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Articles Posted in DHS

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Federal Court Vacates The 17-Month STEM OPT Extension Program But Allows Further Action From DHS Till February 12, 2016

On August 12, 2015, U.S. District Judge Ellen Segal Huvelle vacated the Department of Homeland Security’s 17-month STEM OPT Extension program that has been in existence since 2008. But because an immediate vacatur of the STEM OPT program would cause “substantial hardship” to thousands of F-1 students and create a…

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DHS POLICY MEMORANDUM: Guidance on When to File an Amended or New H-1B Petition

We would like to inform our readers that on July 21, 2015 the Department of Homeland Security issued a policy memorandum which provides guidance to employers and H-1B applicants regarding when to file an amended or new H-1B petition following the case law, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542…

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URGENT NOTICE: Mandatory return of 3-year DACA EADs by July 27, 2015

On July 15, 2015 USCIS announced that it mistakenly issued approximately 2,100 employment authorization cards to DACA recipients that were printed with a three-year validity period instead of a two-year period, following a court injunction prohibiting USCIS from doing so. To correct the error, USCIS sent these recipients a notice…

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What is happening with DACA/DAPA?

On November 20, 2014 President Barack Obama announced a series of executive actions on immigration designed to repair our country’s broken immigration system. Among its provisions, the executive actions on immigration outline plans to: strengthen border security, expand I-601A provisional waiver eligibility, modernize visa backlogs, expand eligibility for parole in…

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Arpaio V. Obama: An Executive Action Update

On Monday May 4, 2015 a federal appeals court heard arguments in the case Joseph Arpaio v. Barack Obama, et al, U.S. Court of Appeals for the District of Columbia Circuit, No. 14-5325. Back in November of 2014 in the wake of Obama’s executive actions, Maricopa County Sheriff Joe Arpaio…

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New Rules Governing the H-2B Visa Program

Today, April 28, 2015 the U.S. Department of Labor and Homeland Security announced two new rules governing the H-2B Visa Program. The first is a new interim final rule established for the purpose of reinstating and improving the H2B program and second, a final rule to establish the program’s prevailing…

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Update on the H-2B Program

On March 4, 2015, the federal district court in the Northern District of Florida ruled in Perez v. Perez that the Department of Labor (DOL) lacks authority under the Immigration and Nationality Act (INA) to issue regulations in the H-2B program. This decision vacated and permanently enjoined DOL from enforcing…

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DHS Receives Funding Through September

The power of the purse has spoken and the Democrats have come out on top. On Tuesday March 3rd the Republican led House of Representatives passed a bill funding the Department of Homeland Security up until September of this year. The bill passed by a vote of 257 to 167,…