Immigrants

News & Analysis as of

Immigration Court Backlog Reaches All-Time High Due to Influx of Juvenile Immigrants

According to data obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, as of the end of June 2014, the number of cases awaiting resolution before the Immigration Courts has reached 375,503...more

Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

Immigration Crisis at the Border

Since last October, tens of thousands of unaccompanied minors and women with children have traveled from Central America to turn themselves over to border patrol units along our southern border with Mexico. As a result, ICE...more

More Executive Action on Immigration Reform: Work Authorization For H-4 Spouses

In a new draft rule notable not only for its substantive content but also for the fact that it represents another incremental immigration reform measure undertaken by executive action in lieu of stalled Congressional...more

Department of State Releases August 2014 Visa Bulletin

The bulletin shows minor advancement in the EB-2 category for applicants chargeable to India and China as well as significant advancement in the EB-3 category for applicants chargeable to China and the Philippines, minor...more

BIA Holds Physical Presence of Parent Cannot be Imputed to Child for TPS Purposes

The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the continuous physical presence of a parent could not be imputed to a minor child for purposes of Temporary...more

FLSA Compliance Not That Important? You Might Need a Criminal Lawyer, Too

Those of you who attended our annual Employment Law Conference this past February know that failing to complete Form I-9 for all new hires can lead not only to civil fines and penalties, but to criminal penalties. That’s true...more

Federal Government Bars Immigration Checks By Schools

The U.S. Departments of Education and Justice have recently issued new guidance – in the form of a “Dear Colleague” letter to school administrators nationwide – barring public schools from conducting immigration checks on...more

Undocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court

On June 26, 2014, in Salas v. Sierra Chemical Co., the California Supreme Court held that undocumented immigrants who fraudulently obtained employment still may pursue retaliation and discrimination claims under the...more

USCIS Issues Guidance on “Extraordinary Circumstances” Under CSPA

On June 27, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on evaluating claims of “extraordinary circumstances” for late filings when the applicant must have sought to acquire lawful...more

Availability of Non-Immigrant Visa Appointments in Canada Extremely Limited During Summer Months

The U.S. Department of State recently announced that due to increasingly heavy demand by Canada-based visa applicants, the seven U.S. visa processing posts in Canada are extremely limited in their ability to accept Third...more

How to Change Status from Temporary Work Visa to Employment Green Card

Foreign nationals often come into the U.S. under a work visa anticipating that their stay will be temporary. After working in the U.S. for a period of time, however, the individual may wish to make his or her immigration...more

What Employers Need to Know About I-9 Audits

With the government enforcing I-9 compliance with increased vigilance, it is more important than ever for employers to understand the I-9 requirements and be prepared for an I-9 audit in the event that one...more

Duplicate E-Verify Entries

A new feature in E-Verify will now provide a notification to users when a case is entered that includes the same Social Security number as another case entered in the previous 30 days. Oftentimes duplicate cases are entered...more

Capital Thinking: Homeland Security

Legislative Activity Senate to Mark Up FY 2015 DHS Appropriations - The Senate Appropriations Subcommittee on Homeland Security has announced that it will mark up the FY 2015 Homeland Security Appropriations bill on...more

Update on President Obama’s Review of Deportation Policies

On March 13, President Obama directed the Secretary of Homeland Security, Jeh C. Johnson, to conduct a review of deportation policies and practices. Its purpose was to come up with “more humane” enforcement efforts and slow...more

Phone Scam Targets Immigrants

Around this time last year, we reported on telephone scams involving callers purporting to be immigration officers contacting foreign nationals to demand money. Recently, there have been reports of a similar scam targeting...more

Labor & Employment E-Note - June 12, 2014

In This Issue: - Unions Battle with Employers Over Covering ACA Costs - More Types of Companies Requiring Workers to Sign Non-Competes - Employers Cut Back on Benefits, Push Health Costs onto Workers - High...more

Immigration Corner: E-Verify Not an Impenetrable Shield, H-4 Spouses May Soon be Looking for Work, More Trips to the Doctor for...

E-Verify offers a tool to assist employers in verifying employment/immigration status for prospective employees, but it should not be mistaken for protection during an I-9 audit. On March 26, 2014, the Office of the Chief...more

Supreme Court Rules Some Children Over 21 Must Restart Visa Process

A divided Supreme Court ruled Monday that nearly all immigrant children who turn 21 while waiting for their families’ visa application to be approved will have to restart the process. The 5-to-4 decision came before the...more

DHS and White House Respond to Increase in Unaccompanied Immigrant Children at the Border

Last week, President Obama and the Department of Homeland Security (DHS) released statements on a plan to address an increase in unaccompanied immigrant children at the southwest border of the United States. The statements...more

Department of State Releases July 2014 Visa Bulletin

Bulletin shows nearly four years of advancement in the EB-2 category for applicants chargeable to India and minor advancement for applicants chargeable to China as well as significant advancement in the EB-3 category for...more

Federal Government Expands Enforcement of Immigration Laws through Site Inspections and Employee Interviews

USCIS’s Fraud Detection and National Security (FDNS) Directorate is expected to begin full-scale implementation of an L-1 site inspection program in the near future. FDNS conducts unannounced administrative site visits...more

The Employment Law Authority - May/June 2014

In This Issue: - Immigration. New proposal aimed at attracting highly-skilled immigrants. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. J. Hamilton Stewart and Matthew...more

Significant Movement for EB-2 India in Department of State's July Visa Bulletin

The July 2014 Visa Bulletin has been released by the U.S. Department of State (DOS), and as reported by Charles Oppenheim of the State Department's Visa Office, the EB-2 category for foreign nationals from India pursuing the...more

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