Immigration and Nationality Act

News & Analysis as of

DOJ Warns That Employers Using Labor Contractors That Violate Anti-Discrimination Laws May be Held Liable

The Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently issued an opinion letter clarifying that employers that carry out discriminatory employment practices,...more

Are Outsourcing Arrangements a New Vehicle for Alleging Employment Discrimination?

Recent events have resulted in greater scrutiny of arrangements involving the outsourcing of certain business functions by U.S. employers, particularly where such arrangements involve foreign workers on visas in the United...more

Fees On The Rise for Certain H-1B and L-1 Petitioners

Effective December 18, 2015, President Obama signed into Law The Consolidated Appropriations Act (Public Law 114-113) which increases fees for certain H-1B and L-1 petitioners. These additional fees apply to the following...more

DOJ States That Replacing U.S. Workers with Temporary Contract Workers May Constitute Unlawful Discrimination

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently released a Technical Assistance Letter (TAL) with guidance on replacing U.S. workers with temporary...more

Worth the Wait: Will USCIS Draft Policy Guidance Bring Greater Job Portability and Career Advancement for Foreign Workers and...

On November 20, 2015, the United States Citizenship and Immigration Services (USCIS) released a highly anticipated draft policy memorandum for public review and comment that provides guidance to USCIS Immigration Services...more

Don’t Forget to Cross Your “Ts” and Dot Your “I-9s” When Hiring Employees

You just need to look around you to know that construction is once again booming. According to the U.S. Bureau of Labor Statistics the construction industry added 259,000 jobs nationwide from January through November 2015....more

Government Offers Guidance for Employers Conducting Internal I-9 Audits

The U.S. Immigration and Customs Enforcement (ICE) Office of Special Counsel for Immigration-Related Unfair Employment Practices recently issued guidance to help employers conduct internal I-9 audits in compliance with the...more

Congress is Considering Changes to the Visa Waiver Program

A bill winding its way through Congress could impact business travel and the U.S. tourism industry. On December 8, 2015, the House of Representatives passed by a vote of 407-19 the Visa Waiver Program Improvement and...more

Immigration and Nationality Act 50th Anniversary Series: National Origin Quotas to Skills & Family Based Immigration

Political Theater: President Johnson and the Bully Pulpit - Fifty years ago, President Lyndon B. Johnson gave Representative Michael Feighan (D-OH) his famous “Johnson Treatment”—using his intimidating physicality to...more

Immigration and Nationality Act 50th Anniversary Series: Birthright Citizenship?

In the first of a series celebrating the 50th anniversary of the Immigration and Nationality Act of 1965, this post explores the concept of birthright citizenship. Election years often revive old bones of contention,...more

The State Department’s Revised Visa Bulletin Opens Temporary Window for Those Applying for Green Cards

Action Item: The U.S. Department of State (“DOS”), in coordination with U.S. Citizenship and Immigration Services (“USCIS”), has announced that it has revised “the procedures for determining visa availability for applicants...more

Steep Fines Underscore Value of I-9 Compliance

A recent ruling by the Office of the Chief Administrative Hearing Officer (which has jurisdiction over cases arising under the Immigration and Nationality Act) underscores the importance of employers revisiting their internal...more

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

The “Reed Amendment” and Admissibility to the United States: Will I Be Barred From Reentry After Renunciation?

A common concern about renunciation of U.S. citizenship is that of admissibility to the United States thereafter. Many people tell me that they have read about a permanent ban on reentry to the United States following...more

West Virginia Amends State Rule Verifying Legal Employment Status of Workers

On July 1, 2015, a new legislative rule amending the procedures required for West Virginia employers to verify the legal employment status of their workers went into effect in West Virginia. Pursuant to section 21-1B-4 of the...more

Supreme Court Update: Glossip V. Gross (15-7955) And Order List

We're back with our final Update of OT14, covering Glossip v. Gross (15-7955), a doubly divisive death-penalty case, and providing a roundup of the Court's orders over the last few weeks. (Did you think we'd forgotten about...more

Office of the Chief Administrative Hearing Officer Rejects DACA Recipient’s Document Discrimination Claim

The U.S. Office of the Chief Administrative Hearing Officer (OCAHO) recently published Gonzalez-Hernandez v. Arizona Family Health Partnership, an interesting decision that illustrates the conflict between state laws and the...more

DAPA and DACA: What Happened to President Obama's Executive Action?

Two Executive Actions held out hope for millions and their would-be employers: they would result in many undocumented workers being able to remain in the US for an additional three years without fear of deportation, and,...more

Retailers Should Review I-9 Processes in Light of Recent DOJ Settlement

Late last month, the U.S. Department of Justice (DOJ) reached a settlement agreement with a large clothing retailer to resolve claims that the company discriminated against a non-U.S. citizen in violation of the federal...more

EB-5 Program Reauthorization: Proposed Legislative Reforms

Created by the Immigration Act of 1990, the Immigrant Investor Program, more commonly referred to as the EB-5 program, offers foreign investors an opportunity to secure permanent residency in the United States by making a...more

A Review of the Supreme Court’s 2014 - 2015 Term

During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

Supreme Court Update: Kerry V. Din (13-1402), Mata V. Lynch (14-185) And Baker Botts V. Asarco (14-103)

The Court took care of some additional throat-clearing on Monday, handing down three decisions: Kerry v. Din (13-1402), holding that no additional process was due a U.S. citizen whose husband's visa application was denied;...more

Supreme Court Decides Mata v. Lynch

On June 15, 2015, the United States Supreme Court decided Mata v. Lynch, No. 14-185, holding that federal courts of appeals have jurisdiction to review the Board of Immigration Appeals’ (Board) rejection of an alien’s motion...more

OSC “Pattern and Practice” Investigations to Continue

Over the past few years, the number of employer investigations—and perhaps more noteworthy, the amount of the penalties assessed—by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has...more

Uttering Forged Instrument – an Aggravated Felony and CIMT in the Eleventh Circuit

The Immigration and Nationality Act (INA) contains provisions that render individuals who are not yet U.S. Citizens inadmissible or removable (deportable) under certain circumstances. For example, convictions of Crimes...more

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