In 2015, the Obama Administration DHS issued the H-4 EAD Rule allowing certain spouses of H-1B holders to obtain EADs and work while waiting to become permanent residents. Soon thereafter, a group of high-tech workers, Save Jobs USA, filed suit in the U.S. District Court for the District of Columbia arguing that the DHS lacked
Jackson Lewis P.C.
Trump Administration Immigration Actions’ Disproportionate Impact on Certain Industries
By Jackson Lewis P.C. on
The food, construction, and healthcare sectors are concerned about fallout from the crackdown on immigration called for in Secretary John Kelly’s Implementation Memos, President Donald Trump’s travel ban, and possible new legislation aimed at reducing overall immigration by 50% within 10 years.
Those sectors suffer from labor shortages already and have relied on immigrants…
Cuban Refugees Are Waiting at the Border
By Jackson Lewis P.C. on
Many Cubans who were making the long and dangerous trek through jungles and other countries to the United States before the inauguration of President Donald Trump on January 20 are waiting at the U.S. border for word from the Trump Administration on how they will be treated.
For decades, under the Cuban Adjustment Act (CAA),…
Opposition to Travel Ban EO Includes Tech Firms and Others
By Jackson Lewis P.C. on
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.
More than 135,000 people listened to the Ninth Circuit oral argument, which was conducted by phone and had no video, on the Court’s own live stream. News websites…
International Entrepreneur Rule from DHS Encourages Start-Ups
By Jackson Lewis P.C. on
In six months, on July 17, 2017, the Department of Homeland Security’s final rule to improve the nation’s economy by making it possible for certain promising start-up founders/entrepreneurs to begin growing their companies in the United States will become effective.
The new rule amends the regulations on discretionary parole by adding provisions that will allow…
USCIS Publishes Final Job Flexibility Rule for Employment-Based
By Jackson Lewis P.C. on
The U.S. Citizenship and Immigration Services has published the long-anticipated final rule, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers.” The rule will take effect on January 17, 2017, before President Barack Obama leaves office.
The rule codifies existing policies in establishing job portability and flexibility for certain…
U.S. Customs and Border Protection Rolls Out New Provisional I-94 Program
By Jackson Lewis P.C. on
Posted in US Immigration, USCIS
Travelers arriving at U.S. land-based ports of entry now can apply online for an I‑94 in advance of their arrival in exchange for a $6 fee under a new program U.S. Customs and Border Protection announced on September 29, 2016.
The foreign national enters into the application all necessary data for I‑94 processing (including biographical …
Supreme Court Denies Rehearing Request on Immigration Executive Action
By Jackson Lewis P.C. on
Posted in US Immigration, USCIS
On the first day of its new term, the U.S. Supreme Court dealt another setback to the Obama Administration’s executive actions on immigration. The Court denied the Administration’s request for a rehearing on its deferred action programs for undocumented immigrants. United States v. Texas, No. 15-674 (June 23, 2016), reh’g denied (Oct. 3, 2016).…
H-1B Lottery Class Action Lawsuit Says System Should be Scrapped
By Jackson Lewis P.C. on
Employers needing foreign talent to fill professional positions obtain work authorization for these individuals most frequently by applying for an H-1B visa. Individuals from across the globe may be sponsored for this type of visa if the position requires a minimum of U.S. Bachelor’s Degree or equivalent. The H-1B visa is often the only way…
New Form I-9 Update
By Jackson Lewis P.C. on
Posted in General, I-9 and E-Verify
The Office of Management and Budget (“OMB”) has approved revisions to the Form I-9 to be released to the public within 90 days. The exact date of release has not been announced. The new form will include much-needed technology features to assist employers in identifying errors. The new form will replace the 2013 version and…