Immigration Law Update: USCIS Publishes Final Rule, New AAO NIW Standard

Clark Hill PLC

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

On November 18, 2016, US Citizenship and Immigration Services (USCIS) published a final rule aimed at improving several aspects of certain employment-based immigrant and nonimmigrant visa programs. This rule codifies longstanding Immigration Agency policies and practices established as a result of the American Competitiveness and Workforce Improvement Act of 1998 and the American Competitiveness in the Twenty-first Century Act of 2000.

Aspects of this new rule were mentioned in President Obama's November 2014 speech on immigration reform, see Clark Hill's 11/21/16 Immigration Update for more. While the new House of Representatives has proposed a law which would repeal many of President Obama's recent regulations, the Senate, at this time, does not appear willing to pass a similar law.

This final rule went into effect on January 17, 2017 and is not retroactive; it only applies moving forward. Below is a summary of the major areas impacted by this final rule:

Petitions for Employment Based Green Cards and Priority Date Retention

  • Existing regulations establish that a priority date of an employment-based immigrant visa petition accompanied by a labor certification is established when the labor certification is accepted for processing by the US Department of Labor (DOL). The new rule confirms that the priority date of a form I-140 Immigrant Worker petition that does not require a labor certification is the date the I-140 petition is properly filed with USCIS. 
  • Once an I-140 has been approved, the beneficiary may retain the priority date, regardless of the amount of time that has passed since the I-140 was approved, so long as the I-140 approval is not revoked because of fraud, willful misrepresentation of a material fact, invalidation or revocation of the labor certification, or material error with regards to USCIS's approval of the petition.
  • The new rule amends existing automatic revocation rules to prevent I-140 petitions that have been approved for 180 days or more from being automatically revoked solely because the employer withdraws the I-140 petition or the employer's business has terminated. These approved I-140 petitions will remain valid for certain H-1B extensions; and job portability for Adjustment of Status applicants whose Adjustment of Status has been pending for 180 days or more, where there is a change to a new job that is in the same or a similar occupational classification. It is important to note that an I-140 priority date may be retained despite employer withdrawal or termination of the business less than 180 days after the I-140 petition has been approved. Retention of I-140 priority dates and retention of the I-140 petition approvals are treated differently under the rule. 
  • The new rule clarifies that an approved I-140 that is subject to withdrawal or business termination cannot on its own be used when filing an I-485 Adjustment of Status application or appear at an immigrant visa interview (at a US consulate outside the US). To obtain an immigrant visa or Adjust Status, the beneficiary must have either a new I-140 filed approval on their behalf; or if eligible for Adjustment Portability, there must be a new employer offer of employment in the same or a similar occupational classification.
  • Once an applicant's priority date becomes current, the I-140 expires within a one year time period. This one year time period will start over if the priority date retrogresses during the year. USCIS will have some discretion here if there are circumstances outside of the applicant's control.  
  • For more information about I-140's and Adjustment of Status, please see the Clark Hill website.

Adjustment of Status Portability

  • This applies to persons who have an Adjustment of Status application that has been pending for 180 days or more, and there is a change to a new job that is in the same or a similar occupational classification.
  • To use Adjustment Portability, an Adjustment of Status applicant must have a valid offer of employment from the employer who sponsored or is sponsoring their I-140 to be able to even file the initial I-485 Adjustment of Status application. 
  • There is no deadline to file notification that an applicant will be using Adjustment of Status Portability.  The new form is called I-485 Supplement J.  Applicants may file proactively to see if USCIS will approve the new position. Currently, there is no USCIS fee to apply for Adjustment Portability.
  • As stated above, if employer withdraws the I-140 before the I-140 and I-485 have been pending 180 days, the I-140 goes away and the applicant can no longer rely on the I-140 for Adjustment Portability.
  • There is still no definition of how long an applicant must stay with the I-140 employer after the green card is approved - as applicants need to be willing to stay for some "reasonable period of time."
  • For more information about Adjustment Portability, please see the Clark Hill website.

