The Deferred Action for Childhood Arrivals (DACA) policy continues to be under attack. In Judge Andrew Hanen’s court in the Southern District of Texas, a coalition of Republican states filed a motion for summary judgment in a long-pending case alleging that the Biden Administration’s new DACA rule is no more valid than the original DACA
Omnibus Spending Bill Adds Portugal to List of E-1/E-2 Treaty Countries, New E Visa Requirement
Portugal is designated an E-1/E-2 treaty country in the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (H.R. 7776/NDAA) passed by Congress on December 15, 2022. President Joe Biden is expected to sign the bill, providing Portuguese nationals E-1 and E-2 visa eligibility.
E-1 and E-2 visas are for treaty traders…
New DACA Rule Reflects Court’s Limitations
The new Deferred Action for Childhood Arrivals (DACA) final rule is in effect – to the extent permitted by court orders.
DACA allows temporary protection from deportation for undocumented immigrants who came to the United States under the age of 16. There are approximately 600,000 immigrants, known as “Dreamers,” who are protected by DACA.
Optional Practical Training Programs for F-1 Students Are Valid, Federal Appeals Court Held
In Washington Alliance of Technical Workers v. DHS (WashTech), the D.C. Circuit held that optional practical training programs (OPT) that allow students on the nonimmigrant F-1 visa to work in the United States for up to three years following their graduation are valid. This decision comes after eight years of litigation.
In 2014, WashTech…
Announcement: California Employers Required to Include Pay Range Information in Advertisements, Effective 1/1/2023
On September 27, 2022, Governor Gavin Newsom signed an amended version of California SB-1162, Employment: Salaries and Wages. Among the new provisions which will become effective on January 1, 2023 is the requirement that California employers with at least 15 employees include the pay scale for any position in any job posting, including advertisements posted…
Employers Using PERM Labor Certification Keep Eye on Salary Requirements on Job Listings
Employers that sponsor foreign nationals for green cards using PERM Labor Certification have been watching as a growing number of states and localities require salary transparency in job postings. California soon may join that list.
If the amended version of California’s SB-1162, Employment: Salaries and Wages, is signed by Governor Gavin Newsom, California employers with…
How Links to Marijuana Industry Can Affect Foreign Nationals’ U.S. Immigration Status
Marijuana still is considered a Schedule I drug under the federal Controlled Substances Act. A conviction under the Controlled Substances Act can lead to severe consequences for a non-U.S. citizen.
Under U.S. immigration law, any non-U.S. citizen who is convicted under the Controlled Substances Act, even green card holders, who participate or make investments…
Massachusetts Driver’s Licenses for Undocumented Immigrants to be Question for Voters?
Voters in Massachusetts may be asked whether to repeal state law granting standard Massachusetts driver’s licenses to undocumented immigrants in November.
In February 2022, the Massachusetts House of Representatives passed a bill to allow undocumented immigrants to apply for standard Massachusetts driver’s licenses. The bill was then passed by the Massachusetts Senate and vetoed by…
USCIS Updates Requirements for TPS Holders
Some Temporary Protected Status (TPS) holders will once again be able to overcome inadmissibility for adjustment of status purposes by traveling internationally because USCIS is updating its interpretation of MTINA, the Miscellaneous and Technical Immigration and Naturalization Amendment of 1991.
As of July 1, 2022:
- USCIS will no longer use the advance parole mechanism to
Employers Need to Look Out for Local Laws on Salary Transparency, in Addition to PERM Regulations
Employers doing PERM cases need to be on the lookout for local laws that require salary transparency in recruitment ads. Pursuant to the Department of Labor’s PERM regulations, recruitment advertisements must include only the name of the employer, the job location, directions on how to apply for the position, and a description of the…