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Supreme Court Agrees to Hear Travel Ban Case next Fall, Reinstates parts of Travel Ban

On Monday, June 26, 2017, the Supreme Court granted certiorari to hear the government’s appeal of lower court’s injunctions on President Trump’s travel ban in their next session beginning October 2017, and granted the...more

Foreign Startup Founder Rule Delayed

It is being reported that the Trump Administration intends to stop a new rule meant to help grant foreign-born entrepreneurs temporary permission, “parole,” to be in the U.S....more

Trump Recasts U.S.-Cuba Policy

On Friday, June 16, President Trump announced policy changes towards Cuba while speaking in Miami. Trump’s new policy directive reverses many of the Obama administration’s policies with Cuba. ...more

Three Key Immigration Developments in President Trump’s First Weeks

Immigration has been in the forefront of the news since President Trump took office and will likely remain so in the near future. Here, we discuss three key business immigration issues that have seen significant developments...more

President Trump Orders Far-Reaching Suspension of Entry: The Response and What to Expect Next

On January 27, 2017, President Trump issued an Executive Order (EO), titled, “Protecting the Nation from Foreign Terrorist Entry into the United States.” Among other provisions, the EO suspends immigrant and nonimmigrant...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Trump Nominates Robert Lighthizer as U.S. Trade Representative

On January 3rd, President-Elect Trump nominated Robert E. Lighthizer as the U.S. Trade Representative. Lighthizer currently works as a partner at Skadden, Arps, Slate, Meagher & Flom, where he specializes in international...more

Immigration Under the Trump Administration

For those of us reading tea leaves after the election, the question remains: how will the election of Donald Trump to the office of the presidency affect immigration? Candidate Trump became well-known for his strong...more

Business Immigration Under President-Elect Trump

With one of the most divisive presidential elections in U.S. history behind us, the question remains: How will the election of Donald Trump affect business immigration? Many people were concerned by his rhetoric during the...more

American Businesses Should be Concerned by Trump’s Announcement That He Will Nominate Jeff Sessions as Attorney General

President-elect Donald Trump has announced that he intends to nominate Senator Jeff Sessions for Attorney General. If confirmed, the conservative Senator from Alabama would serve as the country’s top law enforcement official....more

China Loses Claims to the South China Sea in Landmark Decision

On Tuesday, China received a binding decision from the Permanent Court of Arbitration at The Hague, Netherlands, regarding territorial claims in the South China Sea. The international tribunal ruled unanimously that China’s...more

Supreme Court Issues a Disappointing Spit Decision in United States v. Texas

On Thursday, the Supreme Court split 4-4 in the case United States v. Texas, effectively leaving the Fifth Circuit’s decision in place, which blocks protections for millions of immigrants. This ruling voids the safeguards...more

What Effect Will Brexit Have on Immigrants?

Voters in the United Kingdom (UK) have voted to leave the European Union (EU), which has been referred to as “Brexit.” While the referendum to leave the EU has passed, this will not happen right away. The transition will take...more

Labor and Employment Observer 2015/2016

The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC - BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news,...more

K Visa Process

The press has been reporting that the woman who carried out the San Bernardino massacre with her husband came to the U.S. last year on a K visa, raising questions about whether the K visa process can adequately vet people who...more

Public Law 111-230 H-1B, L-1 Additional Fees Expire

H-1B and L-1 petitions filed on or after Oct. 1, 2015, should not include the additional fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law 111-347, for certain H-1B and L-1...more

10/14/2015  /  ACWIA , Fees , H-1B , L-1A , L-1B , USCIS , Visas

Court Determines that Stepchild Does Not Fall Under Definition of Child

The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s claim that he derived citizenship under INA §320(a) from his U.S. citizen stepfather, who married his non-citizen mother after he was born...more

USCIS Revises Preparer’s Declaration on Form I-129

USCIS recently published a new Form I-129, Petition for a Nonimmigrant Worker. The new Form I-129 contains a revised “Petitioner’s Declaration” and revised “Preparer’s Declaration,”...more

8/21/2015  /  Declaration , Form I-129 , USCIS

USCIS Resumes Premium Processing for Extension of Stay H-1B Petitions

USCIS announced today that it will resume accepting Form I-907, Request for Premium Processing Service for all H-1B extension of stay petitions. However, all premium processing requests received by USCIS before July 13, 2015...more

7/15/2015  /  H-1B , USCIS

Visa-Issuing Embassies and Consulates Back Online

The State Department advised that all visa-issuing embassies and consulates are back online, though problems are still occurring with some online immigrant visa application forms....more

Update on Pre-Clearance at Airports

Airline travel can be a long, unpleasant process. Long lines are part of the problem. In the past, frequent fliers received complimentary TSA PreCheck status, but no more....more

5/12/2015  /  Airlines , Airports , DHS , TSA

Cuba Update

President Obama has asked Congress to take Cuba off the list of countries that sponsor terrorism. The President made a formal recommendation to Congress, setting in motion a 45-day review process during which lawmakers can...more

USCIS Reaches FY 2016 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) announced it has reached the congressionally mandated H-1B cap for the fiscal year (FY) 2016. USCIS will use a lottery system in order to randomly select the petitions needed...more

4/10/2015  /  H-1B , Lottery , USCIS , Visa Caps , Visas

Cuba Today

One week ago, I visited Cuba with a delegation from the American Bar Association’s International Law Section. During our visit, we met with government officials, attorneys, law professors, foreign businessmen, journalists...more

Congress Finally Funds DHS & USCIS

Congress finally passed a funding bill to keep the Department of Homeland Security (including USCIS) open. It will now be sent to President Obama’s desk for his signature (he is expected to sign the bill). The bill will fund...more

3/5/2015  /  Appropriations Bill , DHS , USCIS
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