2018 Hot Topics in Immigration and Global Mobility — Year in Review

Faegre Baker Daniels

More change, more scrutiny, more denials and more backlogs – this sums up 2018 in the immigration and global mobility field. As will be highlighted below, the Trump administration continued to radically alter established U.S. immigration rules and principles — and both Brexit and the General Data Protection Regulation (GDPR) added more sweeping shifts to a year of high-magnitude change. Outlined below are several (but not all!) hot button immigration and global mobility issues to reflect on as 2018 comes to an end and we look towards 2019.

Government Shutdown

2018 began with a government shutdown and will end with a government shutdown. As we covered in January, business immigration is affected in several ways during a government shutdown. The current December 2018 shutdown is only a partial shutdown, and not as many immigration services are affected. Specifically, the Department of Labor (DOL) is not affected with the current shutdown, as an appropriations bill had been signed in September funding the DOL through September 2019.

I-9 Compliance and Enforcement

According to Immigration and Customs Enforcement (ICE), worksite investigations rose 300 percent in 2018, which included 5,981 audits of employers’ Forms I-9 (compared to 1,360 in 2017). Nationwide sweeps and arrests of undocumented workers made front-page news most months in 2018, with more worksite enforcement activity expected to continue in 2019. Employers have sought electronic I-9 systems as a means to improve I-9 compliance, but that approach is not without risk.

Buy American Hire American (BAHA) Executive Order

In April 2017, President Trump signed the “Buy American Hire American” executive order. Although this EO was signed back in 2017, the full impact on H-1B work visas and other areas of immigration was not truly felt until 2018. The heightened scrutiny and increase in denials of H-1B work visas, L-1 work visas and permanent residence applications (to name just a few of the business-based immigration applications affected) has significantly impacted businesses and foreign national employees in 2018.

H-1B Preregistration

On December 3, 2018, United States Citizenship and Immigration Services (USCIS) issued a proposed rule requiring employers seeking to file H-1B cap petitions (including those filed under the U.S. master’s degree exemption and the regular cap) to register in an electronic system during a designated registration period. The rule, which we assessed in a December article, would also change the process by which USCIS counts H-1B petitions. The new process would run the lottery/registration for all beneficiaries and would then select from the petitions seeking the U.S. master’s degree exemption. USCIS expects that changing the order will result in a higher number of U.S. master’s degree petitions being selected. Comments to this proposed rule are due on January 2, 2019. Although it remains unclear, it is highly unlikely that this new H-1B preregistration system will be ready to go as of this year’s H-1B cap filing season which starts on April 1, 2019.


Although a final Brexit deal has not yet been approved in Parliament, the U.K. is poised to leave the European Union (EU) on March 29, 2019. On December 19, 2018, the U.K.’s Home Office and U.K. Visas and Immigration issued a White Paper describing the government’s post-Brexit plan to introduce a single, skills-based immigration system designed to end free movement and ensure full control of the border. The proposed changes to the U.K. immigration system are expected to become effective in January 2021 following a post-Brexit Implementation Period. During the Implementation Period, the U.K.’s EU Settlement Scheme will be implemented while other pre-Brexit immigration rules will continue to apply. More information on the proposed changes to U.K. immigration system can be found in our summary of the December 19 White Paper.


The EU General Data Protection Regulation (GDPR) became effective on May 25, 2018 and, with its wide extra-territorial scope, now becomes the international bar to meet for the processing and protection of personal data. With limited exceptions, organizations must request informed consent from individuals before processing their personal data, and individuals have the right to know whether their personal data is being processed, where and for what purpose. They likewise have a right to be forgotten. Breach notification within 72 hours of becoming aware of the breach is now mandatory in cases in which the breach is likely to “result in a risk for the rights and freedoms of individuals.” Organizations that violate the GDPR can be fined up to 4 percent of annual global turnover or €20 Million (whichever is greater) as a maximum penalty for the most severe violations. Fines ranging from €4,800 to €400,000 have been issued in 2018. There will be more to come.

Restrictive Policy Memos from USCIS

On July 5, 2018, USCIS issued memo PM-602-0050.1, “Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens,” or the “NTA Memo.” This policy memo drastically changes the types of cases for which USCIS will issue a Notice to Appear before an immigration judge. An NTA is the charging document that initiates immigration court proceedings in front of a judge who will determine if the individual should be removed (i.e., deported) from the U.S. Once an NTA is issued, the recipient may not leave the U.S. without permission. A person who receives an NTA and does not attend the proceeding will be ordered removed in absentia and will be barred from reentering the U.S. for five years. On September 28, 2018, USCIS announced that the policy memo would not affect employment based cases at this time. USCIS is implementing the policy in phases. Current cases affected include Form I-485 and Form I-539.

On July 13, 2018, USCIS issued a second policy memo giving USCIS adjudicators the authority to deny an application, petition or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). As we detailed in our August update on the memos, this was another drastic policy change that has and will continue to result in more cases being denied by USCIS. This memo went into effect on September 11, 2018.

