Immigration Civil Procedure Labor & Employment

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The Fifth Circuit Forecasts Mississippi Law on Non-Contractual Indemnity

On May 5, 2016, the Fifth Circuit forecasted whether a non-contractual indemnity claim under Mississippi law should be premised on agency or tort theory. In David v. World Marine, L.L.C., No. 15-30464, 2016 WL 2609791, 2016...more

Supreme Court Update: Green V. Brennan (14-613), Wittman V. Personhuballah (14-1504) And Foster V. Chapman (14-8349)

Three more decisions this morning—Green v. Brennan (14-613), holding that the 45-day limitations period for a constructive-discharge action under Title VII begins to run after the employee gives notice of his resignation;...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

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

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 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

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

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

Fifth Circuit Ruling Upholds Injunction Against the President’s Executive Actions on Immigration

In a 2-1 ruling, the Fifth Circuit Court of Appeals upheld the preliminary injunction issued by U.S. District Judge Andrew Hanen on the grounds that the lawsuit filed by a coalition of 26 states opposing the implementation of...more

BALCA: Error Caused by Deficient PERM Form Not a Proper Reason for Denial

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

Department of Homeland Security Regulation Benefitting STEM Employers Thrown into Question

A federal district judge recently issued a 37-page decision vacating a 2008 Department of Homeland Security (DHS) regulation that has helped thousands of U.S. companies hire and retain foreign students holding U.S. degrees in...more

Federal Court Vacates STEM Extension Program

Current STEM OPT holders not affected until February 2016. A federal judge's ruling earlier this month invalidated the 17-month extension of optional practical training (OPT) for international students in the science,...more

What is going on with STEM OPT?

A recent federal court ruling has created uncertainty and speculation about the STEM OPT program. This summary is provided to inform employers and F-1 STEM students of the facts about the effect of this decision....more

Best Practices for Best Employers: How to Become a Best Workplace Starting Today! - August 2015

Top 5 Legal Developments Every Employer Needs to Know Now - Laws affecting employers are changing faster than ever. If you don’t keep up, you can get burned. Here are a few of the most recent big changes every employer...more

Federal Court Rules on OPT Extension

On Wednesday, August 12, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for...more

Federal Court Ruling Puts STEM OPT Extension in Jeopardy

On Wednesday, August 12, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for...more

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