The Department of Homeland Security and Office of the Director of National Intelligence invites you to attend an upcoming 2024 Public-Private Analytic Exchange Program (AEP) Virtual Info Sessions.
The AEP is sponsored by the Department of Homeland Security’s (DHS) Office of Intelligence and Analysis (I&A), on behalf of the Office of the Director of National Intelligence. DHS I&A Private Sector Engagement facilitates collaborative partnerships between members of the private sector and experienced U.S. government analysts to form several teams to address national security and homeland security issues. Participants work to create UNCLASSIFIED joint analytic deliverables of interest to both the private sector and the U.S. government. You must be a U.S. Citizen to participate.
The info sessions will include a detailed overview of the AEP, importance of the program, relationships built between the public and private sector, and how to apply for the 2024 AEP. You will hear former AEP participants share their experience. We encourage everyone to come with questions for discussion, as the AEP staff looks forward to socializing the program with you.
Session #1: Tuesday, November 21, 2023, 12:00 pm to 12:45 pm EDT. Register here.
If you are unable to attend this session, the AEP staff will host four additional info sessions on November 28th, November 30th, December 12th, and December 14th at 12:00pm EDT. Please search the DHS events page for information on how to join those sessions. Please note that each session will provide the same information, so it is only necessary to participate in one of them.
We are excited to promote this incredible program. We invite partners to ask questions during the call. Please share this announcement with colleagues across the public and private sector. We hope you can join!
WASHINGTON – Today, the Department of Homeland Security (DHS), through the U.S. Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL) published a temporary final rule making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024, on top of the statutory cap of 66,000 H-2B visas that are available each fiscal year. American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand from consumers. The supplemental visa allocation will help address the need for these workers in areas where too few U.S. workers are available, helping contribute to the American economy. The temporary final rule also advances the Biden Administration’s pledge, under the Los Angeles Declaration for Migration and Protection, to expand lawful pathways as an alternative to irregular migration.
By making these supplemental visas available at the outset of FY 2024, the Departments will help ensure U.S. businesses with workforce needs are able to plan ahead and find the seasonal and temporary workers they need. At the same time, DHS and DOL are reinforcing robust protections for U.S. and foreign workers alike, including by ensuring that employers first seek out and recruit American workers for the jobs to be filled, as the H-2B program requires, and that foreign workers hired are protected from unscrupulous employers. Recently, both DHS and DOL proposed regulations to further strengthen worker protections in the H-2A and H-2B visa programs, and the White House-led H-2B Worker Protection Taskforce released a report (PDF) detailing new actions to be taken by Federal agencies to strengthen protections for vulnerable H-2B and similarly situated U.S. workers.
The H-2B supplemental includes an allocation of 20,000 visas to workers from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras. This country-specific allocation is part of the Biden-Harris Administration’s efforts to build a safe, orderly, and humane immigration system that includes expanding lawful pathways for migration while strengthening consequences for those without a legal basis to remain in the United States.
In addition to the 20,000 country-specific allocation, 44,716 supplemental visas will be available to returning workers who received H-2B visas or were otherwise granted H-2B status during one of the last three fiscal years. The rule allocates these supplemental visas for returning workers between the first half and second half of the fiscal year to account for the need for additional seasonal and other temporary workers over the course of the year, with a portion of the second half allocation reserved to meet the demand for workers during the summer season. The semiannual cap of 33,000 H-2B visas authorized under the Immigration and Nationality Act (statutory cap) for the first half of FY 2024 was reached on October 11, 2023.
The supplemental H-2B visas have been divided into the following allocations:
First half of FY 2024 (October 1 to March 31): 20,716 visas are immediately available to returning workers – those who were issued H-2B visas or held H-2B status in FY 2021, FY 2022, or FY 2023, regardless of country of nationality. These petitions must request employment start dates on or before March 31, 2024.
Early second half of FY 2024 (April 1 to May 14): 19,000 visas are limited to returning workers – those who were issued H-2B visas or held H-2B status in FY 2021, FY 2022, or FY 2023, regardless of country of nationality. These early second half of FY 2024 petitions must request employment start dates from April 1, 2024, to May 14, 2024.
Late second half of FY 2024 (May 15 to September 30): 5,000 visas are limited to returning workers – those who were issued H-2B visas or held H-2B status in FY 2021, FY 2022, or FY 2023, regardless of country of nationality. These late second half of FY 2024 petitions must request employment start dates from May 15, 2024, to Sept. 30, 2024.
For the entirety of FY 2024: 20,000 visas are reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, regardless of whether such nationals are returning workers. Employers requesting an employment start date in the first half of FY 2024 may file such petitions immediately after the publication of this temporary final rule.
The H-2B program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature, such as a one-time occurrence, seasonal need, or intermittent need. Employers seeking H-2B workers must take a series of steps to test the U.S. labor market. They must obtain certification from DOL that there are not enough U.S. workers who are able, willing, qualified, and available to perform the temporary work for which they seek a prospective foreign worker, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The maximum period of stay in H-2B classification is three years. A person who has held H-2B nonimmigrant status for a total of three years must depart and remain outside of the United States for an uninterrupted period of three months before seeking readmission as an H-2B nonimmigrant.
DHS and DOL are committed to protecting all H-2B workers from exploitation and abuse, and to ensuring, consistent with law, that employers do not refuse to hire or appropriately recruit U.S. workers who are able, willing, qualified, and available to perform the temporary work. The temporary final rule implementing this allocation features several provisions to protect both U.S. and H-2B workers.
Petitions requesting supplemental allocations under this rule must be filed at the USCIS Texas Service Center. Petitions filed under the supplemental allocations in this rule at any location other than the Texas Service Center will be rejected, and the filing fees will be returned.
The Federal Bureau of Investigation (FBI) and Cybersecurity and Infrastructure Security Agency (CISA) are releasing this joint Cybersecurity Advisory (CSA) in response to recent activity by Scattered Spider threat actors against the commercial facilities sectors and subsectors. This advisory provides tactics, techniques, and procedures (TTPs) obtained through FBI investigations as recently as November 2023.
Scattered Spider is a cybercriminal group that targets large companies and their contracted information technology (IT) help desks. Scattered Spider threat actors, per trusted third parties, have typically engaged in data theft for extortion and have also been known to utilize BlackCat/ALPHV ransomware alongside their usual TTPs.
The FBI and CISA encourage critical infrastructure organizations to implement the recommendations in the Mitigations section of this CSA to reduce the likelihood and impact of a cyberattack by Scattered Spider actors.
Download the PDF version of this report:
TECHNICAL DETAILS
Note: This advisory uses the MITRE ATT&CK for Enterprise framework, version 14. See the MITRE ATT&CK® Tactics and Techniques section for a table of the threat actors’ activity mapped to MITRE ATT&CK tactics and techniques. For assistance with mapping malicious cyber activity to the MITRE ATT&CK framework, see CISA and MITRE ATT&CK’s Best Practices for MITRE ATT&CK Mapping and CISA’s Decider Tool.
