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Immigration - Asylum

Articles Discussing Asylum And Employment.

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Travel Ban Update: Administration Adds Six New Countries to List

Jackson Lewis P.C.·

Approaching the three-year anniversary of the issuance of President Donald Trump’s “Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States,” on January 31, 2020, Trump added six new countries to the list of affected countries: Eritrea, Kyrgyzstan, Myanmar (Burma),

Scared to Check the Mail? Employers Face the Return of No-Match Letters

Littler·

In the spring of 2019, the Social Security Administration (SSA) renewed its practice of sending employment eligibility correction request notices (known as “no-match letters”) to employers. The SSA had discontinued the practice of sending no-match letters between 2012 and 2018, but has issued more t

The Fairness for High-Skilled Workers Act May Endanger Economy

Jackson Lewis P.C.·

The Fairness for High-Skilled Workers Act has passed the House of Representatives, and is pending before the Senate where it may pass by unanimous consent (i.e., with no actual vote or hearing).

New Public Charge Rule Seen as Latest Effort to Tighten Legal Immigration

Jackson Lewis P.C.·

Having focused on enforcement and illegal immigration, the Trump Administration has recently turned to legal immigration. The new Public Charge rule which will go into effect on October 15, 2019, absent court action, will make it harder for some foreign nationals to obtain green cards or even to sec

USCIS Revising, Updating Naturalization Test

Jackson Lewis P.C.·

USCIS is on its way to revising and updating the Naturalization Test. It will start with a pilot test involving about 1,400 volunteers this fall, then a second field testing pilot in spring 2020.

Update: DACA Litigation

Jackson Lewis P.C.·

DACA (Deferred Action for Childhood Arrivals) recipients have been in limbo and at the center of various political debates ever since President Donald Trump attempted to end the program in 2017. Put in place by the Obama Administration in 2012, DACA protects from deportation individuals who were bro

Trump Administration Targets Visa Overstays

Jackson Lewis P.C.·

President Donald Trump issued a Memorandum on April 22, 2019 aimed at reducing visa overstays – people who stay in the U.S. beyond the time authorized by their visas. Assertions set forth in the Memorandum include:

Supreme Court Upholds Travel Ban 3.0

Jackson Lewis P.C.·

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 conti

Rescission of H-4 Employment Authorization Documents (EADs) Expected

Jackson Lewis P.C.·

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.

Status of International Entrepreneur Rule on Tenuous Ground, But USCIS To Begin Accepting Applications

Jackson Lewis P.C.·

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

Lawsuits Over Rescission of DACA

Jackson Lewis P.C.·

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

Trump Administration Rescinds DAPA Program

Jackson Lewis P.C.·

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

Supreme Court: Gender-Based Distinctions in Immigration Law Violates Equal Protection

Jackson Lewis P.C.·

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. Sessi

Ninth Circuit Blocks Travel Ban

Jackson Lewis P.C.·

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.

Extreme Vetting, Consulates, and New Form

Jackson Lewis P.C.·

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 c

State Department Proposes Supplemental Questions for Visa Applicants

Jackson Lewis P.C.·

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.

Opposition to Travel Ban EO Includes Tech Firms and Others

Jackson Lewis P.C.·

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.

New USCIS Rule Amending Several Employment-Based and Nonimmigrant Visa Programs Will Take Effect on January 17, 2017

Littler·

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