Uptick in Denials and Requests for Evidence (RFEs) From USCIS

With the combination of the implementation of BAHA and the issuance of the restrictive policy memos from USCIS, 2018 brought more RFEs, denials, appeals and court cases on business immigration cases. No type of work visa or permanent residence case was immune from the scrutiny — but it was clear as the year went on that a main target of USCIS and the Trump administration continues to be the H-1B work visa. In 2018, the following statistics from 2017 were released from the National Foundation for American Policy:

  • RFE rate for H-1Bs for Q4 2017: 69 percent
  • RFE rate for H-1Bs for Q3 2017: 23 percent
  • Denial rate for H-1Bs for Q4 2017: 22.4 percent

Once 2018 statistics are prepared and released, these numbers will only increase. Specific topics for H-1B RFEs and denials included the H-1B specialty occupation standard, qualifications of the H-1B foreign employee including discounting degrees (such as engineering) that had been accepted on previous petitions, alternate salary surveys, LCA related to the job opportunity in the petition, availability of work, third party placement and others. USCIS also asked for more information on the ability to pay and previous experience for I-140 petitions and continued to request more information on L-1B specialized knowledge, L-1A intracompany managers and executives, multinational manager permanent resident cases and more. Most cases are receiving RFEs — some are approved and some denied after the response is filed. If denied, many individuals will need to leave the U.S. immediately, especially if their status has already expired and they have been remaining in the U.S. and working under the 240 day rule.

Suspension of Premium Processing for H-1B Petitions

As in past years, USCIS suspended premium processing for H-1B cap petitions during the April filing period. However, USCIS expanded the scope of the suspension with an effective date of September 11, 2018 to reduce H-1B processing times and implement the following goals: (1) processing long-pending petitions; (2) being responsive to petitions with time-sensitive start dates; and (3) prioritizing adjudication of extension of cases that have been pending for nearly 240 days. The H-1B petitions affected by the suspension include cap-subject H-1B petitions, all other H-1B petitions filed at the Vermont and California Service Centers (excluding cap-exempt filings), change of employer filings, extensions in which there has been a change in employment and amended H-1B petitions. H-1B petitions not affected so that premium processing has been (and remains) available include H-1B petitions for extension filed exclusively at the Nebraska Service Center that are a continuation of previously approved employment without change with the same employer; and cap-exempt petitions filed exclusively at the California Service Center. USCIS expects the suspension to last until February 19, 2019 and highlighted that expedited processing based on USCIS expedite criteria remains available. Premium processing for other petition types remains available.

Travel Issues

Travel Ban 3.0, as it is known, remains in effect for Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia, with specific visa restrictions for nationals of each country. Although waivers exist that allow individuals to gain visas despite the ban, very few have been granted, and travel for nationals of these countries remains restricted. The administration also issued a memo requesting that U.S. consulates and embassies around the world perform enhanced vetting of all visa applicants. The new supplemental Form DS-5535 (only required of some visa applicants) seeks information on social media handles and other information on travel over the past 15 years, including source of funds. Finally, in other travel news, the legalization of marijuana and the growth of related industries in Canada and some states has posed immigration challenges for non-citizens, as marijuana remains illegal at the federal level. Workers in the marijuana industry face exclusion and other penalties if seeking to enter the U.S. for reasons related to the marijuana industry.

Temporary Protected Status (TPS)

The Department of Homeland Security (DHS) sought to terminate Temporary Protected Status (TPS) from several countries, including Sudan, Nicaragua, Haiti and El Salvador, in 2018 due to updated country conditions. As of October 3, 2018, that termination has been enjoined by a federal court, pending resolution of litigation that claims DHS violated the Equal Protection Clause and the Administrative Procedures Act in deciding to terminate TPS for those countries.

Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals was rescinded by President Trump in September 2017. In January 2018, the U.S. District Court for the Northern District of California ordered a preliminary injunction to partially stop the rescission. In response, USCIS started accepting renewal applications again on January 13, 2018, and is currently accepting renewal applications. No new DACA applications are being accepted and DACA recipients cannot file for Advance Parole. The Department of Justice (DOJ) filed writs of certiorari before judgment with the U.S. Supreme Court in November. A previous writ filed in January 2018 was denied.

F-1 Students / New Unlawful Presence Memo

In addition to H-1B workers, F-1 students were also a key target of additional scrutiny from the Trump administration in 2018. On May 10, 2018, USCIS issued a policy memorandum outlining how the government would be changing the calculation of unlawful presence for those in F-1 student, J-1 exchange visitor and M-1 vocational student status. After receiving and reviewing comments to this new rule, USCIS issued and implemented final guidance on unlawful presence for students and exchange visitors with an effective date of August 9, 2018. This new unlawful policy memo superseded prior more lenient policy guidance issued in 2009 and incorporated in the Adjudicator’s Field Manual. Specifically, the new policy memo now states that F, J and M nonimmigrants can start accruing unlawful presence based on unlawful activity (e.g. failing to maintain status, working without authorization, no longer pursuing course of study, etc.) without a formal finding by USCIS or an immigration judge. Accruing over 180 days of unlawful presence can lead to a three-year bar from returning to the U.S. and accruing 1 year of unlawful presence can lead to a 10 year bar. F, J and M nonimmigrants must be highly vigilant regarding their status to avoid such harsh consequences. Several colleges have filed lawsuits challenging this new policy. These lawsuits are in the initial stages of litigation.


