President Barack Obama’s executive order expanding Deferred Action for Childhood Arrivals (DACA) eligibility and work authorization met a another roadblock when a federal District Court threatened to sanction the Secretary of Homeland Security and senior DHS officials for issuing three-year Employment Authorization Documents (EADs). The court previously enjoined implementation of expanded DACA, including issuance of
US Immigration
USCIS Issues Final Guidance on When to File an Amended or New H-1B Petition
Following the decision of the Administrative Appeals Office (AAO) of USCIS, USCIS has issued a new Policy Memorandum to its employees outlining when an amended H-1B petition must be filed.
On April 9, 2015, AAO clarified that an employer must file an amended or new H-1B petition when a new Labor Condition Application (LCA) for…
Customs and Border Protection to Begin Collecting Exit Data on Certain Foreign Nationals
U.S. Customs and Border Protection (CBP) has announced that it will begin collecting biographic and biometric data from some foreign national travelers in a test program when they depart the United States at Atlanta’s Hartsfield-Jackson International Airport
The biometric and departure data will be collected through use of an “enhanced mobile device” that will allow…
Arguments in Appeal of Texas Federal Court Injunction on Immigration Reform Executive Actions
The U.S. Court of Appeals for the Fifth Circuit, in New Orleans, heard arguments on July 10 as to whether a preliminary injunction on the implementation of President Barack Obama’s executive actions to defer deportation and grant work authorization to certain undocumented individuals presently in the U.S. should be overturned. The programs were enjoined by…
Appeal of Injunction on Immigration Reform Executive Actions Set for Arguments
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, in New Orleans, will hear arguments on July 10 as to whether a preliminary injunction on the implementation of President Barack Obama’s Executive Action policies affecting certain foreign nationals should be overturned.
“Deferred Action for Parents of Americans and Lawful Permanent Residents…
Temporary Protected Status Granted for Nepal
USCIS has announced that it would grant Temporary Protected Status (TPS) for citizens of Nepal through December 24, 2016. TPS provides relief to individuals whose countries are not safe due to civil unrest, natural disasters, or other temporary, but substantial catastrophes. The 7.8 magnitude earthquake in Nepal on April 25, 2015, devastated the country, leaving…
Washington Orchard to Pay $2.25 Million in Fines After ICE Audit
Earlier this month, a Washington fruit orchard, Broetje Orchards, settled an ongoing Immigration and Customs Enforcement (ICE) audit and agreed to pay ICE $2.25 million in a lump-sum fine. The fine was part of a settlement with ICE to resolve the orchard’s violations of the Immigration Reform and Control Act.
According to ICE, Broetje Orchards…
Delays in Visa Issuance by U.S. State Department
The U.S. State Department has announced that the Bureau of Consular Affairs is experiencing technical problems with its visa systems, causing delays in printing visas and threatening to require rescheduling some visa interviews. The issue is not country-specific and, therefore, has affected visa applicants worldwide. The State Department expects the systems to be fully operational…
Texas Agencies Ordered to E-Verify (state contractors are off-the-hook)
Texas Governor Greg Abbott signed a bill (S.B. 374) into law June 10, 2015, that requires state agencies in Texas to use the E-Verify system to check that new employees are authorized to work in the U.S.
E-Verify, managed by U.S. Citizenship and Immigration Services, compares information filled out by job applicants on an…
H-1B Amendment Required for Change in Place of Employment
U.S. immigration law requires that a U.S. H-1B employer must file an amended H-1B petition if there is a material change in the terms and conditions of the H-1B employment. However, prior USCIS informal opinion letter or guidance provided little guidance on the types of changes that would constitute a material change. In the event…