Overview
Scattered Spider (also known as Starfraud, UNC3944, Scatter Swine, and Muddled Libra) engages in data extortion and several other criminal activities.[1] Scattered Spider threat actors are considered experts in social engineering and use multiple social engineering techniques, especially phishing, push bombing, and subscriber identity module (SIM) swap attacks, to obtain credentials, install remote access tools, and/or bypass multi-factor authentication (MFA). According to public reporting, Scattered Spider threat actors have [2],[3],[4]:
Posed as company IT and/or helpdesk staff using phone calls or SMS messages to obtain credentials from employees and gain access to the network [T1598],[T1656].
Posed as company IT and/or helpdesk staff to direct employees to run commercial remote access tools enabling initial access [T1204],[T1219],[T1566].
Posed as IT staff to convince employees to share their one-time password (OTP), an MFA authentication code.
Sent repeated MFA notification prompts leading to employees pressing the “Accept” button (also known as MFA fatigue) [T1621].[5]
Convinced cellular carriers to transfer control of a targeted user’s phone number to a SIM card they controlled, gaining control over the phone and access to MFA prompts.
Monetized access to victim networks in numerous ways including extortion enabled by ransomware and data theft [T1657].
After gaining access to networks, FBI observed Scattered Spider threat actors using publicly available, legitimate remote access tunneling tools. Table 1 details a list of legitimate tools Scattered Spider, repurposed and used for their criminal activity. Note: The use of these legitimate tools alone is not indicative of criminal activity. Users should review the Scattered Spider indicators of compromise (IOCs) and TTPs discussed in this CSA to determine whether they have been compromised.
Table 1: Legitimate Tools Used by Scattered Spider
Tool
Intended Use
Fleetdeck.io
Enables remote monitoring and management of systems.
Level.io
Enables remote monitoring and management of systems.
Enables remote access to a local web server by tunneling over the internet.
Pulseway
Enables remote monitoring and management of systems.
Screenconnect
Enables remote connections to network devices for management.
Splashtop
Enables remote connections to network devices for management.
Tactical.RMM
Enables remote monitoring and management of systems.
Tailscale
Provides virtual private networks (VPNs) to secure network communications.
Teamviewer
Enables remote connections to network devices for management.
In addition to using legitimate tools, Scattered Spider also uses malware as part of its TTPs. See Table 2 for some of the malware used by Scattered Spider.
Steals information including login credentials [TA0006], browser history [T1217], cookies [T1539], and other data.
VIDAR Stealer
Steals information including login credentials, browser history, cookies, and other data.
Scattered Spider threat actors have historically evaded detection on target networks by using living off the land techniques and allowlisted applications to navigate victim networks, as well as frequently modifying their TTPs.
Observably, Scattered Spider threat actors have exfiltrated data [TA0010] after gaining access and threatened to release it without deploying ransomware; this includes exfiltration to multiple sites including U.S.-based data centers and MEGA[.]NZ [T1567.002].
Recent Scattered Spider TTPs
New TTP – File Encryption
More recently, the FBI has identified Scattered Spider threat actors now encrypting victim files after exfiltration [T1486]. After exfiltrating and/or encrypting data, Scattered Spider threat actors communicate with victims via TOR, Tox, email, or encrypted applications.
Reconnaissance, Resource Development, and Initial Access
Scattered Spider intrusions often begin with broad phishing [T1566] and smishing [T1660] attempts against a target using victim-specific crafted domains, such as the domains listed in Table 3 [T1583.001].
Table 3: Domains Used by Scattered Spider Threat Actors
Domains
victimname-sso[.]com
victimname-servicedesk[.]com
victimname-okta[.]com
In most instances, Scattered Spider threat actors conduct SIM swapping attacks against users that respond to the phishing/smishing attempt. The threat actors then work to identify the personally identifiable information (PII) of the most valuable users that succumbed to the phishing/smishing, obtaining answers for those users’ security questions. After identifying usernames, passwords, PII [T1589], and conducting SIM swaps, the threat actors then use social engineering techniques [T1656] to convince IT help desk personnel to reset passwords and/or MFA tokens [T1078.002],[T1199],[T1566.004] to perform account takeovers against the users in single sign-on (SSO) environments.
Execution, Persistence, and Privilege Escalation
Scattered Spider threat actors then register their own MFA tokens [T1556.006],[T1606] after compromising a user’s account to establish persistence [TA0003]. Further, the threat actors add a federated identity provider to the victim’s SSO tenant and activate automatic account linking [T1484.002]. The threat actors are then able to sign into any account by using a matching SSO account attribute. At this stage, the Scattered Spider threat actors already control the identity provider and then can choose an arbitrary value for this account attribute. As a result, this activity allows the threat actors to perform privileged escalation [TA0004] and continue logging in even when passwords are changed [T1078]. Additionally, they leverage common endpoint detection and response (EDR) tools installed on the victim networks to take advantage of the tools’ remote-shell capabilities and executing of commands which elevates their access. They also deploy remote monitoring and management (RMM) tools [T1219] to then maintain persistence.
Discovery, Lateral Movement, and Exfiltration
Once persistence is established on a target network, Scattered Spider threat actors often perform discovery, specifically searching for SharePoint sites [T1213.002], credential storage documentation [T1552.001], VMware vCenter infrastructure [T1018], backups, and instructions for setting up/logging into Virtual Private Networks (VPN) [TA0007]. The threat actors enumerate the victim’s Active Directory (AD), perform discovery and exfiltration of victim’s code repositories [T1213.003], code-signing certificates [T1552.004], and source code [T1083],[TA0010]. Threat actors activate Amazon Web Services (AWS) Systems Manager Inventory [T1538] to discover targets for lateral movement [TA0007],[TA0008], then move to both preexisting [T1021.007] and actor-created [T1578.002] Amazon Elastic Compute Cloud (EC2) instances. In instances where the ultimate goal is data exfiltration, Scattered Spider threat actors use actor-installed extract, transform, and load (ETL) tools [T1648] to bring data from multiple data sources into a centralized database [T1074],[T1530]. According to trusted third parties, where more recent incidents are concerned, Scattered Spider threat actors may have deployed BlackCat/ALPHV ransomware onto victim networks—thereby encrypting VMware Elastic Sky X integrated (ESXi) servers [T1486].
To determine if their activities have been uncovered and maintain persistence, Scattered Spider threat actors often search the victim’s Slack, Microsoft Teams, and Microsoft Exchange online for emails [T1114] or conversations regarding the threat actor’s intrusion and any security response. The threat actors frequently join incident remediation and response calls and teleconferences, likely to identify how security teams are hunting them and proactively develop new avenues of intrusion in response to victim defenses. This is sometimes achieved by creating new identities in the environment [T1136] and is often upheld with fake social media profiles [T1585.001] to backstop newly created identities.
