News & Analysis as of

Immigration and Nationality Act Trump Administration

Seyfarth Shaw LLP

Trump Administration Midnight H-1B Changes Purport to Impose New Burdens on Staffing Firms, Service Providers, and Their Corporate...

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In its waning hours, the Trump Administration announced comprehensive, burdensome changes to H-1B visa requirements for multiple firms across virtually all industries. Fortunately, however, the changes are set to detonate on...more

Rosenberg Martin Greenberg LLP

Trump-appointed Judges Show Their Independence

The past four years have been challenging for immigrants in the United States.  President Trump has made “strong borders” a cornerstone of his administration. Among the well documented and inhumane consequences of his...more

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

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On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

Littler

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

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In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

CDF Labor Law LLP

District Court Strikes Trump Administration H-1B Wage Regulations

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On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program.  These rules sought to restrict access to H-1B visas by redefining the...more

Harris Beach PLLC

Radical Change to H-1B Lottery Process Proposed by Trump Administration

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On November 2, 2020, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) to effectively end the random H-1B visa lottery selection process used when U.S. Citizenship and Immigration...more

Burr & Forman

Federal Court Bars Government from Enforcing Presidential Proclamation’s Suspension of Nonimmigrant Visas Against Thousands of...

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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

Baker Donelson

Court Enjoins Proclamation Banning H, J, L Visas

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On October 1 a federal district court in California immediately enjoined the implementation of the President's Proclamation against the issuance of visas in the H, L, and J classifications, pending further hearings in the...more

Jackson Lewis P.C.

Foreign Student Status And Student Work Authorization

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Foreign students wishing to study in this country may have whiplash over the Trump Administration’s many moves. Early in 2020, a federal court blocked the Department of Homeland Security (DHS) from changing the rules...more

Seyfarth Shaw LLP

Dreamers Face DACA Reboot

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Seyfarth Synopsis: In light of the recent Supreme Court decision, DHS continues the DACA program, but implements new guidance as it conducts a complete review of the program....more

Stinson - Government Contracting Matters

For Federal Contractors, Another Potential Hurdle to Engaging Foreign Labor

On August 3, 2020, the president issued Executive Order No. 13940 on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers....more

Seyfarth Shaw LLP

Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

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The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more

Proskauer - Government Contractor Compliance...

Executive Order Addresses Federal Contractors’ Use of Foreign Workers

Quick Hit: On August 3, 2020, President Trump issued an “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (the “Order”), which requires federal agencies to perform...more

McCarter & English, LLP

Another Day, Another Executive Order: Targeting Nonissues In H-1B Hiring Practices

On August 3, 2020, President Trump signed an executive order (“EO”) entitled “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.” Perhaps by design, it signals widespread review of the...more

Seyfarth Shaw LLP

Pursuing a National Interest Exception to the Presidential Entry Bans on Economic Grounds — Not A Fool’s Errand

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We’ve seen this movie before. Scene 1: The President issues a proclamation in reliance on his authority to restrict the entry of certain noncitizens under Immigration and Nationality Act (INA) § 212(f) so long as he...more

Harris Beach PLLC

A Pragmatic View on 'Suspending Immigration into the United States'

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Late Monday night, April 20, 2020, President Trump made another sweeping immigration announcement without much detail, creating widespread panic around the globe. He posted on Twitter: “In light of the attack from the...more

Lowenstein Sandler LLP

US visa policy violates the human rights of transplant candidates and the terminally ill

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Can you imagine needing a life-saving transplant and then having a family member, who is an exact donor match, denied entry into the U.S. for a medical procedure that could save your life? Or being denied your dying wish to...more

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

Beltway Buzz - January 2020 #3

Where is Everybody? Perhaps due to the impeachment trial of President Donald Trump, it’s been a relatively quiet week in the labor and employment arena in Washington, D.C. President Trump and U.S. Secretary of Labor Eugene...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Seyfarth Shaw LLP

The Trump Administration Releases a New Hymnal to Curb the Administrative State; Immigration Lawyers Erupt in Rapturous Song

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President Trump’s October 9, 2019 overtures landed as music to the ears of many a grizzled immigration lawyer who persistently suffers battle fatigue from the culture of virtually never.  On that day the President released a...more

Jackson Lewis P.C.

Federal Judge Enjoins DHS’s Public Charge Rule And Required Use Of Related Forms

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U.S. District Court Judge George S. Daniels of the Southern District of New York enjoined the Trump Administration’s new Public Charge Rule scheduled to go into effect on October 15, 2019. The new Rule has been the subject of...more

Proskauer - Proskauer For Good

Pro Bono for Immigrant Families: Seeking Asylum in the U.S. from Mexico

Since my trip to the U.S./Mexico border last summer, the situation for families seeking asylum has only become more challenging, especially in light of the Administration’s new “Remain in Mexico” policy. This week, I am in...more

Harris Beach PLLC

Crossing the Line? Immigration Consequences of Marijuana Use

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In 2018, marijuana was legalized for recreational use nationwide in Canada. New York state is also in the process of legalizing marijuana for recreational use; however, it remains illegal under federal law. As noted...more

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

Déjà Vu - President Trump’s New Asylum Rule Raises Questions About Presidential Authority Similar to the Travel Ban

A federal judge has blocked the Trump administration’s recent immigration policy barring individuals from seeking asylum if they entered the United States anywhere other than at an official port of entry. Judge Jon S. Tigar...more

Fox Rothschild LLP

Proposed Public Charge Rule Change

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On Saturday, September 22, 2018, the Trump administration announced the upcoming publication of a proposed rule designed to redefine a status known as “public charge” — a category used to determine whether someone seeking...more

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