News & Analysis as of

Immigration and Nationality Act

Ogletree, Deakins, Nash, Smoak & Stewart,...

State Department Announces FY 2024 Visa Limits Have Been Reached for EB-1, EB-2, EB-3, EW, EB-4, and EB-5 Unreserved Categories

The U.S. Department of State has announced that annual visa limits for fiscal year (FY) 2024 have been reached for the following employment-based categories: EB-1, EB-2, EB-3, EW (other workers), EB-4, and EB-5 unreserved....more

Cozen O'Connor

Annual Limit Reached for All Immigrant Visa Categories for FY2024

Cozen O'Connor on

On Monday, September 9, 2024, the U.S. Department of State (DOS), working in close collaboration with U.S. Citizenship and Immigration Services (USCIS), announced publicly that all available immigrant visas in the...more

Seyfarth Shaw LLP

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

Seyfarth Shaw LLP on

On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

Seyfarth Shaw LLP

Navigating Visa Challenges: DOS Updates on Inadmissibility Waivers

Seyfarth Shaw LLP on

A recent update and clarification from the Department of State (DOS) on waiver eligibility expands opportunities for visa applicants facing difficulties in obtaining visa stamps for entry to the U.S. This clarification,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Deferred Enforced Departure Announced for Certain Lebanese Nationals

On July 26, 2024, President Biden announced Deferred Enforced Departure (DED) for certain Lebanese nationals for a period of eighteen months, which took effect immediately. The president also directed the U.S. Department...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Legalization Processes for U.S. Citizen Spouses and Dreamers Will Start on August 19, 2024

On June 18, 2024, the White House unveiled two new initiatives to provide a faster path to work authorization for Deferred Action for Childhood Arrivals (DACA) recipients—also called Dreamers—and other undocumented...more

Alston & Bird

Another DOJ/IER Discrimination Investigation and Settlement with a Staffing Company

Alston & Bird on

Our Immigration Team inspects a Department of Justice investigation into how a staffing company asked for job applicants’ proof of permission to work in the United States....more

Constangy, Brooks, Smith & Prophete, LLP

DOJ settlement is a painful – but helpful – reminder about employer review of authorization documents

A California staffing agency has recently settled a case brought by the U.S. Department of Justice regarding the employment authorization documents that its predecessor company reviewed before hiring. According to the DOJ,...more

Jackson Lewis P.C.

Supreme Court Reaffirms Federal Courts Lack Authority to Review Visa Denials

Jackson Lewis P.C. on

In a 6-3 ruling in U.S. Department of State et al v. Munoz et al (Case Number 23-334), the Supreme Court of the United States (SCOTUS) reaffirmed the doctrine of consular nonreviewability ruling against a U.S. citizen’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - May 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Guidepost Solutions LLC

Combating Immigration Visa Fraud with the False Claims Act

Recently, a Cincinnati-based healthcare staffing company agreed to pay $9.25 million (as well as pledging an additional $8 million for related healthcare projects) to resolve investigations into its visa sponsorship program....more

Dorsey & Whitney LLP

The Supreme Court Update - April 29, 2024

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in four cases: Medical Marijuana, Inc. v. Horn, No. 23-365: This case involves interpretation of the Racketeer Influenced and Corrupt Organizations Act...more

Jackson Lewis P.C.

Understanding How U.S. Export Controls Affect Manufacturers’ Hiring Practices

Jackson Lewis P.C. on

The U.S. government has adjusted export control regulations in an effort to protect U.S. national security interests. The revisions primarily affect export of electronic computing items and semiconductors to prevent foreign...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Employment-Based Immigration Year in Review: Many Changes Made, Many Changes Promised

Looking back at 2023, many of the employment-based immigration changes proposed and implemented by various U.S. government agencies focused on increasing efficiency and alleviating strain on our immigration system. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

January 2024 Visa Bulletin and Visa Number Availability for the Remainder of FY 2024

U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State have significant volumes of adjustment of status and immigrant visa applications in their inventories, limiting the supply of available...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Recent and Upcoming Immigration and Nationality Fee Increases in the United Kingdom

On 15 September 2023, the Home Office announced significant increases to UK immigration and nationality fees, which came into effect on 4 October 2023. This increase has affected many different categories, including the...more

Foley & Lardner LLP

Department of Justice and Apple Reach $25 Million Landmark Agreement

Foley & Lardner LLP on

On November 9, 2023, the U.S. Department of Justice (DOJ) announced that it secured a landmark $25 million agreement with Apple, Inc. (“Apple”) to resolve allegations of discriminatory hiring and recruitment processes...more

Constangy, Brooks, Smith & Prophete, LLP

Apple to pay $25 MM to settle claims it discriminated against U.S. workers

Apple Inc. has agreed to pay $25 million to the U.S. Department of Justice Civil Rights Division, Immigrant and Employee Rights Section, to settle claims that it discriminated against U.S. workers in recruiting and hiring...more

Mintz - Immigration Viewpoints

Analysis: Employment-based Permanent Residence Retrogressions

Over the past several months, the Department of State (DOS) and Department of Homeland Security (DHS) have announced additional backlogs in the permanent residence (Green Card) quota system. These additional backlogs have...more

Tarter Krinsky & Drogin LLP

Important Immigration Updates - DV-2025 Diversity Lottery Program Opens 10/4, Renewal of Venezuela for Temporary Protected Status

The U.S. State Department and United States Citizenship and Immigration Services (USCIS) have announced several significant updates relating to the 2025 Diversity Lottery Program and the Temporary Protected Status extension...more

Nilan Johnson Lewis PA

Everything You Need for the 2025 Diversity Immigrant Visa Program (DV-2025)

Nilan Johnson Lewis PA on

At the beginning of each federal fiscal year (October), the Department of State conducts a lottery called the Diversity Immigrant Visa Program. If a person is selected, they are eligible to submit an application for permanent...more

Mitratech Holdings, Inc

Cracking the Code: Understanding the Ins and Outs of I-9 Compliance Processes

If you’re an employer or HR professional, you’ve likely heard about this important aspect of hiring and onboarding. But what exactly is I-9 compliance? And why is it crucial for your business?...more

Jackson Lewis P.C.

Energy, Infrastructure, Domestic Manufacturing: Immigration System to Meet Labor Needs

Jackson Lewis P.C. on

As the United States carries out projects funded by the Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act, the manufacturing...more

Wilson Sonsini Goodrich & Rosati

DOJ Sues SpaceX in Continuing Campaign Against Use of Export Controls to Justify Employment Discrimination

On August 24, 2023, the U.S. Department of Justice (DOJ) filed a complaint against Space Exploration Technologies Corporation (SpaceX) for its alleged violations of the Immigration and Nationality Act’s (INA) prohibition on...more

Kerr Russell

Ensure I-9 Compliance To Avoid Steep Fines

Kerr Russell on

On November 6, 1986, the U.S. Government enacted the Immigration Reform and Control Act requiring employers to verify the identity and employment eligibility of all individuals hired to perform labor or services in the United...more

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