MITRE ATT&CK TACTICS AND TECHNIQUES
See Tables 4 through 17 for all referenced threat actor tactics and techniques in this advisory.
Scattered Spider threat actors impersonating helpdesk personnel direct employees to run commercial remote access tools thereby enabling access to the victim’s network.
Upon gaining access to a targeted network, Scattered Spider threat actors seek out SharePoint sites, credential storage documentation, VMware vCenter, infrastructure backups and enumerate AD to identify useful information to support further operations.
Impersonating helpdesk personnel, Scattered Spider threat actors direct employees to run commercial remote access tools thereby enabling access to and command and control of the victim’s network.
Scattered Spider threat actors leverage third-party software to facilitate lateral movement and maintain persistence on a target organization’s network.
Scattered Spider threat actors monetized access to victim networks in numerous ways including extortion-enabled ransomware and data theft.
MITIGATIONS
These mitigations apply to all critical infrastructure organizations and network defenders. The FBI and CISA recommend that software manufactures incorporate secure-by-design and -default principles and tactics into their software development practices limiting the impact of ransomware techniques, thus, strengthening the secure posture for their customers.
The FBI and CISA recommend organizations implement the mitigations below to improve your organization’s cybersecurity posture based on the threat actor activity and to reduce the risk of compromise by Scattered Spider threat actors. These mitigations align with the Cross-Sector Cybersecurity Performance Goals (CPGs) developed by CISA and the National Institute of Standards and Technology (NIST). The CPGs provide a minimum set of practices and protections that CISA and NIST recommend all organizations implement. CISA and NIST based the CPGs on existing cybersecurity frameworks and guidance to protect against the most common and impactful threats, tactics, techniques, and procedures. Visit CISA’s Cross-Sector Cybersecurity Performance Goals for more information on the CPGs, including additional recommended baseline protections.
Implementapplication controls to manage and control execution of software, including allowlisting remote access programs. Application controls should prevent installation and execution of portable versions of unauthorized remote access and other software. A properly configured application allowlisting solution will block any unlisted application execution. Allowlisting is important because antivirus solutions may fail to detect the execution of malicious portable executables when the files use any combination of compression, encryption, or obfuscation.
Reduce threat of malicious actors using remote access tools by:
Auditing remote access tools on your network to identify currently used and/or authorized software.
Reviewing logs for execution of remote access software to detect abnormal use of programs running as a portable executable [CPG 2.T].
Using security software to detect instances of remote access software being loaded only in memory.
Requiring authorized remote access solutions to be used only from within your network over approved remote access solutions, such as virtual private networks (VPNs) or virtual desktop interfaces (VDIs).
Blocking both inbound and outbound connections on common remote access software ports and protocols at the network perimeter.
Implementing FIDO/WebAuthn authentication or Public Key Infrastructure (PKI)-based MFA. These MFA implementations are resistant to phishing and not suspectable to push bombing or SIM swap attacks, which are techniques known to be used by Scattered Spider actors. See CISA’s fact sheet Implementing Phishing-Resistant MFA for more information.
Strictly limit the use of Remote Desktop Protocol (RDP) and other remote desktop services. If RDP is necessary, rigorously apply best practices, for example [CPG 2.W]:
In addition, the authoring authorities of this CSA recommend network defenders apply the following mitigations to limit potential adversarial use of common system and network discovery techniques, and to reduce the impact and risk of compromise by ransomware or data extortion actors:
Implement a recovery plan to maintain and retain multiple copies of sensitive or proprietary data and servers in a physically separate, segmented, and secure location (i.e., hard drive, storage device, the cloud).
Maintain offline backups of data and regularly maintain backup and restoration (daily or weekly at minimum). By instituting this practice, an organization limits the severity of disruption to its business practices [CPG 2.R].
Require all accounts with password logins (e.g., service account, admin accounts, and domain admin accounts) to comply with NIST’s standards for developing and managing password policies.
Use longer passwords consisting of at least eight characters and no more than 64 characters in length [CPG 2.B].
Store passwords in hashed format using industry-recognized password managers.
Add password user “salts” to shared login credentials.
Refrain from requiring password changes more frequently than once per year. Note: NIST guidance suggests favoring longer passwords instead of requiring regular and frequent password resets. Frequent password resets are more likely to result in users developing password “patterns” cyber criminals can easily decipher.
Require administrator credentials to install software.
Require phishing-resistant multifactor authentication (MFA) for all services to the extent possible, particularly for webmail, virtual private networks (VPNs), and accounts that access critical systems [CPG 2.H].
Keep all operating systems, software, and firmware up to date. Timely patching is one of the most efficient and cost-effective steps an organization can take to minimize its exposure to cybersecurity threats. Prioritize patching known exploited vulnerabilities in internet-facing systems [CPG 1.E].
Segment networks to prevent the spread of ransomware. Network segmentation can help prevent the spread of ransomware by controlling traffic flows between—and access to—various subnetworks and by restricting adversary lateral movement [CPG 2.F].
Identify, detect, and investigate abnormal activity and potential traversal of the indicated ransomware with a networking monitoring tool. To aid in detecting the ransomware, implement a tool that logs and reports all network traffic and activity, including lateral movement, on a network. Endpoint detection and response (EDR) tools are particularly useful for detecting lateral connections as they have insight into common and uncommon network connections for each host [CPG 3.A].
Install, regularly update, and enable real time detection for antivirus software on all hosts.
Consider adding an email banner to emails received from outside your organization [CPG 2.M].
Disable hyperlinks in received emails.
Ensure all backup data is encrypted, immutable (i.e., ensure backup data cannot be altered or deleted), and covers the entire organization’s data infrastructure [CPG 2.K, 2.L, 2.R].
VALIDATE SECURITY CONTROLS
In addition to applying mitigations, FBI and CISA recommend exercising, testing, and validating your organization’s security program against the threat behaviors mapped to the MITRE ATT&CK for Enterprise framework in this advisory. The FBI and CISA recommend testing your existing security controls inventory to assess how they perform against the ATT&CK techniques described in this advisory.
To get started:
Select an ATT&CK technique described in this advisory (see Tables 4-17).
Align your security technologies against the technique.
Test your technologies against the technique.
Analyze your detection and prevention technologies’ performance.
Repeat the process for all security technologies to obtain a set of comprehensive performance data.
Tune your security program, including people, processes, and technologies, based on the data generated by this process.
FBI and CISA recommend continually testing your security program, at scale, in a production environment to ensure optimal performance against the MITRE ATT&CK techniques identified in this advisory.
