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Immigration
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October 03, 2024
Red States Want H-2A Farmworker Rule Gone For Good
More than a dozen Republican-led states are urging a Georgia federal judge to vacate a U.S. Department of Labor rule that would strengthen protections for foreign farmworkers within the H-2A visa program, arguing that the department clearly overstepped its authorities.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
Soldiers Urge DC Circ. Not To Revive DOD Naturalization Rule
Immigrant soldiers urged the D.C. Circuit to affirm a lower court's order that wiped away a Pentagon requirement to serve for one year before becoming eligible for citizenship, saying lawmakers wanted military personnel enlisting during wartime to reap the benefits of citizenship.
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October 02, 2024
Cognizant Exec Cites India's Talent Pool To Explain Workforce
A Cognizant Technologies vice president repeatedly denied in testimony Wednesday that the company is biased toward Indian workers in a class action brought by former employees, and said the company's high percentage of Indian workers with visas is due to the "vast pool of engineering talent" in that country.
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October 02, 2024
Colony Ridge Seeks Quick Appeal In 'Reverse Redlining' Suit
A Texas real estate developer that recently lost a bid to exit a lending discrimination suit brought by the U.S. government and the Consumer Financial Protection Bureau has moved to begin a Fifth Circuit appeal, arguing the "novelty" of the case's reverse redlining theory warrants immediate appellate review.
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October 02, 2024
ACLU Seeks Info On Feds' Ability To Deport People En Masse
The American Civil Liberties Union on Wednesday sued U.S. government agencies overseeing the nation's immigration system in New York federal court for records outlining their ability to carry out a mass detention and deportation campaign.
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October 02, 2024
DOL Judge Remands Rejected Request For Foreign Welders
A U.S. Department of Labor judge instructed a certifying officer to reconsider the rejection of a ConocoPhillips subcontractor's request to hire 75 welders for 18 months for a controversial oil-drilling project, saying a request of that magnitude could work because the applicant had not previously used seasonal workers.
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October 02, 2024
USCIS Updates Guidance Evidence Standards For EB-1 Visas
U.S. Citizenship and Immigration Services on Wednesday issued new guidance to clarify the types of evidence the agency will weigh in considering applications for EB-1 extraordinary ability visas for individuals at the top of certain fields.
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October 01, 2024
Ex-Cognizant Worker's Emails Show His Prejudice, Jury Told
A former Cognizant Technology IT worker who is among a class of employees alleging the company is biased toward Indians and South Asians was confronted on cross-examination Tuesday during a California federal trial about emails he sent that a company attorney argued show a longstanding "problem" with Indian visa holders.
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October 01, 2024
Mich. Court Says It Can't Force Gov't To Speed Up U-Visas
A Michigan federal judge dismissed a proposed class action from U-visa petitioners who sued over government processing delays, saying federal courts lack power to force the U.S. Citizenship and Immigration Services to process visas in a required time frame.
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October 01, 2024
Texas Loses Bid To Block Residency Over Use Of Benefits
A Texas federal judge has dismissed the state's lawsuit challenging a Biden administration decision to upend a Trump-era rule blocking permanent residency for immigrants who use certain public benefits, finding Texas lacked standing because it didn't show the upending would lead to an increase in immigration or related costs.
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October 01, 2024
Feds Can't Ditch Trimmed Asylum Seekers' Suit Over CBP App
A California federal judge trimmed Monday a proposed class action challenging the federal government's requirement that asylum seekers use a smartphone app to submit applications, tossing an Alien Tort Statute claim and narrowing the scope of injunctive relief sought, but keeping the bulk of the Administrative Procedures Act fight alive.
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October 01, 2024
Rancher Wins Claim That Border Wall Halt Hurt Environment
An Arizona rancher has won his lawsuit claiming the Biden administration violated federal environmental law by failing to analyze how stopping construction on a border wall between the U.S. and Mexico and terminating a program that returned migrants to Mexico would impact the area.
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October 01, 2024
Ex-DHS GC Returns To Sheppard Mullin As Nat'l Security Head
The U.S. Department of Homeland Security's former general counsel Jonathan Meyer has bounced between the agency and Sheppard Mullin Richter & Hampton LLP since 2016, and now after three years as DHS' top lawyer, the firm said Tuesday he's returning to lead its national security group in D.C.
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September 30, 2024
'I Was Excluded,' White Ex-Cognizant Worker Tells Jury
A former Cognizant employee testifying for a class of former workers alleging the company is biased in favor of Indian employees corrected an attorney on Monday when asked if she "felt excluded" at the company, insisting, "Well, I was excluded."
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September 30, 2024
Texas' Standing Theory Yet To Be Tested At High Court
Litigation challenging federal immigration policy has become a cornerstone for both Democratic and Republican-led states, but Texas-led suits have introduced a unique theory of standing that has yet to be tested in the U.S. Supreme Court.
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September 30, 2024
If Not Asylum Curbs, What Else? Mayorkas Says In Defense
U.S. Secretary of Homeland Security Alejandro Mayorkas pointedly criticized those who have condemned new restrictions on asylum-seekers, saying Monday the limits must be viewed in light of a need for order at the southern border.
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September 30, 2024
Biden Admin Expands Asylum Curbs At Southern Border
The Biden administration on Monday quadrupled the length of time during which stringent asylum restrictions that were introduced in June will remain in effect.
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September 30, 2024
Irish Jockey's EB-1 Visa Suit Won't Cross Finish Line
An Irish jockey can't sue federal officials for denying his application for U.S. citizenship because his application process was still open, even if only so he can try to explain why it shouldn't be closed, a Pennsylvania federal judge ruled Monday.
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September 30, 2024
Texas Says 5th Circ. Border Buoy Ruling Is No Court Split
The federal government and the state of Texas are at odds over how much weight a Fifth Circuit en banc opinion that halted the removal of a 1,000-foot buoy barrier in the Rio Grande should carry, with the Lone Star State rebuking the assertion that the en banc proceedings produced a nine-nine, non-precedential split.
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September 30, 2024
Logistics Co. Wants Out Of Worker Visa Misuse Class Action
A Georgia logistics company accused of luring skilled workers from Mexico to the U.S. with empty promises of well-paying technical jobs asked a federal judge Friday to be let out of the proposed class action for want of any ties to the plaintiffs' alleged mistreatment.
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September 30, 2024
DOL Judge Accepts Trucking Terminal As H-2B Worksite
A U.S. Department of Labor judge allowed an agricultural company to resubmit a request to temporarily hire noncitizen truckers to deliver fertilizer throughout Nebraska, saying the company didn't have to detail the truckers' delivery routes when describing their worksites.
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September 30, 2024
DOL Says Fabricator Can't Get H-2B Workers For One Project
A fabrication company found no support from a U.S. Department of Labor judge for its request to hire 150 foreign welders and fitters, with the judge taking issue with the company's explanation that the workers were needed for one project.
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September 27, 2024
Sick Juror Goes Virtual To Keep Cognizant Trial On Track
A California federal judge proposed an "outside the box" idea Friday after a juror in a trial considering allegations that Cognizant Technologies is biased in favor of Indian workers came down with COVID-19, allowing the juror to view the proceedings from home via video.
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September 27, 2024
Ex-Citizens' Renunciation Fee Suit Shipped To Claims Court
A D.C. federal judge ruled that a lawsuit brought by former U.S. citizens seeking a refund on their $2,350 citizenship renunciation fee belongs in the Court of Federal Claims.
Expert Analysis
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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How EB-5 Regional Centers Can Prepare For USCIS Audits
In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.