Immigration Civil Procedure

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Policy Fights in the Courts: United States v. Texas

On April 18, 2016, the Supreme Court heard oral argument in a major immigration suit, United States v. Texas. This case is a highly-politicized lawsuit in which dozens of states have sued the federal government over what is...more

Investigating Illegal Aliens’ Charges: Fourth Circuit Says EEOC Can Serve Subpoena On Employer

Seyfarth Synopsis: This Fourth Circuit ruling opens the door for the EEOC to investigate employers as a result of EEOC charges brought by unauthorized employees, even though an illegal alien worker may not be able to seek...more

Supreme Court Hears Oral Arguments in Important Immigration Case, United States v. Texas

On April 18, 2016, the U.S. Supreme Court heard oral arguments in United States v. Texas, the lawsuit challenging President Obama’s executive actions on immigration. The case concerns a program that President Obama announced...more

EB-5 Program Update – SEC Orders $3.2 Million in Disgorgement Against Unregistered Broker-Dealers

So you want to use the government’s EB-5 Immigrant Investor Program (“EB-5 Program”) to raise cash? Be aware that the SEC will be looking over your shoulder to determine whether you are acting as an unregistered broker-dealer...more

Arbitration Provision Rejected in Franchise Dispute

In Case Del Caffe Vergnano SPA v. ItalFlavors, LLC, the Ninth Circuit held that the court, not an arbitration tribunal, could review a franchise contract and determine it was a sham, based upon a second contract signed...more

Does Scalia's Death Change How the Supreme Court Will Decide Obama's Immigration Agenda?

The recent death of Justice Antonin Scalia adds to the drama and speculation surrounding US v Texas, and may help to tip its ultimate resolution in the Obama administration’s favor. ...more

Carnival company voluntarily dismissed from H-2B prevailing wage class action

Last week, plaintiffs from a proposed class action involving H-2B visa guest workers voluntarily dismissed a Florida amusement park company from the pending litigation. The case involves the prevailing wage rate offered to...more

Decision on STEM OPT Program is Delayed Until May 10, 2016

On January 23, 2016, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Colombia granted the U.S. Department of Homeland Security’s motion to extend the stay of the vacatur of the STEM OPT rule from...more

How Justice Scalia's Death Could Have Profound Reverberations for Employers

The sudden death of Associate Justice Antonin Scalia of the Supreme Court of the United States, who served on the Court for over 30 years, has touched off a heated political debate over the appointment and consideration of...more

A Preview of Business Immigration in 2016: Visa Bulletin Controversy Continues (Part 5/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

A Preview of Business Immigration in 2016: H-4 EAD Reforms (Part 4/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

Court Extends Vacatur on OPT Extensions for STEM Students

One of the major immigration developments for 2016 is a proposed rule from the Department of Homeland Security (DHS) that would allow certain F-1 students to extend their period of “optional practical training” (OPT) if they...more

Immigration Update: Court grants government extension request for OPT STEM rule

An update to the notice we posted last week about the ongoing STEM OPT litigation: The court, in Washington Alliance of Technology Workers v. U.S. Dept. of Homeland Security, granted the government (Department of...more

A Court Must Expressly Retain Jurisdiction to Enforce the Terms of a Settlement Agreement

In Mirsad Hajro and James R. Mayock v. United States Citizenship and Immigration Services, et al. (collectively, “USCIS”), 2016 S.O.S. 11-17948, The Ninth US Circuit Court of Appeals held that it had jurisdiction to review...more

2nd Circuit Court Requires I-140 Revocation Notice: Analysis

On December 30, 2015, the US Court of Appeals for the 2nd Circuit ruled that US Citizenship and Immigration Services (SUCIS) must notify either the beneficiary of an approved I-140 or successor employer, of any intent to...more

Supreme Court will hear DACA/ DAPA Appeal

The Supreme Court will hear the Obama administration’s appeal of the 5th Circuit Court’s decision to uphold the nationwide injunction of the expansion of Deferred Action for Children (DACA) and implementation of Deferred...more

Supreme Court grants Certiorari in Texas v. USA

Tuesday, the Supreme Court granted certiorari in Texas v. USA, setting the stage for a blockbuster opinion on the legality of the centerpiece of President Obama’s program to lift the threat of deportation and provide...more

Supreme Court Agrees to Review Major Immigration Case Just as the Presidential Election Heats Up

Immigration is already a major issue in this year’s presidential race, as candidates from both parties try to score political points out of the presence of roughly eleven million undocumented immigrants in the country and the...more

Breaking News: SCOTUS to Hear DOJ’s Appeal of the Fifth Circuit’s Decision in State of Texas v. U.S.

Today, the U.S. Supreme Court announced that it would hear the U.S. Department of Justice’s appeal of the Fifth Circuit’s 2-1 ruling upholding the preliminary injunction issued against President Barack Obama’s executive...more

High Fines Continue to Provide “Additional Motivation” for I-9 Compliance

Although Immigration and Customs Enforcement (ICE) has recently eased off of its record pace for commencing new I-9 inspections, employers can take no comfort. ICE continues to use these inspections as a key enforcement tool...more

Supreme Court Rejects States’ Request for 30 Day Filing Extension on DACA, DAPA

On Tuesday, December 1, the U.S. Supreme Court handed the Obama administration a “small procedural vactory” and refused the request of Texas and other states for a 30-day extension to file briefs in support of the lawsuit...more

Fifth Circuit Upholds Injunction Against Obama's Immigration Actions

The Fifth Circuit Court of Appeals has affirmed the preliminary injunction against President Barack Obama’s executive action that would potentially have shielded approximately 4.4 million undocumented immigrants from...more

5th Circuit Upholds Deferred Action for Parents: Next Stop Supreme Court?

On November 9, 2015, the United States Court of Appeals for the Fifth Circuit issued their 124 page decision upholding a nation-wide injunction of the Deferred Action for Parents of Americans and Lawful Permanent Residents...more

Looking Backwards and Forward: A Review of Key EEOC Developments, Successes and Failures in FY 2015 and What to Watch For in FY...

On November 19, 2015, the Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report (PAR), which highlights key EEOC developments over the past fiscal year, ending September 30,...more

Fifth Circuit Strikes Down DACA and Expanded DAPA

On November 9, 2015, the United States Court of Appeals for the Fifth Circuit upheld an injunction permanently barring the implementation of two executive action initiatives President Obama announced in November 2014 –...more

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