Immigration

  • February 13, 2024

    Prior Sham Marriage Bars Immigration Bid, 4th Circ. Rules

    U.S. Citizenship and Immigration Services properly denied a Czech man's bid for lawful permanent residency status as the spouse of a U.S. citizen because his earlier marriage to another American woman was fraudulent, the Fourth Circuit ruled.

  • February 13, 2024

    11th Circ. Wants Jurisdiction Review In Migrant Release Suits

    The Eleventh Circuit on Tuesday ordered a Florida federal judge to decide if a U.S. Supreme Court decision reviving the Biden administration's immigration enforcement priorities affects the district court's authority to kill two unrelated policies on letting in migrants at the border.

  • February 13, 2024

    Senate Approves $95B Aid Bill For Ukraine, Israel

    The U.S. Senate passed a $95 billion aid package Tuesday morning after months of delay over failed border security reforms, greenlighting emergency security assistance for Ukraine, Israel and Taiwan, along with humanitarian aid for Gaza.

  • February 13, 2024

    Landscaper Loses H-2B Bid For Not Proving Extra Staff Need

    A U.S. Department of Labor judge rebuffed a Texas landscaper's efforts to temporarily hire 10 foreign workers, ruling that the firm hadn't submitted enough evidence showing it had a peakload need for extra staff.

  • February 12, 2024

    Farmworkers Union Fights Bid To Stop NY Ag Law

    The United Farm Workers urged a New York federal judge to let the union intervene in a dispute over a state law covering protections for agriculture workers, arguing an agricultural organization and family-run farms made claims that implicated the union in their suit to block the law's enforcement.

  • February 12, 2024

    Shepherd's Death Halts Round-The-Clock H-2A Pay Case

    A case on whether Nevada state law requires foreign shepherds working through the H-2A temporary visa program to be paid round-the-clock wages was put on hold Monday after the Western Range Association said the plaintiff had died.

  • February 12, 2024

    Tenn. Dept. Settles Claims It Ignored Kids' Citizenship Options

    A Tennessee federal court on Monday approved a settlement requiring Tennessee's Department of Children's Services to ensure undocumented children in its care can timely pursue legal status, resolving allegations the department irresponsibly let children age out of a special pathway to citizenship.

  • February 12, 2024

    Fla. Migrant Transport Suit Halted For Injunction Ruling

    A Florida federal judge on Sunday paused a suit by immigrant rights advocates against state officials challenging a law that makes transporting unauthorized immigrants a crime, staying the case until he decides whether to temporarily block the law.

  • February 12, 2024

    Farm Wins Bid To Change H-2A Workers' Season

    A U.S. Department of Labor appeals board judge reversed a certifying officer's denial of a Kentucky farm's H-2A application for four temporary workers, finding the farm had justifiably changed the workers' duties and therefore its period of need from previous years.

  • February 12, 2024

    Michigan Eatery Fails To Justify Need for Foreign Temp Cooks

    A U.S. Department of Labor appeals board backed a department decision denying a Michigan restaurant's bid to temporarily hire cooks from Senegal, saying the restaurant failed to show any temporary event or circumstances that would merit a bigger workforce.

  • February 09, 2024

    Immigration Backlog Slowing But Still Growing, Report Says

    New immigration court cases declined sharply in January, dropping by more than 110,000 from December, while case completions hit a record high, which a new report from the Transactional Records Access Clearinghouse suggested could signal the backlog is slowing.

  • February 09, 2024

    Feds Get Support At DC Circ. To Issue Spousal Work Permits

    Two immigration advocacy groups urged the D.C. Circuit to uphold an Obama-era program offering work permits to the spouses of highly skilled workers, calling the embattled program a lawful exercise of the executive branch's decades-old power to authorize noncitizens to work.

  • February 09, 2024

    No Need For Anonymity In Fla. Immigration Suit, Judge Rules

    A Florida federal judge denied a bid by affected individuals to proceed anonymously in their challenge to a state law making transporting unauthorized immigrants a crime, ruling the individuals' privacy concerns aren't exceptional enough to warrant anonymity.

  • February 09, 2024

    EB-5 Visa Fraud Suit Should Be Stayed, Court Hears

    A man accused of defrauding green-card hopefuls of millions of dollars through a visa program for foreign investors has asked a Florida federal court to pause claims against him while he appeals a decision refusing to send the case to arbitration.