REPORTING
FBI and CISA are seeking any information that can be shared, to include a sample ransom note, communications with Scattered Spider group actors, Bitcoin wallet information, decryptor files, and/or a benign sample of an encrypted file. FBI and CISA do not encourage paying ransom as payment does not guarantee victim files will be recovered. Furthermore, payment may also embolden adversaries to target additional organizations, encourage other criminal actors to engage in the distribution of ransomware, and/or fund illicit activities. Regardless of whether you or your organization have decided to pay the ransom, FBI and CISA urge you to promptly report ransomware incidents to a local FBI Field Office, report the incident to the FBI Internet Crime Complaint Center (IC3) at IC3.gov, or CISA via CISA’s 24/7 Operations Center (report@cisa.gov or 888-282-0870).
The information in this report is being provided “as is” for informational purposes only. FBI and CISA do not endorse any commercial entity, product, company, or service, including any entities, products, or services linked within this document. Any reference to specific commercial entities, products, processes, or services by service mark, trademark, manufacturer, or otherwise, does not constitute or imply endorsement, recommendation, or favoring by FBI and CISA.
Process will allow family members to reunite in the United States while they wait for immigrant visas to become available
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a Federal Register notice implementing a new family reunification parole (FRP) process for Ecuador, advancing the Biden-Harris Administration’s successful combination of expanded lawful pathways and strengthened enforcement to reduce irregular migration. The FRP processes promote family unity and are one of the comprehensive measures announced in April to promote safe and orderly migratory pathways, consistent with the objectives in the Los Angeles Declaration on Migration and Protection.
The new FRP process is by invitation only for certain nationals of Ecuador and allows an eligible beneficiary to be considered for parole into the United States on a case-by-case basis while they wait for their family-based immigrant visa to become available. This process is intended to reunite families more quickly and provide an alternative to dangerous irregular migration.
Certain nationals of Ecuador who are beneficiaries of an approved Form I-130, Petition for Alien Relative, may be eligible to be considered for parole under the new FRP processes. Qualifying beneficiaries must be outside the United States, must meet all requirements, including screening and vetting and medical requirements, and must not have already received an immigrant visa.
The process begins with the Department of State issuing an invitation to initiate the process to certain U.S. citizen or lawful permanent resident petitioners whose Form I-130 filed on behalf of an Ecuadorian principal beneficiary has been approved. Beneficiaries waiting for an immigrant visa could include certain children and siblings of U.S. citizens and certain spouses and children of permanent residents. The invited petitioner can then file a request to be a supporter of the beneficiary and eligible family members, who may then be considered for advance travel authorization and parole.
As with all parole requests, under this FRP process for certain nationals of Ecuador, parole will be authorized only on a case-by-case and temporary basis after determining that there are urgent humanitarian or significant public benefit reasons for authorizing parole and that the beneficiary warrants a favorable exercise of discretion. Noncitizens paroled into the United States under this process will generally be considered for parole for up to three years and can request employment authorization while they wait for their immigrant visa to become available. When their immigrant visa becomes available, they may apply to become a lawful permanent resident.
Section 212(d)(5)(A) of the Immigration and Nationality Act provides Secretary of Homeland Security Alejandro N. Mayorkas with the discretionary authority to parole applicants for admission into the United States temporarily on a case-by-case basis for urgent humanitarian or significant public benefit reasons. Previous secretaries have exercised the parole authority to establish other family reunification parole processes administered by USCIS, including the Cuban Family Reunification Parole Program in 2007 and the Haitian Family Reunification Parole Program in 2014. DHS announced new FRP processes for Colombia, El Salvador, Guatemala, and Honduras in July and the modernization of FRP processes for Cuba and Haiti in August.
Note:This joint Cybersecurity Advisory (CSA) is part of an ongoing #StopRansomware effort to publish advisories for network defenders detailing various ransomware variants and ransomware threat actors. These #StopRansomware advisories include recently and historically observed tactics, techniques, and procedures (TTPs) and indicators of compromise (IOCs) to help organizations protect against ransomware. Visit stopransomware.gov to see all #StopRansomware advisories and to learn more about other ransomware threats and no-cost resources.
The Federal Bureau of Investigation (FBI), Cybersecurity and Infrastructure Security Agency (CISA), and the Multi-State Information Sharing and Analysis Center (MS-ISAC) are releasing this joint CSA to disseminate known Rhysida ransomware IOCs and TTPs identified through investigations as recently as September 2023. Rhysida—an emerging ransomware variant—has predominately been deployed against the education, healthcare, manufacturing, information technology, and government sectors since May 2023. The information in this CSA is derived from related incident response investigations and malware analysis of samples discovered on victim networks.
FBI, CISA, and the MS-ISAC encourage organizations to implement the recommendations in the Mitigations section of this CSA to reduce the likelihood and impact of Rhysida ransomware and other ransomware incidents.
Download the PDF version of this report:
TECHNICAL DETAILS
Note: This advisory uses the MITRE ATT&CK® for Enterprise framework, version 14. See the ATT&CK Tactics and Techniques section for tables mapped to the threat actors’ activity.
Overview
Threat actors leveraging Rhysida ransomware are known to impact “targets of opportunity,” including victims in the education, healthcare, manufacturing, information technology, and government sectors. Open source reporting details similarities between Vice Society (DEV-0832)[1] activity and the actors observed deploying Rhysida ransomware. Additionally, open source reporting[2] has confirmed observed instances of Rhysida actors operating in a ransomware-as-a-service (RaaS) capacity, where ransomware tools and infrastructure are leased out in a profit-sharing model. Any ransoms paid are then split between the group and the affiliates.
For additional information on Vice Society actors and associated activity, see the joint CSA #StopRansomware: Vice Society.
Initial Access
Rhysida actors have been observed leveraging external-facing remote services to initially access and persist within a network. Remote services, such as virtual private networks (VPNs), allow users to connect to internal enterprise network resources from external locations. Rhysida actors have commonly been observed authenticating to internal VPN access points with compromised valid credentials [T1078], notably due to organizations lacking MFA enabled by default. Additionally, actors have been observed exploiting Zerologon (CVE-2020-1472)—a critical elevation of privileges vulnerability in Microsoft’s Netlogon Remote Protocol [T1190]—as well as conducting successful phishing attempts [T1566]. Note: Microsoft released a patch for CVE-2020-1472 on August 11, 2020.[3]
Living off the Land
Analysis identified Rhysida actors using living off the land techniques, such as creating Remote Desktop Protocol (RDP) connections for lateral movement [T1021.001], establishing VPN access, and utilizing PowerShell [T1059.001]. Living off the land techniques include using native (built into the operating system) network administration tools to perform operations. This allows the actors to evade detection by blending in with normal Windows systems and network activities.
