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Immigration
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May 06, 2024
Foreign Grads Settle Suit Against DHS Over Visa Denials
Dozens of foreign college graduates have settled their suit in Washington federal court accusing the U.S. Department of Homeland Security of treating them as accomplices in an alleged visa scam without letting them respond to the allegations, saying DHS has withdrawn its fraud findings relating to the plaintiffs.
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May 06, 2024
Judge Backs H-2B Visa Rejection For Missing Trucking Routes
A U.S. Department of Labor official was not wrong to reject a trucking company's application to hire foreign long-haul truckers because the company failed to provide detailed routes for the drivers, an agency judge said.
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May 03, 2024
Gen AI Shows Promise — And Peril — For Pro Se Litigants
Research on the capabilities of generative AI tools to help self-represented people has shown potential, but there is broad disagreement about how and when pro se litigants should be using them alone.
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May 03, 2024
GOP Sens. Warn Biden Against Accepting Gazan Refugees
A group of 35 Republican U.S. senators warned President Joe Biden not to move forward with reported plans to accept refugees from Gaza, expressing doubts about being able to adequately vet individuals for terrorist ties to Hamas.
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May 03, 2024
NY Judge Urged To Detain Chinese Tycoon Who Owes $500M
A trio of Chinese investors have urged a New York federal judge to prevent a Chinese cinema magnate from being deported, saying he will otherwise skip town without paying more than $500 million in arbitral awards and nearly $164,000 in attorney fees.
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May 03, 2024
Brothers Accuse Cos. Of Mishandling $1.1M EB-5 Investments
Two brothers from India sued companies behind a combination residential-resort project they invested in under the EB-5 investor visa program, telling a Florida federal court that their green card petitions were denied because the companies mishandled their $1.1 million investment.
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May 03, 2024
HHS Finalizes Rule To Expand Health Coverage For Dreamers
Immigrants brought to the U.S. as children without authorization will no longer be excluded from federal health insurance programs, under a new regulation finalized Friday that will permit enrollment through Affordable Care Act exchanges.
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May 02, 2024
DHS App Exposing Migrants To Cartel Violence, Report Says
The Biden administration's use of a smartphone app to process asylum seekers at the southern border has become all but mandatory, stranding many migrants in Mexico and leaving them exposed to cartel violence, Human Rights Watch said.
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May 02, 2024
NYC Wants To Bill For 'Weaponized Transport' Of Migrants
A lawyer for New York City told a state court judge Thursday that Texas bus companies should cover the costs of caring for migrants transported there amid litigation over Gov. Greg Abbott's "budget-breaking scheme" to influence immigration policy.
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May 02, 2024
Poultry Cos. To Pay $5.1M Settling OT, Child Labor Violations
A network of California poultry processors will pay over $5 million to settle a U.S. Department of Labor lawsuit in federal court after an agency investigation found the processors employed children to debone poultry and failed to pay over 475 workers overtime.
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May 02, 2024
Immigrant Bond Co. Buyer Wants In On $811M Fine Appeal
Libre Immigration Services has moved to intervene at the Fourth Circuit to fight an $811 million judgment against companies it recently acquired that the Consumer Financial Protection Bureau sued over abusive immigrant bonding practices.
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May 02, 2024
Rules Against Judge Shopping Move Forward At Fed Agency
Federal appellate courts should review most government agency actions, and cases involving those actions that wind up in district courts should be subject to district-wide assignment to avoid judge shopping, according to recommendations approved Thursday by a committee of the federal agency charged with improving government rulemaking.
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May 02, 2024
Atty Facing Gag Order Bid Says He's Not 'Ambulance-Chasing'
Tyrone Blackburn, the attorney for two men suing Fox Rothschild LLP for malpractice, has hit back at the firm after it called attention to a recent ruling referring him to a grievance committee, saying he is "not an ambulance-chasing attorney who lives in front of a camera."
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May 01, 2024
Ex-State Dept. Adviser To Co-Lead Klasko's Investor Visa Team
A former U.S. Department of State attorney-adviser has left government service to co-lead Klasko Immigration Law Partners' EB-5 regional center and developer practice, the firm recently announced.
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May 01, 2024
6th Circ. Says Precedent Revives Salvadoran's Removal Fight
The Board of Immigration Appeals misread precedent in finding that a Salvadoran man convicted of a misdemeanor under a Tennessee domestic violence law is barred from canceling his removal based on a disqualifying crime of violence, the Sixth Circuit has ruled.
