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
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
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
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
The Immigration and Nationality Act delegates authority to the Department of Homeland Security (DHS) to decide whether to parole a foreign person into the United States. Parole is a discretionary remedy decided on a...more
Certain foreign entrepreneurs have a new pathway available to enter the United States to develop a business concept through a start-up company. Entrepreneurs who will have a central and active role in a start-up company that...more
U.S. employers may find it confusing that hiring for certain roles can involve what seem to be competing compliance obligations. On one hand, the Immigration and Nationality Act makes it illegal for employers to make hiring...more
A recent ruling in the U.S. District Court for the District of Columbia provides added protection and work authorization safeguards for H-4 spouses of H-1B visa holders facing potential lawsuits and administrative challenges....more
On Friday, January 13, the Supreme Court of the United States granted certiorari in eight cases: U.S. ex rel. Schutte v. SuperValu Inc.; U.S. ex rel. Proctor v. Safeway, Inc., Nos. 21-1326, 22-111: These consolidated...more
On September 8, 2022, United States Citizenship and Immigration Services (USCIS) announced its long waited public charge rule. As outlined in our previous alert, in March 2021, USCIS rescinded its public charge rule, which...more
J-1 exchange visitors, often Foreign Medical Graduates (FMGs), who receive graduate medical education or training in the U.S. are subject to the two-year foreign residence requirement under Section 212(e) of the Immigration...more
Each person who becomes a naturalized citizen of these United States is required to swear the following Oath...more
The U.S. House of Representatives passed the Build Back Better Act (BBBA) (H.R. 5376) by a vote of 220–213. Supported by the Biden Administration and congressional Democrats, the controversial bill heads to the Senate with...more
The U.S. Department of Justice (“DOJ”) Office of Public Affairs issued a press release two days ago, October 19, 2021, announcing a settlement with Facebook involving their recruiting practices to qualify foreign nationals...more
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
J-1 exchange visitors who received graduate medical education or training in the U.S. are subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act (INA). This...more
On July 20, 2021, the U.S. Court of Appeals for the D.C. Circuit held that the Immigration and Nationality Act (“INA”) precludes court review of a decision by U.S. Citizenship and Immigration Services (“USCIS”) to revoke a...more
It may be hard to imagine, but prior to 1986 it was not illegal for an employer to hire an undocumented worker. All of that changed with the enactment of the Immigration Reform and Control Act of 1986 (IRCA). In addition to...more
On June 1, 2021, the U.S. Supreme Court decided Garland v. Ming Dai, overruling the Ninth Circuit’s longstanding “deemed-true-or-credible” rule that required reviewing courts to treat noncitizens’ testimony as credible and...more
On May 18, 2021, the U.S. Department of State (DOS) updated its interpretation of the requirements for acquisition of U.S. citizenship at birth as provided by the Immigration and Nationality Act (INA). ...more
The recent legalization of adult-use cannabis in New York State has created enormous economic opportunity in the state, but taking advantage of those opportunities may bring harsh immigration consequences for foreign...more
The English nursery rhyme was wrong. Not only do sticks and stones break our bones, but words can also hurt. This is the lesson recently imparted by the Acting Director of U.S. Citizenship and Immigration Services (USCIS),...more
President Biden’s Proclamation Rescinds the “Muslim Ban” On his first day in office, President Joe Biden signed Proclamations 9645 and 9983, which immediately ended earlier executive orders and presidential proclamations...more
Earlier this year, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas through at least December 31, 2020 (“the Proclamation”). On...more
Some 50,000 foreign nationals with approved Lawful Permanent Residency (Green Card) applications have been waiting for months to receive their cards, which provide proof of lawful permanent resident status. Without these...more