Ipconfig [T1016], whoami [T1033], nltest [T1482], and several net commands have been used to enumerate victim environments and gather information about domains. In one instance of using compromised credentials, actors leveraged net commands within PowerShell to identify logged-in users and performed reconnaissance on network accounts within the victim environment. Note: The following commands were not performed in the exact order listed.
Analysis of the master file table (MFT)[4] identified the victim system generated the ntuser.dat registry hive, which was created when the compromised user logged in to the system for the first time. This was considered anomalous due to the baseline of normal activity for that particular user and system. Note: The MFT resides within the New Technology File System (NTFS) and houses information about a file including its size, time and date stamps, permissions, and data content.
Leveraged Tools
Table 1 lists legitimate tools Rhysida actors have repurposed for their operations. The legitimate tools listed in this joint CSA are all publicly available. Use of these tools should not be attributed as malicious without analytical evidence to support they are used at the direction of or controlled by threat actors.
Disclaimer: Organizations are encouraged to investigate and vet use of these tools prior to performing remediation actions.
Table 1: Tools Leveraged by Rhysida Actors
Name
Description
cmd.exe
The native command line prompt utility.
PowerShell.exe
A native command line tool used to start a Windows PowerShell session in a Command Prompt window.
PsExec.exe
A tool included in the PsTools suite used to execute processes remotely. Rhysida actors heavily leveraged this tool for lateral movement and remote execution.
mstsc.exe
A native tool that establishes an RDP connection to a host.
PuTTY.exe
Rhysida actors have been observed creating Secure Shell (SSH) PuTTy connections for lateral movement. In one example, analysis of PowerShell console host history for a compromised user account revealed Rhysida actors leveraged PuTTy to remotely connect to systems via SSH [T1021.004].
PortStarter
A back door script written in Go that provides functionality for modifying firewall settings and opening ports to pre-configured command and control (C2) servers.[1]
secretsdump
A script used to extract credentials and other confidential information from a system. Rhysida actors have been observed using this for NTDS dumping [T1003.003] in various instances.
ntdsutil.exe
A standard Windows tool used to interact with the NTDS database. Rhysida actors used this tool to extract and dump the NTDS.dit database from the domain controller containing hashes for all Active Directory (AD) users.
Note: It is strongly recommended that organizations conduct domain-wide password resets and double Kerberos TGT password resets if any indication is found that the NTDS.dit file was compromised.
AnyDesk
A common software that can be maliciously used by threat actors to obtain remote access and maintain persistence [T1219]. AnyDesk also supports remote file transfer.
wevtutil.exe
A standard Windows Event Utility tool used to view event logs. Rhysida actors used this tool to clear a significant number of Windows event logs, including system, application, and security logs [T1070.001].
PowerView
A PowerShell tool used to gain situational awareness of Windows domains. Review of PowerShell event logs identified Rhysida actors using this tool to conduct additional reconnaissance-based commands and harvest credentials.
Rhysida Ransomware Characteristics
Execution
In one investigation, Rhysida actors created two folders in the C: drive labeled in and out, which served as a staging directory (central location) for hosting malicious executables. The in folder contained file names in accordance with host names on the victim’s network, likely imported through a scanning tool. The out folder contained various files listed in Table 2 below. Rhysida actors deployed these tools and scripts to assist system and network-wide encryption.
Table 2: Malicious Executables Affiliated with Rhysida Infections
Executes conhost.exe on compromised victim systems, which encrypts and appends the extension of .Rhysida across the environment.
Rhysida ransomware uses a Windows 64-bit Portable Executable (PE) or common object file format (COFF) compiled using MinGW via the GNU Compiler Collection (GCC), which supports various programming languages such as C, C++, and Go. The cryptographic ransomware application first injects the PE into running processes on the compromised system [T1055.002]. Additionally, third-party researchers identified evidence of Rhysida actors developing custom tools with program names set to “Rhysida-0.1” [T1587].
Encryption
After mapping the network, the ransomware encrypts data using a 4096-bit RSA encryption key with a ChaCha20 algorithm [T1486]. The algorithm features a 256-bit key, a 32-bit counter, and a 96-bit nonce along with a four-by-four matrix of 32-bit words in plain text. Registry modification commands [T1112] are not obfuscated, displayed as plain-text strings and executed via cmd.exe.
Rhysida’s encryptor runs a file to encrypt and modify all encrypted files to display a .rhysida extension.[5] Following encryption, a PowerShell command deletes the binary [T1070.004] from the network using a hidden command window [T1564.003]. The Rhysida encryptor allows arguments -d (select a directory) and -sr (file deletion), defined by the authors of the code as parseOptions.[6] After the lines of binary strings complete their tasks, they delete themselves through the control panel to evade detection.
Data Extortion
Rhysida actors reportedly engage in “double extortion” [T1657]—demanding a ransom payment to decrypt victim data and threatening to publish the sensitive exfiltrated data unless the ransom is paid.[5],[7] Rhysida actors direct victims to send ransom payments in Bitcoin to cryptocurrency wallet addresses provided by the threat actors. As shown in Figure 1, Rhysida ransomware drops a ransom note named “CriticalBreachDetected” as a PDF file—the note provides each company with a unique code and instructions to contact the group via a Tor-based portal.
Figure 1: Rhysida Ransom Note
Identified in analysis and also listed in open source reporting, the contents of the ransom note are embedded as plain-text in the ransom binary, offering network defenders an opportunity to deploy string-based detection for alerting on evidence of the ransom note. Rhysida threat actors may target systems that do not use command-line operating systems. The format of the PDF ransom notes could indicate that Rhysida actors only target systems that are compatible with handling PDF documents.[8]
INDICATORS OF COMPROMISE
On November 10, 2023, Sophos published TTPs and IOCs identified from analysis conducted for six separate incidents.[9] The C2 IP addresses listed in Table 3 were derived directly from Sophos’ investigations and are listed on GitHub among other indicators.[10]
Table 3: C2 IP Addresses Used for Rhysida Operations
C2 IP Address
5.39.222[.]67
5.255.99[.]59
51.77.102[.]106
108.62.118[.]136
108.62.141[.]161
146.70.104[.]249
156.96.62[.]58
157.154.194[.]6
Additional IOCs were obtained from FBI, CISA, and the MS-ISAC’s investigations and analysis. The email addresses listed in Table 4 are associated with Rhysida actors’ operations. Rhysida actors have been observed creating Onion Mail email accounts for services or victim communication, commonly in the format: [First Name][Last Name]@onionmail[.]org.
Table 4: Email Addresses Used to Support Rhysida Operations
Email Address
rhysidaeverywhere@onionmail[.]org
rhysidaofficial@onionmail[.]org
Rhysida actors have also been observed using the following files and executables listed in Table 5 to support their operations.
Disclaimer: Organizations are encouraged to investigate the use of these files for related signs of compromise prior to performing remediation actions.
This artifact is created when a user establishes a connection using psexec. It is removed after the connection is terminated, which is why there is no hash available for this executable.
