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U.S. Department of Homeland Security

Announcement: Federal Judge Temporarily Blocks DOS and DHS from Implementing Public Charge Inadmissibility

August 4, 2020

A United States federal judge issued a nationwide injunction temporarily blocking the Department of State (“DOS”) and the Department of Homeland Security (“DHS”) from enforcing Public Charge inadmissibility in response to the COVID-19 pandemic. Judge George McDaniels of the United States District Court for the Southern District of New York

U.S. Supreme Court Allows DACA to Stand

July 6, 2020

On June 18th, the United States Supreme Court ruled that the U.S. Department of Homeland Security (“DHS”) acted arbitrarily and capriciously when it rescinded Deferred Action for Childhood Arrivals (“DACA”) and ordered DACA to stand. The DACA program, an Obama administration policy which provides deferred action on removal proceedings and

House Introduces Legislation to Increase Immigrant Visas for Foreign Doctors and Nurses

May 15, 2020

The United States House of Representatives has introduced companion legislation to the recently proposed Senate bill which would increase the number of immigrant visas issued to foreign doctors and nurses. Known as the “Healthcare Workforce Resilience Act,” the new legislation, if enacted, would authorize immigrant visas to qualified foreign nationals

Trump’s Immigration Ban May Result in More Employment-Based Immigrant Visas Being Issued

May 5, 2020

United States President Donald Trump’s Executive Order (“EO”) banning certain immigrants from immigrating may end up increasing the number of visas available for employment-based immigrant visa categories. Employment-based immigrant visas are capped at 140,000 worldwide per fiscal year while family-based immigrant visas are limited to roughly 250,000 per year. The

U.S. Federal Judge Finds Suspicionless Searches of Travelers Electronic Devices Unconstitutional

November 18, 2019

A U.S. Federal Court Judge has ruled that border control officers may not conduct suspicionless searches on arriving passengers’ smartphones and other electronic devices at the Port of Entry. The ruling by U.S. District Court Judge Denise Casper for the District of Massachusetts stated that while U.S. Customs and Border

U.S Federal Judge Blocks Incoming Public Charge Rule From Taking Effect

October 14, 2019

A New York federal judge has issued a nationwide preliminary injunction against the U.S. Department of Homeland Security (DHS) from implementing a new rule regarding how the agency determines whether an immigrant would be considered a “public charge.” The decision by Judge George Daniels of the U.S. District Court for

New Rule on Public Inadmissibility Charge Released by The U.S. Department of Homeland Security

August 16, 2019

On 12 August 2019, U.S. Department of Homeland Security (DHS) announced the publication of its new rule on public charge. In addition to the long standing requirements that intending immigrants must be able to show that they are able to financially support themselves either through a sponsor, their own assets

If You Are Convicted of a Crime, Will You Be Barred From Immigrating to the United States?

August 5, 2019

U.S. immigration law classifies certain criminal offenses as a “crime involving moral turpitude” (CIMT). If a foreign national is convicted of a CIMT or admits to the commission of a CIMT whether the crime was committed in the United States or abroad, it may render him or her inadmissible to

Update on Employer’s Training Obligation for Optional Practical Training Extension For STEM Students

January 9, 2019

The United States Citizen and Immigration Services (USCIS) recently updated their website so that the training experience of F-1 visa international students who receive science, technology, engineering and mathematics (STEM) degrees can no longer complete their optional practical training (OPT) in the workplace of their employer’s clients or customers. The

Homeland Security Proposes To Define “Public Charge” For Immigration Purposes

September 25, 2018

The U.S. Department of Homeland Security (DHS) recently announced that it will define the term “public charge” for immigration purposes. Currently, interviewing consular officers at U.S. Embassies and Consulates are authorized to refuse a visa if it is in their opinion that they are likely to become a public charge.