Total Articles: 20
Ogletree Deakins • November 13, 2018
A three-judge panel for the Ninth Circuit Court of Appeals has upheld a nationwide preliminary injunction issued by a California district court, temporarily preventing the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) program. The order requires the Department of Homeland Security (DHS) to continue to accept renewal applications. The Ninth Circuit, which is the first appeals court to rule on the matter, found that DACA “was a permissible exercise of executive discretion” and thus the plaintiffs are likely to succeed on the merits.
Jackson Lewis P.C. • June 28, 2018
The U.S. Supreme Court in a 5-4 decision has held that President Donald Trump’s Proclamation No. 9645, known as “Travel Ban 3.0,” can stand. Trump, et al. v. Hawaii, et al., No. 17-965 (June 26, 2018). Certain individuals from Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen will continue to be subject to the ban.
Ogletree Deakins • June 24, 2018
Chevron deference is increasingly coming under fire from the justices of the Supreme Court of the United States. That came through loud and clear in Pereira v. Sessions, issued on June 21, 2018. Not only did the approach of the majority opinion appear to be at odds with the Court’s past approach to Chevron deference, but Justice Kennedy stated in a concurring opinion that “it seems necessary and appropriate to reconsider . . . the premises that underlie Chevron and how courts have implemented that decision.” Justice Alito asserted in dissent that “the Court, for whatever reason, is simply ignoring Chevron.”
With the US Immigration and Customs Enforcement (ICE) tripling its number of officers and quintupling the number of enforcement actions in 2018, employers need to be proactive and ensure that their Form I-9 practices are in compliance. Otherwise, employers can be exposed to audits, fines and/or criminal prosecutions, which could include prison time.
Jackson Lewis P.C. • February 23, 2018
The DOJ and the DHS have made clear on numerous occasions that they intend to rescind employment authorization documents (EADs) for H-4 visa status holders and it appears that rescission may be just around the corner. Family members of an H-1B worker are admitted in the H-4 category.
Jackson Lewis P.C. • December 17, 2017
The DHS is giving with one hand and taking with the other. In response to the December 1, 2017 federal court ruling in National Venture Capital v. Duke, the DHS is complying and implementing the International Entrepreneur Rule parole program (IER). At the same time, the DHS is in the final stages of publishing a notice of proposed rulemaking to eliminate the program.
Fisher Phillips • October 20, 2017
For the third time this year, a federal district court has blocked a presidential travel ban from taking effect. Judge Derrick K. Watson, from the District of Hawaii, today granted a motion for a temporary restraining order that bars the federal government from enforcing President Trump’s September 24 travel ban (Travel Ban 3.0) on a national level, once again setting up a showdown at the 9th Circuit Court of Appeals and possibly the U.S. Supreme Court.
Jackson Lewis P.C. • September 14, 2017
On September 6, 2017, the day after Attorney General Jeff Sessions announced the rescission of DACA, 15 states and the District of Columbia filed a lawsuit challenging President Donald Trump’s DACA rescission. The states included in the lawsuit are Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Massachusetts, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington.
In an order issued on Monday, the Supreme Court agreed to allow President Trump's travel ban to be partially reinstated until the Court hears oral arguments on the ban's lower court challenges later this year. The travel ban was blocked from taking effect by a federal court in March.
Jackson Lewis P.C. • June 18, 2017
DHS Secretary Kelly has rescinded DAPA (Deferred Action for Parents of Americans and Lawful Permanents). DAPA was meant to 1) provide undocumented parents of U.S. citizens or Green Card holders with a way to remain in the U.S. with work authorization and 2) expand DACA (Deferred Action for Childhood Arrivals) by encompassing a wider range of ages and arrival dates and lengthening the duration of deferred action and work authorization per application from two to three years. Created by President Obama by an executive order, DAPA was quickly enjoined by the courts as an unacceptable expansion of executive power. The Obama administration appealed to the Supreme Court, and just one year ago, the lower court ruling was affirmed by default as a result of the Supreme Court deadlocking at 4 to 4. The case has since been stalled.