MITRE ATT&CK TACTICS AND TECHNIQUES
See Tables 6-15 for all referenced threat actor tactics and techniques in this advisory. For assistance with mapping malicious cyber activity to the MITRE ATT&CK framework, see CISA and MITRE’s Best Practices for MITRE ATT&CK Mapping and CISA’s Decider Tool.
Additional notable TTPs have been published by the Check Point Incident Response Team.[11]
Rhysida actors have been observed developing resources and custom tools, particularly with program names set to “Rhysida-0.1” to gain access to victim systems.
Rhysida actors have been observed using secretsdump to extract credentials and other confidential information from a system, then dumping NTDS credentials.
Rhysida actors reportedly engage in “double extortion”— demanding a ransom payment to decrypt victim data and threatening to publish the sensitive exfiltrated data unless the ransom is paid.
MITIGATIONS
FBI, CISA, and the MS-ISAC recommend that organizations implement the mitigations below to improve your organization’s cybersecurity posture. These mitigations align with the Cross-Sector Cybersecurity Performance Goals (CPGs) developed by CISA and the National Institute of Standards and Technology (NIST). The CPGs provide a minimum set of practices and protections that CISA and NIST recommend all organizations implement. CISA and NIST based the CPGs on existing cybersecurity frameworks and guidance to protect against the most common and impactful threats, and TTPs. Visit CISA’s Cross-Sector Cybersecurity Performance Goals for more information on the CPGs, including additional recommended baseline protections.
These mitigations apply to all critical infrastructure organizations and network defenders. FBI, CISA, and the MS-ISAC recommend incorporating secure-by-design and -default principles, limiting the impact of ransomware techniques and strengthening overall security posture. For more information on secure by design, see CISA’s Secure by Design webpage.
Requirephishing-resistant MFA for all services to the extent possible, particularly for webmail, VPN, and accounts that access critical systems [CPG 2.H].
Disable command-line and scripting activities and permissions. Privilege escalation and lateral movement often depend on software utilities running from the command line. If threat actors are not able to run these tools, they will have difficulty escalating privileges and/or moving laterally [CPG 2.N].
Implement verbose and enhanced logging within processes such as command line auditing[12] and process tracking[13].
Restrict the use of PowerShell using Group Policy and only grant access to specific users on a case-by-case basis. Typically, only those users or administrators who manage the network or Windows operating systems should be permitted to use PowerShell [CPG 2.E].
Update Windows PowerShell or PowerShell Core to the latest version and uninstall all earlier PowerShell versions. Logs from Windows PowerShell prior to version 5.0 are either non-existent or do not record enough detail to aid in enterprise monitoring and incident response activities [CPG 1.E, 2.S, 2.T].
PowerShell logs contain valuable data, including historical operating system and registry interaction and possible TTPs of a threat actor’s PowerShell use.
Ensure PowerShell instances (using the latest version) have module, script block, and transcription logging enabled (e.g., enhanced logging).
The two logs that record PowerShell activity are the PowerShell Windows event log and the PowerShell operational log. FBI, CISA, and the MS-ISAC recommend turning on these two Windows event logs with a retention period of at least 180 days. These logs should be checked on a regular basis to confirm whether the log data has been deleted or logging has been turned off. Set the storage size permitted for both logs to as large as possible.
Restrict the use of RDP and other remote desktop services to known user accounts and groups. If RDP is necessary, apply best practices such as [CPG 2.W]:
Implement MFA for privileged accounts using RDP.
Use Remote Credential Guard[14] to protect credentials, particularly domain administrator or other high value accounts.
Audit the network for systems using RDP.
Close unused RDP ports.
Enforce account lockouts after a specified number of attempts.
Log RDP login attempts.
Secure remote access tools by:
Implementing application controls to manage and control execution of software, including allowlisting remote access programs. Application controls should prevent the installation and execution of portable versions of unauthorized remote access and other software. A properly configured application allowlisting solution will block any unlisted application execution. Allowlisting is important as antivirus solutions may fail to detect the execution of malicious portable executables when the files use any combination of compression, encryption, or obfuscation.
In addition, FBI, CISA, and the MS-ISAC recommend network defenders apply the following mitigations to limit potential adversarial use of common system and network discovery techniques, and to reduce the impact and risk of compromise by ransomware or data extortion actors:
Keep all operating systems, software, and firmware up to date. Timely patching is one of the most efficient and cost-effective steps an organization can take to minimize its exposure to cybersecurity threats. Prioritize patching known exploited vulnerabilities in internet-facing systems [CPG 1.E].
Segment networks to prevent the spread of ransomware. Network segmentation can help prevent the spread of ransomware by controlling traffic flows between—and access to—various subnetworks and by restricting adversary lateral movement [CPG 2.F].
Identify, detect, and investigate abnormal activity and potential traversal of the indicated ransomware with a network monitoring tool. To aid in detecting ransomware, implement a tool that logs and reports all network traffic, including lateral movement activity on a network. Endpoint detection and response (EDR) tools are particularly useful for detecting lateral connections as they have insight into common and uncommon network connections for each host [CPG 3.A].
Audit user accounts with administrative privileges and configure access controls according to the principle of least privilege (PoLP) [CPG 2.E].
Implement time-based access for accounts set at the admin level and higher [CPG 2.A, 2.E]. For example, the just-in-time (JIT) access method provisions privileged access when needed and can support the enforcement of PoLP (as well as the zero trust model). This is a process where a network-wide policy is set in place to automatically disable admin accounts at the AD level when the account is not in direct need. Individual users may submit their requests through an automated process that grants them access to a specified system for a set timeframe when they need to support the completion of a certain task.
Implement a recovery plan to maintain and retain multiple copies of sensitive or proprietary data and servers in a physically separate, segmented, and secure location (e.g., hard drive, storage device, or the cloud).
Maintain offline backups of data and regularly maintain backups and their restoration (daily or weekly at minimum). By instituting this practice, organizations limit the severity of disruption to business operations [CPG 2.R].
Ensure all backup data is encrypted, immutable (i.e., cannot be altered or deleted), and covers the entire organization’s data infrastructure [CPG 2.K, 2.L, 2.R].
Forward log files to a hardened centralized logging server, preferably on a segmented network [CPG 2.F]. Review logging retention rates, such as for VPNs and network-based logs.
Consider adding an email banner to emails received from outside your organization [CPG 2.M].
Disable hyperlinks in received emails.
VALIDATE SECURITY CONTROLS
In addition to applying mitigations, FBI, CISA, and the MS-ISAC recommend exercising, testing, and validating your organization’s security program against the threat behaviors mapped to the MITRE ATT&CK for Enterprise framework in this advisory. FBI, CISA, and the MS-ISAC recommend testing your existing security controls inventory to assess how they perform against the ATT&CK techniques described in this advisory.