Pursuant to a May 26, 2015 rule, certain H-4 visa holders may obtain work authorization and apply for employment authorization documents from USCIS. Under current rules, H-4 dependents whose spouses hold H-1B status and either have an approval of an I-140 immigrant visa petition or are beyond their six-year period of H-1B status are eligible for this work authorization. Not all H-4 spouses are eligible for an H-4 EAD. Litigation to overturn the H-4 EAD rule has been ongoing pursuant to the court case of Save Jobs USA v. U.S. Department of Homeland Security in the U.S. District Court for the District of Columbia. Although this case has been held in abeyance for over a year based on rule-making coming from DHS, on December 17, 2018, the court removed the case from abeyance, scheduled new briefing and allowed an immigrant rights group to intervene to become part of the court case. The Trump administration has repeatedly announced its intention to terminate H-4 EAD work authorization. Recent statements indicate that such a termination rule is currently undergoing review by the Office of Management and Budget (OMB). However, it is unclear when or how a termination of the H-4 EAD rule will result.

Permanent Residence, Including PERM Applications and I-485 Employment-based Interviews

Although the employment-based permanent residence process remained fairly quiet over the past year, we continued to see changes in the adjudication of I-485 adjustment of status applications. Although the new policy of implementing I-485 interviews for all employment-based cases was outlined in late 2017, most of the I-485 interviews under this policy started to be conducted in early 2018. Many of the questions asked during these I-485 interviews concerned current and prior status. Most cases are not adjudicated and approved until after the interview has been conducted and many cases were sent back to the National Benefits Center (NBC) when EB-1 and EB-2 priority dates retrogressed. In October, USCIS issued an updated policy memorandum about I-485 medical examinations with an effective date of November 1, 2018. This memo has updated the validity period of the Form I-693 from one year to two years from the date of the civil surgeon’s signature, and has also indicated that Form I-693 is valid only when the civil surgeon signs it no more than 60 days before the date an applicant files the petition for the underlying immigration benefit. 

For PERM labor certification applications, we continued to see slower adjudication of prevailing wage requests (four-plus months on average) and faster adjudication of overall PERM applications (about three months) once filed with the DOL. As of end of Q3 2018, 80,864 PERM applications were received by the DOL with 78 percent under analyst review and 15 percent under audit review. There were increased issues with PERM employer account registration in 2018. A good practice pointer for this issue is to have the IRS FEIN letter ready in order to respond to a Request for Information on business existence.

Visa Bulletin and Permanent Residence Backlogs

The Department of State releases the Visa Bulletin around the middle of each month to provide visa number availability for the following month. For much of recent history, the EB-1 category has been current for applicants from all countries, including countries typically backlogged in other countries. In April 2018, cut-off dates were implemented in the EB-1 category for applicants born in India and China. In August 2018, these cut off dates spread to all countries. These backlogs have extended, even into the new fiscal year when additional visa numbers are typically available. Cut off dates in January 2019 have remained in the EB-1 category for all countries. 

Each month, the Department of State also issues a second chart – the Dates for Filing chart. Each month, USCIS indicates which chart they will use. In the past, the Final Action chart was used. In September 2018, USCIS announced they would use the dates for filing chart. This has extended to date, although there are indications this will change in the near future. This means that applicants can file their I-485 applications, even though their priority dates are not current. 

Outlook for 2019: The Silent Wall

As outlined above, although BAHA was issued in 2017, we did not start to see the full impact until 2018. This is what we will continue to see with BAHA, as well as with the several policy memos (RFEs, Denials, NTA, F-1 Unlawful Presence) that were issued in 2018. USCIS will continue to implement these and other restrictive immigration policies which impact U.S. employers and their foreign national employees. Although the mainstream media focuses on the border wall and other immigration issues of interest to the general public, U.S. employers and their foreign national employees will continue to be impacted by this silent wall of heightened scrutiny, denials and backlogs from USCIS, DOL, DHS, CBP and the State Department in its processing and adjudication of work visas and permanent residence applications.

As we kickoff 2019, H-1B work visas will continue to be a focus of the Trump administration. USCIS will review comments that are due on January 2 and will issue a final rule on the H-1B cap preregistration process. Preparations must also start for the H-1B cap filing season whether or not the new preregistration process is in place by April 1.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Faegre Drinker Biddle & Reath LLP | Attorney Advertising

Written by:

Faegre Drinker Biddle & Reath LLP

Faegre Drinker Biddle & Reath LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.