To read our publication from our practice group co-leaders on oral argument before the Supreme Court on DACA and implications of the proceedings, please go here.
Amy L. Peck
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Judge Halts Presidential Proclamation Suspending Visas for Immigrants without Health Insurance
By Amy L. Peck on
Posted in Immigration Litigation, Trump Administration
Predictably, the “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” has been blocked from going into effect for the time being. The U.S. District Court in Portland, Oregon, in Doe v. Trump, issued a 28-day temporary restraining order (TRO) in an unusual weekend session…
Preemption Issues High Court is Considering in I-9 Fraud Case
By Amy L. Peck on
The U.S. Supreme Court has heard oral argument in a case in which it will decide whether a state may prosecute individuals for using false information on a Form I-9 Employment Eligibility Verification, a federal employment eligibility verification form. Our article is here.
Presidential Proclamation Suspends Visas for Immigrants without Health Insurance
By Amy L. Peck on
President Donald Trump’s new “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” likely will reduce drastically the number of legal immigrants admitted to the U.S. It is scheduled to go into effect on November 3, 2019.
Exempting refugees and asylees, the Proclamation suspends the entry…
New Pennsylvania Law Requires Construction Employers to Use E-Verify
By Amy L. Peck & Michael H. Neifach on
Here is our update on the required use of E-Verify by employers in the construction industry in the Commonwealth of Pennsylvania.
U.S. Immigration and the Growing Marijuana Industry
By Amy L. Peck on
Although not legal on the federal level, the marijuana industry is a fast-growing economic sector in the U.S. Thirty-three states have legalized medical marijuana and 10 of those have legalized recreational use. Based on online job search websites, there are about 200,000 to 300,000 marijuana-related jobs available (many on the lower-paid agricultural-side). As the industry…
Inspection of Employers Using STEM OPT F-1 Student Beginning, DHS Announces
By Amy L. Peck on
Continuing the Administration’s high scrutiny of businesses using foreign workers, including highly skilled visas, the Department of Homeland Security has announced that it will be conducting inspections of employers employing F-1 students using STEM Optional Practical Training to work. Under the STEM regulations, ICE has the discretion to conduct on-site inspections. Reportedly, it has…
Government Forced to Release H-1B Delaying and Denying Tactics
By Amy L. Peck & Maggie Murphy on
Since 2017, USCIS under the Trump Administration has essentially directed its adjudicators to find ways to deny H-1B petitions. The most recent statistics on Requests for Evidence (RFEs) and denials certainly support this, but evidence has been made available for analysis.
Through a FOIA request, instructional documents for USCIS adjudicators issued after President Donald Trump’s…
DHS Proposes Fee of $10 to File H-1B Petition
By Amy L. Peck on
DHS has proposed a fee of $10 per H-1B petition. The agency considers this to be an “appropriate, nominal fee” to recover some costs involved.
In January 2019, DHS published the rule establishing an H-1B electronic registration system. At that time, no fee was proposed, but the “door was left open.” In mid-August, DHS announced…
Update on Status of Changes to Soon-To-Expire Form I-9
By Amy L. Peck & Michael H. Neifach on
Posted in I-9 and E-Verify, USCIS
The I-9, Employment Eligibility Verification Form, that employers have been using since July 2017 is set to expire on August 31, 2019. Until USCIS makes any additional announcements on I-9 Central, employers should plan to continue to use the current form.
In preparation for the form’s expiration, USCIS initiated a 60-day comment period on…