Eligibility for Employment Authorization in Compelling Circumstances

  • The new rule provides for temporary employment authorization (EAD) to certain nonimmigrants who are the beneficiaries of approved I-140 visa petitions, but whose cases are backlogged. To qualify, an individual must:
  1. Be in the US in E-3, H-1B, H-1B1, O-1, or L-1 status, including any applicable grace periods of authorized stay, at the time the employment authorization is filed;
  2. Be the principle beneficiary of an approved I-140 petition;
  3. Show that an immigrant visa is not available based on their priority date, preference category, and country of birth according to the final action date in effect on the date the employment authorization is filed; and
  4. Demonstrate a compelling circumstance to justify the issuance of employment authorization.
  • The new rule specifies that "compelling circumstances" will be determined on a case-by-case basis, based on the totality of the circumstances and that it is a higher standard than a "mere inconvenience." The rule intentionally does not establish a bright-line definition of the meaning of compelling so that there is flexibility to recognize the various circumstances that could be considered compelling. The new rule, and comments to the rule, specify a non-exhaustive list of examples of situations that may be considered compelling and those that likely do not rise to the level of compelling.
    • The following circumstances may be considered compelling and justify a need for employment authorization under the new rule:
  1. Serious illness or disability faced by the applicant or their dependent that requires the worker moving to a different geographic location for treatment or otherwise substantially changing his or her employment circumstances.
  2. Employer retaliation against the applicant. The applicant would need to show they are involved in a dispute regarding the employer's alleged illegal or dishonest conduct evidence by, for example, a complaint filed with a government agency or court because the employer has taken retaliatory action.
  3. Other substantial harm to the applicant, such as an applicant who has been applying an industry-specific skill set with a US employer that unexpectedly terminates the business, where the applicant's skill set is not needed in their home country.
  4. Significant disruption to the employer, and where the applicant's departure would cause the petitioning employer substantial disruption.
  • The following circumstances, alone, do not rise to the level of compelling circumstances:
  1. Lengthy wait for an immigrant visa;
  2. Applicants seeking advanced academic experience in the US;
  3. Dissatisfaction with current employment or pay;
  4. Home ownership;
  5. Children who will turn 21 years of age before the green card is approved;
  6. Unemployment; or
  7. Negative impact on applicant's derivative family members, professional career, or on the on-going education of the applicant's children.
  • An applicant can file for an EAD at any time before the expiration of their nonimmigrant status in accordance with the I-765 filing instructions.
  • The new rule limits employment authorization to a one year period.  Additionally, the applicant may seek renewals for up to one year increments if they can show one of the following:
  1. That they continue to face compelling circumstances and that an immigrant visa is not available based on priority date, preference category, and country of birth according to the final action date in effect or
  2. The difference between his or her priority date and the relevant final action date is one year or less (without having to show compelling circumstances).
  • Family members of primary beneficiaries who qualify for this type employment authorization will also be able to apply for EADs.
  • Individuals eligible for this type of employment authorization must be in lawful nonimmigrant status at the time of filing as mentioned above. Once they begin working pursuant to the EAD, these individuals will generally lose their underlying nonimmigrant status as they will no longer be maintaining their nonimmigrant status. These individuals will generally not accrue unlawful presence during the validity of the EAD or during the pendency of a timely filed and non-frivolous application. (See the Clark Hill website for more information about unlawful presence.) Because individuals working pursuant to these EADs will no longer be maintaining their nonimmigrant status, they will not be able to apply for an I-485 Adjustment of Status application in the US once their priority date becomes current; rather, they will need to either apply for a new nonimmigrant status, secure a new visa, and return to the US; or secure their green card through an interview at a consular post abroad. The applicant must have an I-140 approved if they are with a new employer.
  • Clark Hill believes this should be avoided, as it is not very flexible, and is only for applicants who truly need it.

10 and 60 Day Nonimmigrant Grace Period

  • Under the new rule, USCIS may provide grace periods of up to 10 days before a petition validity period begins and up to 10 days after the validity period ends to certain employment-authorized nonimmigrant visa classifications, including E-1, E-2, L-1, and TN classifications.  Similar grace periods are currently available for H-1B, O-1, and P holders (Not H-1B1).
  • Additionally, USCIS may also authorize a grace period of up to 60 days for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications during the period of petition validity. The rule establishes a grace period for up to 60 consecutive days, or until the existing validity period ends, whichever is shorter, for those nonimmigrants that face termination of employment prior to the end of their petition validity period.  The individual may not work during this 60 day validity period and they are only entitled to one grace period during the nonimmigrant validity period. Nonimmigrants are eligible for the 60 day grace period only if they have otherwise maintained their status. Under the prior practice, nonimmigrants are given a 30 day grace period to submit a request to change employer or change status.
  • During either a 10-day or 60-day grace period, a nonimmigrant worker, if otherwise eligible, can be granted an extension of stay or change of status. The nonimmigrant worker may also commence employment under H-1B portability rules, detailed below.
  • Both grace periods are discretionary. The 10 day grace period is only available if the nonimmigrant worker finishes their full status, not if employment ends early.
  • Because the 10 and 60 day grace period are intended to serve the same purpose, a nonimmigrant will not be eligible for both grace periods except in rare cases. For instance, if a nonimmigrant worker was granted a grace period of up to 10 days at the expiration of the validity period at their last admission to the US, and then is terminated in the last 60 days of their employment, USCIS may consider the nonimmigrant in status for up to 60 days preceding the expiration and the nonimmigrant may also us the 10 day grace period after the validity period ends.

