DHS Announces Significant Changes to H-1B Cap Selection Process

On January 8, 2021, the U.S. Department of Homeland Security (DHS) published a final rule that significantly alters the longstanding randomized lottery process that U.S. Citizenship and Immigration Services (USCIS) has utilized to select H-1B cap-based petitions.

Public Charge Rule Survives (For Now)

On November 3, 2020, the U.S. Court of Appeals for the Seventh Circuit temporarily stayed an order that the U.S. District Court for the Northern District of Illinois issued in Cook County, Illinois, et al. v. Wolf et al., No. 19-cv-6334 (November 2, 2020). The district court’s order had vacated the U.S. Department of Homeland Security’s (DHS) Inadmissibility on Public Charge Grounds final rule (often referred to as the “public charge rule”) on a nationwide basis.

DACA Survives: SCOTUS Blocks Trump Administration Bid to End Deferred Action for Childhood Arrivals Program

On June 18, 2020, the Supreme Court of the United States issued its decision in DHS v. Regents of the University of California, No. 18-587, effectively blocking the U.S. Department of Homeland Security’s (DHS) attempt to end the Deferred Action for Childhood Arrivals (DACA) program.

U.S. Government Delays Revisions to H-4 Employment Authorization Regulations

The Trump administration’s plans to end the ability of spouses of H-1B visa holders to be granted work authorization now appear to be on a slower track than originally anticipated. Removing eligibility for work authorization to this class of foreign nationals requires promulgation of a new rule, the first step of which would be the issuance of a notice of proposed rulemaking (NPRM).

The Government Shutdown’s Impact on Immigration

On January 20, 2018, the federal government entered into a partial shutdown following Congress’s failure to reach an agreement to continue funding the federal government. Certain federal agencies that rely solely on government funding will not be able to provide most services. Agencies that receive funding from fees or other government sources are expected to remain open, but are expected to experience service delays.

What to Do When ICE Comes Knocking

The Trump administration’s tough rhetoric and early aggressive actions on immigration promise a period of increased worksite enforcement. With the administration’s strong statements against illegal immigration and abuses of the immigration system, including an executive order calling for 10,000 new U.S. Immigration and Customs Enforcement (ICE) agents, employers can expect an increased number of audits, raids, and investigations. Given this added scrutiny and the increased prospects of a fine or other penalty, employers may want to know their rights in the event of a worksite visit, and to review and update their protocols for responding to such visits.