To get started:
Select an ATT&CK technique described in this advisory (see Tables 6-15).
Align your security technologies against the technique.
Test your technologies against the technique.
Analyze your detection and prevention technologies’ performance.
Repeat the process for all security technologies to obtain a set of comprehensive performance data.
Tune your security program, including people, processes, and technologies, based on the data generated by this process.
FBI, CISA, and the MS-ISAC recommend continually testing your security program, at scale, in a production environment to ensure optimal performance against the MITRE ATT&CK techniques identified in this advisory.
RESOURCES
REPORTING
FBI is seeking any information that can be shared, to include boundary logs showing communication to and from foreign IP addresses, a sample ransom note, communications with Rhysida actors, Bitcoin wallet information, decryptor files, and/or a benign sample of an encrypted file.
Additional details requested include: a targeted company point of contact, status and scope of infection, estimated loss, operational impact, transaction IDs, date of infection, date detected, initial attack vector, and host and network-based indicators.
FBI and CISA do not encourage paying ransom as payment does not guarantee victim files will be recovered. Furthermore, payment may also embolden adversaries to target additional organizations, encourage other threat actors to engage in the distribution of ransomware, and/or fund illicit activities. Regardless of whether you or your organization have decided to pay the ransom, FBI and CISA urge you to promptly report ransomware incidents to the FBI’s Internet Crime Complaint Center (IC3) at Ic3.gov, a local FBI Field Office, or CISA via the agency’s Incident Reporting System or its 24/7 Operations Center at report@cisa.gov or (888) 282-0870.
The information in this report is being provided “as is” for informational purposes only. FBI, CISA, and the MS-ISAC do not endorse any commercial entity, product, company, or service, including any entities, products, or services linked within this document. Any reference to specific commercial entities, products, processes, or services by service mark, trademark, manufacturer, or otherwise, does not constitute or imply endorsement, recommendation, or favoring by FBI, CISA, and the MS-ISAC.
The Data Privacy and Integrity Advisory Committee (DPIAC) will hold a public meeting.
LOCATION: Conference Call ONLY. Consult the Agenda for the number.
RSVP: Members of the public who wish to attend are requested to register in advance by sending an email to: privacycommittee@hq.dhs.gov or calling 202-343-1717.
Consult the Federal Register for more details. Meeting materials can be found here.
News release originally published by the Department of Homeland Security.
Increase Will Help Address the Need for Seasonal Workers and Reduce Irregular Migration
WASHINGTON – Today, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), announced that it expects to make an additional 64,716 H-2B temporary nonagricultural worker visas available for Fiscal Year (FY) 2024, on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year. These additional H-2B visas represent the maximum permitted under the September 2023 Fiscal Year 2024 Continuing Resolution. American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal or other temporary workers in the H-2B program to help them meet demand from consumers. The supplemental visa allocation will help address the need for seasonal or other temporary workers in areas where too few U.S. workers are available, helping contribute to the American economy. The H-2B visa expansion advances the Biden Administration’s pledge, under the Los Angeles Declaration for Migration and Protection, to expand lawful pathways as an alternative to irregular migration.
By announcing plans to make these supplemental visas available at the outset of FY 2024, the Departments will ensure U.S. businesses with workforce needs are able to plan ahead and find the seasonal and other temporary workers they need. At the same time, DHS and DOL have put in place robust protections for U.S. and foreign workers alike, including by ensuring that employers first seek out and recruit American workers for the jobs to be filled, as the visa program requires, and that foreign workers hired are not exploited by unscrupulous employers. Most recently, both DHS and DOL proposed regulations to further strengthen worker protections in the H-2A and H-2B visa programs, and the White House-led H-2B Worker Protection Taskforce released a report detailing new actions to be taken by Federal government agencies to strengthen protections for vulnerable H-2B and similarly situated U.S. workers.
“The Department of Homeland Security is committed to maintaining strong economic growth and meeting the labor demand in the United States, while strengthening worker protections for U.S. and foreign workers,” said Secretary of Homeland Security Alejandro N. Mayorkas. “We are using the tools that we have available to bolster the resiliency of our industries and release the maximum number of additional H-2B visas for U.S. businesses to ensure they can plan for their peak season labor needs. We also continue to take steps to strengthen protections for workers and safeguard the integrity of the program from unscrupulous employers who would seek to exploit workers by paying substandard wages and maintaining unsafe work conditions. Our maximum use of the H-2B visa program also continues to build on our commitment to expand lawful pathways as an alternative to irregular migration, thereby cutting out the ruthless smugglers who prey on the vulnerable.”
The H-2B supplemental is expected to include an allocation of 20,000 visas to workers from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras. This country specific allocation is part of the Biden-Harris Administration’s efforts to build a safe, orderly, and humane immigration system that includes expanding lawful pathways for immigration while strengthening consequences for those without a legal basis to remain in the United States.
In addition to the 20,000 country specific allocation, 44,716 supplemental visas would be available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years. The regulation would allocate these supplemental visas for returning workers between the first half and second half of the fiscal year to account for the need for additional seasonal and other temporary workers over the course of the year, with a portion of the second half allocation reserved to meet the demand for workers during the peak summer season.
The H-2B program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature, such as a one-time occurrence, seasonal need, or intermittent need. Employers seeking H-2B workers must take a series of steps to test the U.S. labor market. They must obtain certification from DOL that there are not enough U.S. workers who are able, willing, qualified, and available to perform the temporary work for which they seek a prospective foreign worker, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The maximum period of stay in H-2B classification is three years. A person who has held H-2B nonimmigrant status for a total of three years must depart and remain outside of the United States for an uninterrupted period of three months before seeking readmission as an H-2B nonimmigrant.
DHS and DOL are committed to protecting all H-2B workers from exploitation and abuse, and of ensuring, consistent with law, that employers do not refuse to hire or appropriately recruit U.S. workers who are able, willing, qualified, and available to perform the temporary work. The forthcoming temporary final rule implementing this allocation is expected to feature several provisions to protect both U.S. and H-2B workers.
Additional details on H-2B program safeguards, as well as eligibility and filing requirements, will be available in the temporary final rule when published and on the USCIS webpage.
The RIA revised certain eligibility requirements for the EB-5 program and reformed the regional center program. During the webinar, staff from the CIS Ombudsman and USCIS’ Immigrant Investor Program Office will share information and seek feedback on USCIS’ recent policy guidance on changes made by the RIA and other EB-5 program updates.
During the webinar, participants will be able to submit questions and comments. The questions and comments will be reviewed and shared with USCIS to address, as appropriate, in future engagements or through other communications.
Why This Is Important
USCIS has provided additional guidance on its interpretation of changes to the EB-5 program in the Immigration and Nationality Act (INA) made by the RIA. USCIS published this guidance on October 11, 2023, on its EB-5 Questions and Answers (updated Oct. 2023) page.
