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On March 9, 2021, the U.S. Department of Homeland Security (DHS) announced that it will no longer defend the 2019 Public Charge Final Rule, stating that further defense of the rule “is neither in the public interest nor an efficient use of limited government resources. Consistent with that decision, the Department of Justice will no longer pursue appellate review of judicial […]

On March 9, 2021, the U.S. Department of Homeland Security (DHS) designated Venezuela for Temporary Protected Status (TPS), effective immediately. For a period of 18 months, citizens and nationals of Venezuela who are granted TPS are eligible to remain in the United States irrespective of their current or prior U.S. immigration status. In addition, TPS beneficiaries can obtain work authorization in the form of Employment Authorization Documents […]

Foster first reported in March of 2020 that the Department of Homeland Security (DHS) was providing flexibility to employers in completing the Form I-9, allowing employee documents presented in connection with the Form I-9 review process to be examined remotely (e.g., via video link, fax, e-mail, etc.) rather than in the employee’s physical presence. This was permitted under certain circumstances for employers with employees taking […]

On January 8, 2021, the U.S. Department of Homeland Security (DHS) is scheduled to publish in the Federal Register a final rule prioritizing allocation of H-1B visas according to the wage level of the offered position.  The stated goal of the regulation is to fulfill President Trump’s order for DHS to take action to ensure that H-1B visas are allocated […]