9; New Form mandatory starting September 18, 2017

USCIS updates Federal Form I-9; New Form mandatory starting September 18, 2017
On July 17, 2017, the Department of Homeland Security (DHS) updated Federal Form I-9 Employment Eligibility Verification Form. Between July 17, 2017 and September 17, 2017, U.S. employers may use either the Form I-9 version date November 14, 2017 or version date July 17, 2017 for their newly hired employees. However, starting on September 18, 2017, all U.S. employers are required to complete Form I-9 version date July 17, 2017 for...
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  2821 Hits
2821 Hits

DHS Regulatory Changes Impact Employment Authorization Document Renewals

DHS Regulatory Changes Impact Employment Authorization Document Renewals
The U.S. Department of Homeland Security (DHS) recently announced regulatory changes that apply to certain individuals’ work authorization in the United States. These changes will go into effect on January 17, 2017. The first major change eliminates the requirement under the old regulations that the U.S. Citizenship and Immigration Service (USCIS) adjudicate Employment Authorization Document (EAD) applications within 90 days of receipt. Without this deadline, individuals can now expect their initial...
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  9182 Hits
9182 Hits

Important Information for People on DACA

Important Information for People on DACA
  The Deferred Action for Childhood Arrival (DACA) program was implemented by executive order by President Obama in June of 2012. Under this program, qualified individuals receive reprieve from any immigration enforcement action against them and an employment authorization document (EAD) valid for two years. DACA has been renewable every two years for qualified individuals. In order to qualify, applicants had to establish they entered the United States when they were...
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3617 Hits

Employer Alert: Employers must use new Form I-9 starting on January 21, 2017

Employer Alert:  Employers must use new Form I-9 starting on January 21, 2017
On August 25, 2016, the Department of Homeland Security approved a revised Form I-9, Employment Eligibility Verification. USCIS is scheduled to publish the new form by late November 2016. Employers are permitted to continue to use the current version of Form I-9 (version date 03/08/2013) until January 21, 2017. After that date, all prior Form I-9 versions will be invalid. It is essential that employers ensure that they utilize the correct form...
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  2543 Hits
2543 Hits

Tax Time!

Tax Time!
It’s tax time again! The start of a new year brings responsibility to file income taxes with the IRS. Immigrants have tax responsibilities, too. There is no substitute for quality tax advice from a tax professional, and this is not meant to replace that advice. But, generally speaking, immigrants earning money in the United States, regardless of whether they are working lawfully or not, are required to report their income to...
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  2809 Hits
2809 Hits

Department of Homeland Security Announces 24-Month Extension of OPT for F1 Students with STEM Degrees

Department of Homeland Security Announces 24-Month Extension of OPT for F1 Students with STEM Degrees
The Department of Homeland Security (DHS) has amended the regulations regarding Optional Practical Training (OPT) for certain F-1 students who earned a degree in Science, Technology Engineering or Mathematics (STEM) from a U.S. college or university. The amended rule allows F-1 Students currently on OPT who possess a degree in a STEM field to extend their period of OPT for an additional 24 months. The 24 month STEM-OPT extension will be...
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  3303 Hits
3303 Hits

DHS Announces Extension of Temporary Protected Status for Sudan

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...
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  3356 Hits
3356 Hits

DHS issues proposed rule for OPT Extension for F-1 STEM Students

DHS issues proposed rule for OPT Extension for F-1 STEM Students
On October 16, 2015, the Department of Homeland Security (DHS) released an advanced copy of its proposed rule for an extension of Optional Practical Training (OPT) for F-1 nonimmigrant students with STEM degrees. The proposed rule will be published on October 19, 2015 and the DHS will accept comments through November 18, 2015. The rule in its current form is a proposed rule and is not yet final. The proposed rule...
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  2978 Hits
2978 Hits

DACA 3-Year Approvals Reduced to 2 Years

DACA 3-Year Approvals Reduced to 2 Years
In the wake of the pending litigation and injunction in Texas regarding the new deferred action programs for students and parents, a federal judge has ordered USCIS to be in full compliance of an injunction he previously issued. There are thought to be approximately 2,000 employment authorization documents (EAD’s) circulating that are not in compliance. Over the past several weeks, USCIS has been sending notices to DACA recipients who are affected....
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  5388 Hits
5388 Hits

DAPA Program to Remain on Hold

Today, the Fifth Circuit Court of Appeals announced a decision to maintain the hold in place on the current DAPA program, pending litigation in Texas. This spring, Texas and various other states sued to keep this program from happening, alleging that it would economically harm those states. A federal judge in Texas agreed, and halted the program until a full hearing could take place on the program. Attorneys for the Department...
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  2850 Hits
2850 Hits

USCIS to Begin Accepting Applications for Employment Authorization Documents for Certain H-4 Spouses on May 26, 2015

On May 26, 2015, USCIS will begin accepting applications for employment authorization (Form I-765) for certain spouses of H-1B foreign national workers. The H-1B foreign worker must 1) be in valid H-1B status in the United States and 2) must also be the beneficiary of an approved I-140 immigrant visa petition for an alien worker. If the principal H-1B holder meets both of these requirements, his or her spouse who is...
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  2570 Hits
2570 Hits

Relief for Nepali Nationals Announced

Today, USCIS announced some limited relief for Nepali citizens in the United States, in the wake of last week’s devastating earthquake.  While the agency stopped short of granting Temporary Protected Status, otherwise known as TPS, the agency did provide an array of temporary immigration relief for some Nepalese citizens. Among the protections announced, USCIS can grant the following: Change of status or extension of status, even if the applicant is currently...
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  2641 Hits
2641 Hits

Updating Gender Markers on Immigration Documents

For several years now, USCIS has permitted its customers to update gender markers on their immigration documents, such as work permits, green cards, and other documents. The process for doing so is a very relaxed process. Transgender and intersex people can file fairly easily-accessed documentation, and USCIS has been very responsive to those who wish to update their records. This process was memorialized with temporary guidance issued by the agency on...
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  2756 Hits
2756 Hits

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Kolko & Casey, P.C. is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, and Portuguese and we can arrange for translators in any other language.