Immigration regulations | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

District Court Finds DHS Did Not Exceed Its Authority in Issuing 2016 STEM OPT Rule

Posted on March 23, 2021 by sethlerner1964

The U.S. District Court for the District of Columbia concluded that DHS did not exceed its statutory authority under the INA in issuing the 2016 Optional Practical Training (OPT) rule, and thus found that both the 12-month OPT and the STEM OPT extension programs are lawful. Accordingly, the court denied the Washington Alliance of Technology Workers’ (WashTech) motion for summary judgment, granted the government’s and the intervenors’ motions for summary judgement, and denied WashTech motion to strike.

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Filed under: Immigration regulations | Tagged: opt, stem, stem extension, us district court, usdc | Leave a comment »

DHS Secretary Designates Burma for TPS for 18 Months

Posted on March 21, 2021 by sethlerner1964

DHS Secretary Mayorkas designated Burma for Temporary Protected Status (TPS) for 18 months. Individuals who can demonstrate continuous residence in the United States as of March 11, 2021, are eligible for TPS under Burma’s designation.

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Filed under: Immigration regulations | Tagged: burma, DHS, TPS | Leave a comment »

DHS and DOL pull immigration rules after Biden orders freeze.

Posted on February 18, 2021 by sethlerner1964

the Biden administration delayed asylum restrictions and walked back rules revising aspects of the H-2A and H-1B programs, following a freeze on new regulations. On Wednesday, the Office of Foreign Labor Certification said it had pulled the final H-2A rule, and also withdrew a request for comments on a new H-1B policy as the Dept. of Labor reassesses its stance on both. The agency said it withdrew the rule prior to publication “for the purpose of reviewing issues of law, fact, and policy,” therefore not taking effect. Attorney Allen Orr, president-elect AILA, stated that he is “relieved that we are not going to have the burden of figuring out a new regulation during the heaviest season for employment immigration.”

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