DACA Rescission Partially Blocked

By: Angelita Chavez-Halaka Jan. 13, 2018, Update:  Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.  (Resource: […]
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Temporary Protected Status (TPS) Termination & Alternative Forms of Relief

By: Angelita Chavez-Halaka On January 8, 2018, the Secretary of Homeland Security Kirstjen M. Nielsen announced the U.S. government’s decision to terminate the TPS designation for El Salvador. It is estimated that approximately 200,000 Salvadorians who are currently on TPS status in the U.S. could be will be impacted alone. What is TPS? TPS is […]
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Will DHS Make Changes to AC21 H-1B Extension?

By: Gladys V. Gervacio and Omar Nazarkhan Update: AILA updates practice alert noting USCIS is NOT considering change to AC21 H-1B Extension rules. (AILA Doc. No. 18010437, Posted 1/9/18) We have come across recent reports and rumors from a few media sources that seem to report that the Department of Homeland Security’s (DHS) intends to reverse its […]
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By 2020, All Domestic Air Travelers are Required to Show Real ID Compliant Identification

By: Angelita Chavez-Halaka Beginning January 22, 2018, residents of California will be able to obtain a REAL ID compliant identification card.  Current law has established minimum security standards for state-issued driver’s licenses and identification cards.  The law prohibits Federal agencies from accepting—for official purposes—licenses and identification cards that do not meet these standards. Not all states […]
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Starting a Business? After a Delay, USCIS is Accepting Applications Under the International Entrepreneur Rule (IER) – at least for now

By: Elizabeth Goings What Entrepreneurs Need to Know After a short delay, USCIS is now accepting requests for parole into the U.S for certain entrepreneurs seeking to start and grow start-up business under the IER program. Dependents may also accompany the entrepreneur. Although the program is in effect now, DHS may seek to remove it. […]
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Will the “Protect & Grow American Jobs Act” Impact Your H-1B Labor Force?

By: Angelita Chavez & Elizabeth Goings On November 15, 2017, a U.S. bill which could potentially impact H-1B dependent employers was passed by the House Judiciary Subcommittee on Immigration and Border Security.  Known as the “Protect and Grow American Jobs Act”, H.R. 170 was introduced in January with broad bi-partisan support and will now enter […]
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No More Deference: How USCIS Will Review Requests for Extentions

By: Elizabeth Goings In its latest round of updates, on October 23, 2017, USCIS issued a policy memorandum (PM-602-0151) which addresses how officers should review nonimmigrant petitions at the time of extension. Moving forward, USCIS will adjudicate all extension petitions at the same level of review it does for initial petitions for nonimmigrant categories such […]
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ICE Inspections at Workplaces: Should We Expect It?

By: Angelita Chavez-Halaka and Elizabeth Goings Earlier this week, the Acting Director of the U.S. Immigration and Customs Enforcement (ICE), Thomas Homan, stated the agency’s intentions to increase immigration enforcement in the workplace. Now, more than ever, employers and employees should know their workplace rights and how to prepare. Employers can take a few steps […]
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