The Trump Administration has been trying to put an end to Temporary Protected Status (TPS) for many countries including: El Salvador, Haiti, Honduras, Nepal and Sudan. Upon legal challenges to TPS termination, the courts have delayed termination at least temporarily. The Secretary of the Department of Homeland Security (DHS) generally has the authority to designate
Forrest G. Read IV
Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).
Mr. Read's immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.
Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.
As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.
Blocked from Adding Citizenship Question to Census, Administration Moves to Gather Data
President Donald Trump announced that the Administration will not be proceeding with any further census litigation. The 2020 Decennial Census, which is already being printed, will be sent out without a citizenship question. Nevertheless, President Trump does want to obtain statistics on the number of residents in the country who are and are not U.S.…
Supreme Court Blocks Citizenship Question in the Census – For Now
The Commerce Department cannot include a citizenship question in the census – at least for now – according to the Supreme Court. In Department of Commerce et al. v. New York et al., the Court, in a 5-4 decision written by Chief Justice Roberts, said the question could not be in the census because the “sole reason” Commerce Secretary Wilbur Ross gave for his decision to include it – enforcement of the Voting Rights Act – seemed contrived. Justice Roberts wrote: “[a]ltogether, the evidence tells a story that does not match the explanation the secretary gave for his decision.” The Commerce Department will have to provide further information for the District Court to review before a final decision is made.
Continue Reading Supreme Court Blocks Citizenship Question in the Census – For Now
Federal Judge Orders Administration to Provide More Specifics on Travel Ban Waivers
In Mosleh et al. v. Pompeo et al. in the U.S. District Court for the Eastern District of California, Chief Judge Lawrence J. O’Neill ordered the Administration to show that delays in granting travel ban waivers to Yemeni relatives of U.S. citizens are “reasonable.” He opined that the government’s description of the process was “inadequate” and that without more specific information he will have to make a decision on the families’ request for injunctive relief based upon the inferences he draws from the lack of evidence.
Continue Reading Federal Judge Orders Administration to Provide More Specifics on Travel Ban Waivers
UPDATE: House Passes Bill on DACA, Unlikely To Be Taken up by Senate
We wrote yesterday on the U.S. Supreme Court declining to expedite review of DACA, as well as the recent and current legislative activity regarding the program. Later in the day on June 4th, the U.S. House of Representatives passed the Dream and Promise Act which would grant permanent residence status and a…
DACA Program Continues as U.S. Supreme Court Declines to Expedite Consideration of Cases
The “Dreamers” have received another reprieve from the U.S. Supreme Court.
DACA litigation has been in the news since September 2017, when then-Attorney General Jeff Sessions announced the DACA program would be terminated. In response to that announcement, multiple lawsuits were filed in federal courts in California, New York, Maryland, Texas, and the District of Columbia, resulting in multiple nationwide injunctions blocking the termination of the program. Indeed, the injunctions have forced USCIS to continue granting DACA renewals.Continue Reading DACA Program Continues as U.S. Supreme Court Declines to Expedite Consideration of Cases
Bill in Congress Aimed at Protecting H-4 Employment as Program Rescission Progresses
Concerns regarding the rescission of the H-4 EAD Rule have heightened in the wake of the publication of the Department of Homeland Security’s Spring 2019 Regulatory Agenda. In response, two California congresswomen, Representatives Anna Eshoo (D-Cal.) and Zoe Lofgren (D-Cal.), reintroduced a bill to protect those work authorizations – The H-4 Employment Protection Act. Both Eshoo and Lofgren represent the Bay Area of California, a region that would be particularly hard hit by the elimination of H-4 EADs.
Continue Reading Bill in Congress Aimed at Protecting H-4 Employment as Program Rescission Progresses
Trump Introduces Outlines of Immigration Reform in Advance of 2020 Campaign
President Donald Trump has introduced the broad outlines of his proposal for immigration reform. The “merit and heart system” focuses on security and establishing a more fully merit-based system for permanent residence (“green card”) status.
What do we know about the proposal so far?
In terms of security, it includes:
- Construction of parts of the
…
L Visa Classification Process Restricted for Canadians Applying at Ports of Entry
The North American Free Trade Agreement (NAFTA) signed in 1992 was meant to make North America more competitive in the global economy by reducing trade barriers and increasing business development among the U.S., Canada and Mexico. It essentially created a free-trade zone, but always faced criticism. Opponents believed and have argued, among other things, that…
New Legislation Offered to Extend and Expand Conrad 30 Waiver Program
Since at least 2013, there have been efforts to make the Conrad 30 J-1 visa waiver program for physicians permanent. But that has not happened and it continues to be necessary to reauthorize the program every year. This year, Senators Amy Klobuchar (D-MN), Susan Collins (R-ME), Jacky Rosen (D-NV), Angus King (I-ME) and Charles Grassley…