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Immigration
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November 28, 2023
DOL Says Large Tiling Contract Justifies H-2B Workers
A U.S. Department of Labor judge has approved a flooring company's request to temporarily hire dozens of migrant workers, agreeing that a pending construction project created a one-time need for extra workers.
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November 28, 2023
Bannon Ally Says He Won't Flee If Released In $1B Fraud Case
Accused fraudster Ho Wan Kwok, who faces charges over an alleged $1 billion fraud, said his status as a political refugee means he is not a flight risk and that he needs to be let out of a Brooklyn federal prison for the sake of his health.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 27, 2023
SEC's High Court Opponent Is A Supreme Court Newcomer
The U.S. Securities and Exchange Commission on Wednesday will battle for the future of its administrative court with the help of a seasoned high court litigator, while the agency's challenger is placing his hopes on a loyal attorney who has yet to argue a case before the justices.
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November 27, 2023
Amicus Groups Tell High Court To End Chevron Deference
Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.
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November 27, 2023
5th Circ. Says Evidence Backs EB-5 Fraud Conviction
The Fifth Circuit on Monday refused to set aside fraud convictions against a businessman who ran a post-Hurricane Katrina immigration investment scheme, saying the jury's findings were backed by an "overwhelming" body of evidence.
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November 27, 2023
Restaurant Asked For H-2B Waiters Too Late, Judge Says
A Mexican restaurant in Athens, Texas, needed an emergency waiver with its updated request for eight foreign waiters to start immediately, an administrative law judge ruled, backing the U.S. Department of Labor's denial of the application.
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November 27, 2023
Biden Rips Bill Barring Federal Land Use For Immigrants
The White House said Monday that the Biden administration "strongly opposes" a new bill proposed by Republican lawmakers that would bar the government from using federal funds to provide temporary housing to asylum-seekers and other immigrants in national parks and on other federal lands.
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November 27, 2023
DOL Won't Pause H-2B Debarment For Carnival's Appeal
A U.S. Department of Labor judge has refused to allow a traveling carnival to temporarily hire 15 migrant workers, rejecting the carnival's arguments that a February order booting it from the H-2B seasonal worker program should be paused during an appeal.
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November 27, 2023
Defense And Judicial Posts Top Schumer's Year-End Priorities
Breaking through the hold on military promotions and continuing to confirm judicial nominees will be among the top priorities for the Senate for the rest of the year, Senate Majority Leader Chuck Schumer, D-N.Y., said.
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November 22, 2023
Okla. Rep. Seeks To Cut Off Federal Abortion Assistance
An Oklahoma congressman introduced two bills seeking to block the federal government from facilitating and funding abortions nationwide for certain immigrant minors and Medicaid recipients.
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November 22, 2023
Nicaragua-Bound Flight Operators Face US Visa Restrictions
The U.S. State Department announced visa sanctions aimed at owners and operators of charter companies flying migrants to Nicaragua who hope to use the country as a steppingstone to enter the U.S., saying the flights were setting migrants up for dangerous treks to the U.S. border.
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November 22, 2023
Up Next At High Court: SEC Courts, Repeat Offender Sentences
The U.S. Supreme Court returns Monday from a long holiday weekend to hear arguments over the proper standard to apply when sentencing a repeat felony offender under the Armed Career Criminal Act and the constitutionality of the U.S. Securities and Exchange Commission's in-house courts system.
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November 22, 2023
Foreign Hires For $17B Samsung Semiconductor Plant Denied
An electrical engineering company can't hire temporary foreign electrical workers to work on a $17 billion Samsung semiconductor plant in Texas after a U.S. Department of Labor appeals board rejected its contention it needed the workers for a limited time.
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November 22, 2023
Florida Tribe Seeks To Overturn EPA Water Permit Decision
A Native American tribe has asked a federal court for a quick win in its lawsuit challenging the U.S. Environmental Protection Agency's approval of Florida's effort to take over a Clean Water Act permitting program, saying the tribe's waters are outside the state's regulatory jurisdiction.
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November 22, 2023
US Can't Seek FBAR Penalties From Green Card Holder
A Mexican national who holds a U.S. green card doesn't owe penalties for failing to report his foreign bank accounts, even though he told the U.S. government late that he claimed Mexican residency under an international tax treaty, a California federal judge said.
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November 22, 2023
Immigration Partner From Ogletree Joins Nelson Mullins In SC
Nelson Mullins Riley & Scarborough LLP has hired an immigration attorney from Ogletree Deakins Nash Smoak & Stewart PC who will join the firm as a partner in Nelson Mullins' business immigration practice, the firm has said.