The RIA added new protections for investors in terminated regional centers. USCIS will discuss the guidance for pre-RIA investors associated with regional centers that are terminated. Additionally, the RIA changed required investment timeframes for EB-5 investors who file for classification after the RIA went into effect. USCIS will cover these revised requirements.
To Join
Please join the webinar on Monday, October 30 at 2 p.m. Eastern Time by clicking on this Teams Live link. Registration is not required. For more information on attending a Teams event, see Microsoft’s Attend a live event in Teams page.
If you require a reasonable accommodation to participate in the webinar, please contact us by email at CISOmbudsman.publicaffairs@hq.dhs.gov no later than Wednesday, October 25, 2023. Live captions are available in Microsoft Teams, and you can learn more on the Use live captions in a Teams meeting page.
USCIS seeks to update regulations with proposed rulemaking to improve program efficiency and integrity
WASHINGTON – Today, the Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), published a Notice of Proposed Rulemaking (NPRM) that would modernize the H-1B specialty occupation worker program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures. The H-1B program helps U.S. employers hire the employees they need to meet their business needs and remain competitive in the global marketplace, while adhering to all U.S. worker protections under the law.
“DHS continues to develop and implement regulations that increase efficiency and improve processes for employers and workers navigating the immigration system,” said Secretary of Homeland Security Alejandro N. Mayorkas. “The Biden-Harris Administration’s priority is to attract global talent, reduce undue burdens on employers, and prevent fraud and abuse in the immigration system.”
The H-1B nonimmigrant visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, defined by statute as occupations that require highly specialized knowledge and a bachelor’s or higher degree in the specific specialty, or its equivalent.
The proposed rule would change how USCIS conducts the H-1B registration selection process to reduce the possibility of misuse and fraud. Under the current process, the more registrations that are submitted on behalf of an individual, the higher chance that individual will be selected in a lottery. Under the new proposal, each unique individual who has a registration submitted on their behalf would be entered into the selection process once, regardless of the number of registrations submitted on their behalf. This would improve the chances that a legitimate registration would be selected by significantly reducing or eliminating the advantage of submitting multiple registrations for the same beneficiary solely to increase the chances of selection. Furthermore, it could also give beneficiaries more choice between legitimate job offers because each registrant who submitted a registration for a selected beneficiary would have the ability to file an H-1B petition on behalf of the beneficiary.
Among additional provisions, the proposed rule would improve the H-1B program by:
Streamlining eligibility requirements – criteria for specialty occupation positions would be revised to reduce confusion between the public and adjudicators and to clarify that a position may allow a range of degrees, although there must be a direct relationship between the required degree field(s) and the duties of the position;
Improving program efficiency –The proposed rule codifies that adjudicators generally should defer to a prior determination when no underlying facts have changed at time of a new filing;
Providing greater benefits and flexibilities for employers and workers – certain exemptions to the H-1B cap would be expanded for certain nonprofit entities or governmental research organizations as well as beneficiaries who are not directly employed by a qualifying organization. DHS would also extend certain flexibilities for students on an F-1 visa when students are seeking to change their status to H-1B. Additionally, DHS would establish new H-1B eligibility requirements for rising entrepreneurs; and
Strengthening integrity measures – in addition to changing the selection process, misuse and fraud in the H-1B registration process would be reduced by prohibiting related entities from submitting multiple registrations for the same beneficiary. The rule would also codify USCIS’ authority to conduct site visits and clarify that refusal to comply with site visits may result in denial or revocation of the petition.
The 60-day public comment period starts following publication of the NPRM in the Federal Register.
Biden-Harris Administration continues strategy to provide lawful pathways and reduce dangerous irregular migration
WASHINGTON– The Department of Homeland Security (DHS) today announced a new family reunification parole process for certain nationals of Ecuador, advancing the Biden-Harris Administration’s effective strategy to combine expanded lawful pathways and strengthened enforcement to reduce irregular migration. The Family Reunification Parole processes promote family unity, and are part of the comprehensive measures announced in April by DHS and the Department of State, and are consistent with the Los Angeles Declaration on Migration and Protection’s objectives to strengthen national, regional, and hemispheric efforts to create the conditions for safe, orderly, humane, and regular migration.
The new process is for certain nationals of Ecuador whose family members are U.S. citizens or lawful permanent residents and who have received approval to join their family in the United States. Specifically, Ecuadorian nationals and their immediate family members can be considered for parole on a case-by-case basis for a period of up to three years while they wait to apply to become a lawful permanent resident.
“The Family Reunification Parole process promotes family unity consistent with our laws and our values,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Establishing this process for certain Ecuadorian nationals will ensure more families can access lawful pathways rather than placing themselves at the mercy of smugglers to make the dangerous journey. Those who do not avail themselves of family reunification parole or other lawful, safe, and orderly pathways and attempt to enter the United States unlawfully will continue to face tough consequences.”
Certain nationals of Ecuador who are beneficiaries of an approved Form I-130, Petition for Alien Relative may be eligible to be considered for parole under the new process. Qualifying beneficiaries must be outside the United States, meet all requirements, including screening and vetting and medical requirements, and must not have already received an immigrant visa.
The Family Reunification Parole process begins with the Department of State issuing an invitation to the petitioning U.S. citizen or lawful permanent resident family member whose Form I-130 on behalf of an Ecuadorian beneficiary has been approved. Beneficiaries awaiting an immigrant visa could include certain children and siblings of U.S. citizens and certain spouses and children of lawful permanent residents. The invited petitioner can then initiate the process by filing a request on behalf of the beneficiary and eligible family members to be considered for advance travel authorization and parole.
The Family Reunification Parole process allows for parole only on a case-by-case and temporary basis upon a demonstration of urgent humanitarian reasons or significant public benefit, as well as a demonstration that the beneficiary warrants a favorable exercise of discretion. Individuals paroled into the United States under this process will generally be considered for parole for up to three years and will be eligible to request employment authorization while they wait for their immigrant visa to become available. When their immigrant visa becomes available, they may apply to become a lawful permanent resident.
The Immigration and Nationality Act provides the Secretary of Homeland Security with the discretionary authority to parole applicants for admission into the United States temporarily on a case-by-case basis for urgent humanitarian reasons or significant public benefit. Previous Secretaries across different administrations have similarly exercised the parole authority to establish other family reunification parole processes administered by U.S. Citizenship and Immigration Services, including the Cuban Family Reunification Parole Program in 2007 and the Haitian Family Reunification Parole Program in 2014. DHS announced new FRP processes for Colombia, El Salvador, Guatemala and Honduras in July and the modernization of FRP processes for Cuba and Haiti in August.
The Federal Register Notice for this FRP process will be published soon with detailed information on the application process and eligibility criteria.