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May 01, 2024
DOL Announces $6.5M For Seasonal Farmworker Housing
The U.S. Department of Labor on Wednesday said it will make $6.5 million in grants available to organizations working to improve housing conditions for seasonal and migrant farmworkers and their dependents.
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May 01, 2024
Senior Living Company Resolves Asylee Hiring Bias Claims
A senior living facility operator has agreed to settle allegations that it unlawfully discriminated against a worker in the U.S. on asylum by demanding that the worker present specific documents to prove that she could work, the U.S. Department of Justice announced Tuesday.
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May 01, 2024
Meta's Privacy Fight With FTC Paused For High Court Ruling
The D.C. Circuit has pressed pause on Meta's bid to block the Federal Trade Commission from pursuing modifications to the parties' $5 billion privacy settlement to await the U.S. Supreme Court's decision in a case challenging the U.S. Securities and Exchange Commission's in-house courts.
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April 30, 2024
Chicago Wants Help Probing Migrant-Moving Bus Companies
Chicago is asking for an Illinois state court's help to enforce subpoenas the city says it issued to learn more about illegal migrant transportation services several bus companies have provided for the state of Texas, saying the companies have ignored its information requests.
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April 30, 2024
Migrant Families, Biden Admin Settle Separation Suit
The Biden administration has inked deals resolving two lawsuits from migrant parents who claim to be experiencing lasting emotional damage after being separated from their children under a Trump-era policy.
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April 30, 2024
Wash. Fights GEO's Bid For Final End To ICE Detention Law
The state of Washington pushed back against GEO Group's effort to scrap its law allowing surprise inspections and raising hygiene standards at immigration detention facilities, saying the private prison operator is already partly shielded from enforcement of the law while a Washington federal court considers its constitutional challenge.
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April 30, 2024
Foreign Farmworker Protection Rule Could Frustrate Hiring
A new U.S. Department of Labor regulation boosting labor protections for H-2A visa workers has industry experts worried that it could frustrate a common practice of sharing employees within the agricultural industry, and pose hiring challenges for farmers and ranchers.
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April 30, 2024
Dinsmore Immigration Duo Jumps To Thompson Hine
Former Dinsmore & Shohl LLP immigration attorneys Kelli Hayes and Dwight D. Myfelt have joined Thompson Hine LLP's offices in Ohio, where the firm says they'll help advise clients hiring skilled immigrants for growing sectors of the state.
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April 30, 2024
Sens. Want Clarity On Foreign College Athletes' NIL Rights
Lawmakers on Monday pressed the Biden administration for guidance on the ability of foreign-born college athletes to earn money through advertisements and publicity deals, stressing that imprecise visa rules have confused the athletes.
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April 29, 2024
Co. Can't Use Nonlegal Names To File Multiple H-2B Apps
A U.S. Department of Labor judge refused to revive a company's denied bid for H-2B workers, saying that the company and an affiliate were unlawfully trying to hire foreign workers for the same job opportunity under two different names.
Expert Analysis
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment
Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.
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Opinion
Congress Should Pass Bipartisan Immigration Reform Bill
By reforming visa allocation, expediting asylum processing, creating new employment visas and creating a path forward for individuals lacking permanent legal status, the recently introduced Dignity Act presents an opportunity for much-needed reform and deserves support from both sides of the aisle, says Laura Reiff at Greenberg Traurig.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Pay Transparency Laws Complicate Foreign Labor Cert.
State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Foreign Labor Certification Website Still Structurally Limited
Though the U.S. Department of Labor's Office of Foreign Labor Certification has shown encouraging responsiveness in correcting at least one major issue with its online portal, several sources of frustration — including employers' limited access to filed applications — still require fixing, says Michael Morton at Fakhoury Global.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Perspectives
Immigration Board Must Mend Choice Of Law Post-Garcia
The Board of Immigration Appeals must revisit the choice of law standard recently established in Matter of Garcia, which fails to establish predictability, upsets the settled expectations of parties' remanded cases and unfairly tips the scale in the government's favor, says Monica Mananzan at the Capital Area Immigrants' Rights Coalition.
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Fla. Foreign Real Estate Law Brings Broad Investment Risks
Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.
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Roundup
Inside Immigration Court
In this Expert Analysis series, immigration judges discuss best practices for attorneys who appear before them and important developments in immigration court practice.
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Opinion
Federal Law Should Recognize And Protect Stateless People
The government should protect the 200,000-plus people living in the U.S. with no recognized claim to citizenship under any country's laws by defining statelessness, providing benefits like green card eligibility and a path to citizenship, and issuing guidelines for federal officers evaluating statelessness cases, say Samantha Sitterley at United Stateless and Charles Johnson at Akin Gump.