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November 21, 2023
SEC Sues Transportation Cos., Atty Over Alleged EB-5 Fraud
The U.S. Securities and Exchange Commission on Tuesday sued the owner of various New York transportation companies as well as an immigration attorney and her firm for allegedly selling unregistered securities, including to those seeking permanent residency through an immigrant investor program.
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November 21, 2023
Salvadorans Say Being Wrongly Tied To MS-13 Led To Solitary
The National Immigration Project has filed a complaint with the U.S. Department of Homeland Security, claiming two Salvadorans held in U.S. Immigration and Customs Enforcement custody were mischaracterized as MS-13 gang members and thrown into solitary confinement solely because of their nationality.
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November 21, 2023
Labor Board Doubts Shipbuilders Need Foreign Workers
Marine and industrial contractor Seven Seas International says it needs 25 foreign specialty marine purity and jacket pipefitters to get through the months of work ahead, but a U.S. Department of Labor unit has ruled that the company did not sufficiently show that the work was temporary.
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November 21, 2023
Chamber Says Floated H-2 Visa Changes May Be Too Harsh
The U.S. Chamber of Commerce urged the federal government to clarify provisions in a proposal to modernize a visa program for temporary foreign workers, saying the provisions unnecessarily nixed ways well-meaning U.S. employers could avoid penalties for collecting recruitment fees.
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November 21, 2023
Fishing Cos. Tell Justices Chevron Deference 'Deeply Flawed'
Fishing company Seafreeze Fleet LLC and its subsidiaries have called on the U.S. Supreme Court to overturn a decades-old doctrine instructing lower courts to defer to federal agencies' interpretations of ambiguous laws, arguing the doctrine is "deeply flawed" by two "significant constitutional shortcomings."
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November 20, 2023
Challenge To DOL Court Paused As Justices Mull Similar Case
A D.C. federal judge pressed pause Monday on weighing in on the propriety of the U.S. Department of Labor assessing penalties for violations of a temporary visa to allow the U.S. Supreme Court to rule whether federal agencies may run their own enforcement proceedings.
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November 20, 2023
Request Killed For H-2B Prep Cooks In Tenn. Tourist Spot
A hospitality service provider in Pigeon Forge, Tennessee, says it needs 40 foreign prep cooks to help its restaurant clients get through the busy season at the popular tourist destination, but a U.S. Department of Labor unit has ruled that the company didn't sufficiently show the work was temporary.
Expert Analysis
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Navigating USCIS' New Minimum EB-5 Investment Period
Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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CFPB, DOJ Signal Focus On Fair Lending To Immigrants
New joint guidance from the Consumer Financial Protection Bureau and the U.S. Department of Justice effectively broadens the scope of protected classes under the Equal Credit Opportunity Act to include immigration status, indicating a significant shift in regulatory scrutiny, say Alex McFall and Leslie Sowers at Husch Blackwell.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Cos. Must Adapt To Calif. Immigration Data Privacy Law
California’s recently signed A.B. 947 expands the California Consumer Privacy Act and brings the state in line with other comprehensive privacy laws that address immigration status, meaning companies should make any necessary updates to their processes and disclosures, say Kate Lucente and Matt Dhaiti at DLA Piper.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Consider Immigration Issues When Hiring Int'l Medical Grads
As health systems across the U.S. struggle to meet patient demand, recruiting international medical graduates can help alleviate some strain, although sorting through the requisite visa processes may require some extra legwork depending on the qualifications of both the graduate and the employer, say Nora Katz and Vinh Duong at Holland & Knight.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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How Biden's AI Order Stacks Up Against Calif. And G7 Activity
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.
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Key Employer Takeaways From USCIS' H-1B Visa Proposal
There are several steps employers can take, like reviewing job descriptions and assessing cap-exempt eligibility, to be well positioned for the sweeping changes that U.S. Citizenship and Immigration Services proposes to implement next year to improve the H-1B visa program, say Brian Coughlin and Angelica Ochoa at Fisher Phillips.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Lost In A Maze Of USCIS Policy On Child Immigration Status
A succession of U.S. Citizenship and Immigration Services policy updates, erroneous denials and conflicting messages have limited practitioners' ability to know which clients qualify under a federal law that protects children from aging out of their parents' immigrant petitions, say Jeffrey Galkin and Anna Stepanova at Murthy Law Firm.