Jackson Lewis P.C. • June 14, 2017
A federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers seeking to transmit birthright citizenship to their non-marital children born outside the U.S. violates the Equal Protection Clause of the Constitution, the U.S. Supreme Court has ruled. Sessions v. Morales-Santana, No. 15-1191 (June 12, 2017).
Fisher Phillips • June 13, 2017
Several weeks ago, the 4th Circuit Court of Appeals upheld an injunction that blocks President Trump’s second executive order attempting to institute a travel ban against those arriving from several specific Muslim countries (EO-2) from taking effect, largely basing its decision on a conclusion that the executive order violated the Establishment Clause of the Constitution.
Jackson Lewis P.C. • June 13, 2017
Joining the Fourth Circuit Court of Appeals and using President Donald Trump’s tweets to support its decision, the Ninth Circuit Court of Appeals in Hawaii v. Trump has continued to block the revised travel ban.
Jackson Lewis P.C. • June 11, 2017
In a series of cables sent in mid-March, Secretary of State Rex Tillerson had ordered Consulates abroad to begin preparing for “extreme vetting.” Then, the court in Hawaii v. Trump enjoined the President’s revised travel ban, and Tillerson issued another cable that suspended enforcement on the six countries in the Executive Order: Iran, Libya, Somalia, Sudan, Syria, and Yemen. The Secretary also indicated that Consulates could not request information until additional collection was approved by the Office of Management and Budget after a notice-and-comment period.
Jackson Lewis P.C. • May 05, 2017
To evaluate terrorism or national security-related ineligibilities of visa applicants, the Department of State has requested emergency review and public comment on a new rule on the collection of additional information from some visa applicants.
Jackson Lewis P.C. • February 14, 2017
After oral arguments on February 9th, the Ninth Circuit denied the government’s request to reinstate the travel ban EO. State of Washington v. Trump.
Littler Mendelson, P.C. • January 12, 2017
Beginning on January 17, 2017, the U.S. Department of Homeland Security (DHS) will implement a new rule that amends certain regulations relating to employment-based immigrant and nonimmigrant visa programs. The rule's goal is to ease U.S. employers’ ability to hire and retain high-skilled personnel who have been granted employment-based immigrant visas and are waiting to become lawful permanent residents. The rule effectively improves the job mobility process for those workers by allowing them to accept promotions, change employers, change positions with current employers, and pursue other employment opportunities.
Ogletree Deakins • October 25, 2016
U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2018 (FY2018) starting in April of 2017 (April 1, 2017 falls on a Saturday, so USCIS will accept cap-subject petitions for the year starting on the following business day, Monday, April 3, 2017). Employers may want to begin identifying current and future employees who may require new H-1B visas to work in the United States. Individuals currently holding F-1 student or J-1 trainee visas, individuals seeking to change to H-1B status from another visa status (such as L-1, TN, O-1, or E-3), and individuals outside of the United States commonly require a cap-subject H-1B petition to be filed on their behalf.
Fisher Phillips • April 05, 2016
Starting May 10, 2016, a new regulation published last month by the U.S. Department of Homeland Security (DHS) takes effect which increases the work authorization extension period from 17 to 24 months for F-1 students holding U.S. degrees in a designated Science, Technology, Engineering or Math (STEM) field.
Ogletree Deakins • January 23, 2015
On January 13, 2015, Senators Hatch (R-Utah), Klobuchar (D-Minn.), Rubio (R-Fla.), Coons (D-Del.), Flake (R-Ariz.), and Blumenthal (D-Conn.) introduced the Immigration Innovation (“I-Squared”) Act of 2015, a major immigration reform bill addressing the high-skilled and science, technology, engineering, and math (STEM) immigration programs. Similar to the I-Squared Act of 2013 (S.169) and the high-skilled provisions of the comprehensive immigration reform bill passed by the Senate in 2013 (S.744), the bill raises the allocations for H-1B skilled worker visas and employment-based green cards while forging a middle ground between the more restrictive skilled worker provisions in the 2013 Senate bill and the much higher caps in the 2013 I-Squared Act.