Immigration Blog

Insight, News, and Strategy on Immigration Matters Around the World

Following Judge Edward Chen’s preliminary injunction blocking the termination of TPS status for beneficiaries from El Salvador, Haiti, Nicaragua, and Sudan, the DHS has issued guidance regarding its compliance with that Order. TPS status for beneficiaries from the four countries will continue so long as the preliminary injunction remains in effect. According to DHS, if the injunction remains in force into March 2019, the agency will issue another notice to extend TPS-related documentation (including…
The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program. Many of these changes have been proposed before, but have not yet made it to the rulemaking stage. Among what to expect are the following: USCIS is planning to release a notice of proposed rulemaking to create a registration requirement for those seeking H-1B cap-subject petitions. The upside is that employers would have to file full…
As Brexit negotiations are coming to a head, companies may need to take stock of the current situation and strategize about how to maintain employment of current EU national employees and how to prepare for the post-Brexit landscape. Jackson Lewis is a founding member of L&E Global, a worldwide alliance of premier firms specializing in counsel to employers. Our UK partner, Clyde & Co, has created a Brexit blog that companies doing business “across the…
While the Trump Administration is making it more difficult and less attractive for entrepreneurs to start their businesses in the United States (in the name of “Buy American and Hire American”), other countries are rolling out the welcome mat to entrepreneurs. In May 2018, the Administration proposed a rule to remove President Obama’s International Entrepreneur Rule (IER). While the IER is still in effect due to litigation brought by the National Venture Capital…
Historically, the U.S. Department of Labor’s Wage and Hour Division has been the primary auditor of companies using H-2B visa to hire temporary, seasonal workers. But amid debates over the cap on H-2B visas and an expressed need for more H-2B workers  the USCIS’ Fraud Detection and National Security unit (FDNS) is getting into the mix and conducting unannounced site visits. Until now, FDNS, according to its website, has been conducting compliance-review site visits…
California Federal Judge Edward M. Chen has issued a nationwide preliminary injunction in Ramos v. Nielsen, preventing the Administration from implementing its decisions to terminate Temporary Protected Status (TPS) for El Salvador, Haiti, Nicaragua, and Sudan, pending final resolution of the case. This may be particularly good news for Sudanese TPS beneficiaries whose status is scheduled to be terminated in less than a month, on November 2, 2018. The others are scheduled to terminate…
Ahead of Canada’s new law legalizing restricted recreational use of cannabis (marijuana), U.S. Customs and Border Protection spokesperson Stephanie Malin stated: Although medical and recreational marijuana may be legal in some U.S. states and Canada, the sale, possession, production and distribution of marijuana or the facilitation of the aforementioned remain illegal under U.S. federal law. . . The Canadian law goes into effect on October 17, 2018, and retail sales of cannabis will be…
The DHS is getting closer to changing and hardening the standard for determining who is or might become a “public charge” for immigration purposes. The agency “pre-released” a new rule, “Inadmissibility on Public Charge Grounds,” that it plans to officially publish in the Federal Register soon in order to start the 60-day Notice and Comment Period. Who Will Be Covered by the New Standard? Those applying for immigrant or nonimmigrant status abroad Those seeking admission…
USCIS has announced that the 2020 Diversity Lottery will open for registration at noon EST on October 3, 2018 and run until noon EST on November 6, 2018.  Fifty thousand green cards will be available. Eligibility requirements are set out in the Federal Register. This year, individuals from the following countries are not eligible:  Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea,…
The uncertainty regarding the rescission of the H-4 EAD Rule continues to drag on and the plaintiffs in Save Jobs USA v. United States Department of Homeland Security are getting tired of waiting. Save Jobs, a group of technology workers who claim to have been displaced by foreign nationals, initially challenged the H-4 EAD Rule in 2015 after it was instituted by the Obama Administration. The H-4 EAD Rule provides work authorization for spouses of…