H-1B Extensions of Stay Beyond the Six Year Limitation

  • The new rule codifies longstanding policies regarding recapturing time. An H-1B worker can recapture time spent physically outside the US (24 hours) or in another status any time before the foreign worker uses the full period of H-1B admission.
  • The rule also allows certain beneficiaries to obtain H-1B status for a one year time period if 365 days has passed since the filing of a permanent labor certification (PERM) or I-140 form, even if the PERM or I-140 was not filed 365 days or more prior to the end of the 6-year limitation in H-1B status. Workers need not be in H-1B status to take advantage of lengthy adjudication delays; as long as the individual has previously held H-1B status.
  • As stated above, USCIS will no longer automatically revoke an I-140 approval based on employer withdrawal or termination of the employer's business if the petition has been approved for 180 days or more. The approved I-140 petition will generally continue to be valid for H-1B extension purposes. H-1B holders with approved I-140 petitions will generally be eligible for three year increments until the Adjustment of Status is adjudicated.

H-1B Portability

The new rule codifies longstanding polices regarding H-1B portability. Under the rule, H-1B nonimmigrant workers can change jobs or employers upon the filing of a nonfrivolous H-1B petition if:

  • The H-1B nonimmigrant worker was lawfully admitted into the US;
  • Has not worked without authorization after such lawful admission; and
  • Is in H-1B status or in H-1B period of authorized stay.

H-1B portability eligibility ends once the H-1B application is adjudicated. Under the current regulations, H-1B nonimmigrant workers are eligible for up to 240 days of work authorization if they have a timely filed H-1B extension or H-1B transfer pending. Under the new rule, if an H-1B is filed using portability, the H-1B nonimmigrant worker can work the entire time the H-1B is pending - they will no longer be limited to 240 days. The 240 day rule remains unchanged for those who have filed an H-1B extension not using H-1B portability.

EAD Processing Requirements

  • The new rule eliminates the regulatory provision that directs USCIS to adjudicate EAD applications within a 90 day time frame.
  • The new rule adds a provision providing for automatic extension of EADs for up to 180 days for certain workers filing EAD renewal requests if filed timely. These workers include:
  1. Aliens admitted as refugees;
  2. Aliens granted asylum;
  3. Aliens admitted as parents or dependent children of aliens granted permanent residence status under section 101(a)(27)(I) of the Immigration and Nationality Act (INA);
  4. Aliens admitted as citizens of the Federated States of Micronesia, the Marshall Islands, or Palau;
  5. Aliens granted withholding of deportation or removal;
  6. Aliens granted Temporary Protected Status (TPS);
  7. Aliens who have properly filed applications for TPS and have received an EAD as a "temporary treatment benefit";
  8. Aliens who have properly file applications for asylum or withholding of deportation or removal;
  9. Aliens who have filed for adjustment of status under section 245(a) of the INA or section 1104 of the LIFE Act;
  10. Aliens who have filed applications for suspension of deportation under section 244 of the INA, cancellation of removal under section 240A of the INA;, or special rule cancellation of removal under section 309(f)(1) of the IIRAIRA;
  11. Aliens who have filed applications for creation of a record of lawful admission for permanent residence;
  12. Aliens who have properly filed legalization applications under section 210 or 245A of the INA;
  13. Aliens who are the principle beneficiaries or qualified children of approved VAWA self-petitioners; and
  14. This 180 day automatic EAD extension rule does NOT apply, for example, to applications for extensions of H-4 EADs, L-2 EADs, or E visa EADs.
  • Additionally, USCIS is adopting a filing policy that will generally permit the filing of an EAD renewal application up to 180 days before the current EAD expires (except when impracticable).
  • There will not be an automatic grant of Advanced Parole in conjunction with an EAD. USCIS will continue to grant parole only on a case-by-case basis as appropriate.

New AAO NIW Standard

On December 28, 2016, in a precedent decision, the Administrative Appeals Office (AAO), in the Matter of Dhanasar, set forth a new standard for I-140 EB-2 National Interest Waiver (NIW) petitioners. The decision replaces the current standard with a three-part standard to provide clarity and flexibility. According to the decision, USCIS may grant an NIW if the petitioner demonstrates by the preponderance of the evidence that the following three standards are met:

  1. That the foreign national's proposed endeavor has both substantial merit and national importance. This standard can be met by showing that the foreign national's work has national or even global implications within a particular field.  In the decision, the AAO gives an example of how an entrepreneur can meet this standard "an endeavor that has significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area, for instance, may well be understood to have national importance."
  2. That the foreign national is well positioned to advance the proposed endeavor. The second standard asks whether the foreign national has the "education, skills, knowledge and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals." 
  3. That, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.  In this standard, USCIS will evaluate "whether, in light of the nature of the foreign national's qualifications or proposed endeavor, it would be impractical either for the foreign national to secure a job offer or for the petitioner to obtain a labor certification."  

The decision should help entrepreneurs and others who may not have qualified under the NIW standard in the past.


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.

© Clark Hill PLC | Attorney Advertising

Written by:

Clark Hill PLC

Clark Hill PLC 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 (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

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 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 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 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

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:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (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
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit 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 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:

- 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.