Immigration and Customs Enforcement (ICE) continues to push forward a proposed rule that would set a maximum period of authorized stay for students. Although the details of the rule are unknown, the draft reportedly has been sent to the federal budget office for review. This is generally the last step before a new rule
Immigration Litigation
Privacy Issues of U.S. Collection of Social Media Information from Visa Applicants
By Joseph J. Lazzarotti & Amy L. Peck on
The Department of State (DOS) has been collecting (and maintaining) information on social media use from all visa applicants (immigrant and non-immigrant) since June 2019. The DOS’s collection and maintenance of this information is the subject of a lawsuit. Read our analysis of these issues here.
U.S. Supreme Court Rules Deferred Action for Childhood Arrivals Program May Continue
By Michael H. Neifach & Amy L. Peck on
In a 5-4 decision written by Chief Justice John Roberts, the U.S. Supreme Court has ruled that the Administration acted improperly under the Administrative Procedures Act (APA) in terminating the Deferred Action for Childhood Arrivals (DACA) program, thus allowing the program to continue. See our analysis here.
USCIS Settles H-1B Cases Over Policies, Will Withdraw Onerous Guidance
By Nicola Ai Ling Prall on
USCIS has entered into a broad settlement agreement that requires it to withdraw certain H-1B policies.
H-1B denials have skyrocketed since 2017, especially following enactment of the “Buy American, Hire American” Executive Order. In February 2018, USCIS issued further guidance specifically placing additional onerous documentation requirements for H-1B employees working at client sites, disproportionately…
Rise of Imposter Claims for Unemployment
By Amy L. Peck on
The persistent problem of undocumented workers presenting plausible (but ultimately fraudulent) employment verification documents to employers has taken a new twist in the COVID-19 pandemic: a rise in imposter claims for unemployment insurance.
Imposter claims are a type of identity theft; someone uses someone else’s personal information, including Social Security numbers, to collect unemployment compensation.…
Review of Trump Administration Shifting Position(s) on H-4 EAD Rule
By Amy L. Peck & Michael H. Neifach on
It has been five years since Save Jobs USA, a group of technology workers who claim to have been displaced by foreign nationals with H-4 EADs challenged the Obama Administration’s authority to enact the H-4 EAD Rule. In the years since that filing, the case has gone back and forth between the D.C. District Court…
U.S. Supreme Court: No Federal Preemption in State’s I-9 Fraud Case
By Michael H. Neifach & Amy L. Peck on
Please see our legal update on the Supreme Court’s decision that federal law does not preempt a state’s ability to bring criminal prosecutions against individuals for providing false or fraudulent information in connection with their employment.
White House Continues Efforts at Immigration Reform
By Brian Shyr on
President Donald Trump and his senior advisor, Jared Kushner, are continuing to try to build a coalition for immigration reform. They reportedly are trying to decide whether to move forward before November’s election.
Kushner first presented the 600-page comprehensive plan almost a year ago (lacking much in terms of publicly released details), but the President…
Driver’s Licenses for Foreign Nationals Valid for I-9 Purposes, Even If Non-REAL ID Compliant
By Maggie Murphy on
Long lines could be seen outside and around New York Department of Motor Vehicles offices as undocumented immigrants waited anxiously for hours in long queues to obtain driver’s licenses. Since 2013, a growing number of states have been issuing driver’s licenses in one form or another to undocumented workers. New York and New Jersey…
H-1B Visa Processing Delays Underscored by Extraordinary Need for Healthcare Workers
By Amy L. Peck on
Processing delays for immigration cases have increased by 46 percent in the past two fiscal years and 91 percent since FY 2014.
Businesses complain that they cannot obtain H-1B visas for key employees. Congress is looking into why these delays are taking place. In the meantime, foreign nationals become disenchanted and look for solutions in…