  • February 09, 2024

    NC Court Won't Halt Immigration Atty's Disbarment

    The North Carolina Court of Appeals has declined to halt the disbarment of an immigration attorney accused of misusing client funds, over the lawyer's objections that he's licensed by the New York bar and therefore can't be disciplined by Tar Heel State watchdogs.

  • February 08, 2024

    DHS To Propose Employment Visa Updates Later This Year

    The U.S. Department of Homeland Security said Thursday it plans to propose amendments to employment-based immigration regulations later this year, and will increase flexibility for nonimmigrant employees and religious workers, according to a semiannual regulatory agenda.

  • February 08, 2024

    Texas Says New Migrant Arrest Law Mirrors Federal Law

    The state of Texas pushed back Wednesday against the Biden administration's effort to block the state's controversial new criminal law allowing the state to arrest and deport migrants, arguing that the state law "mirrors" federal law standards and can't be preempted.

  • February 08, 2024

    Advocates Ask Garland To Nix 'Overbroad' Asylum Decision

    A coalition of 129 immigrant rights groups and university legal clinics asked Attorney General Merrick Garland on Thursday to vacate a Board of Immigration Appeals decision they contend wrongly disqualifies some noncitizens from asylum for providing material support to terrorists.

  • February 08, 2024

    DHS Can Better Explain Joint Task Force Decisions, GAO Says

    The U.S. Department of Homeland Security is missing criteria for establishing or terminating joint task forces meant to combat security concerns, including along the southern border, making it hard to determine whether a task force is needed, a report revealed.

  • February 08, 2024

    No Proof Of Off Season Sinks Carnival Vendor's H-2B Bid

    A Florida-based carnival food vendor failed to show that its business between January and November justified its request for temporary foreign workers, a U.S. Department of Labor appeals judge ruled, finding the company's documentation lacking.

  • February 08, 2024

    US Officials Must Face Refugee's Processing Delay Suit

    A Minnesota federal judge refused to toss a Somali refugee's lawsuit accusing federal officials of unreasonably delaying his quest to bring his family to the U.S. for over seven years, backing the refugee's contention that his case wasn't yet moot.

  • February 08, 2024

    Sham Marriage Dooms Man's Bid To Avoid Deportation

    The Board of Immigration Appeals rejected an Argentine man's bid to remove conditions on his permanent residence because the U.S. citizen he married said their union was fraudulent, invalidating the joint petition his appeal was based on.

  • February 07, 2024

    Asylum Limits Suit Paused For Possible Settlement

    A D.C. federal judge on Wednesday temporarily paused a suit by asylum seekers challenging a Biden administration rule limiting asylum at the southern border after the parties said they are exploring a settlement.

  • February 07, 2024

    Staffing Co. Resolves DOJ Claims Of US Citizen Hiring Bias

    A Maryland staffing and recruiting company has settled claims it violated federal immigration law by refusing to refer, recruit or hire non-U.S. citizens for a client company, the U.S. Department of Justice announced Wednesday.

  • February 07, 2024

    Board Says Facts Need Sussing In ICE, Charter Biz $64M Battle

    The U.S. Civilian Board of Contract Appeals has refused to grant summary judgment to either U.S. Immigration and Customs Enforcement or an airline charter in a $64 million fight over canceled flights, saying too many factual disputes remain in the case.

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Expert Analysis

  • Why NIL Policy Isn't A Game Changer For Int'l Students

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    While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.

  • 3 Pricing Trends In Law Firm Use Of Litigation Funding

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    As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • Digital Nomads: Key Considerations For Global Businesses

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    As employers and employees embrace remote, location-independent work arrangements enabled by technology, they must be mindful of the employment law and tax consequences such arrangements may trigger, say Hannah Wilkins and Audrey Elliott at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Employee Immigration Considerations For M&A Due Diligence

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    For a company going through a merger or acquisition, an immediate review of immigration issues, including compliance and impediments to employee retention, can remove several stumbling blocks known to trip up otherwise viable deals, say Elizabeth Gibbes and Miguel Manna at Parker Poe.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

  • Series

    My Favorite Law Prof: How I Learned To Argue Open-Mindedly

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    Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

  • ABA's No-Contact Rule Advice Raises Questions For Lawyers

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    The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

  • 4 Key Skills For An Effective Attorney Coaching Conversation

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    As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.

  • Perspectives

    How Civilian Attorneys Can Help Veterans

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    With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.

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