News & Analysis as of

Administrative Procedure Act Foreign Nationals

Jackson Lewis P.C.

Federal Court Enjoins DHS’s Revocation of Harvard’s Ability to Enroll International Students

Jackson Lewis P.C. on

On May 22, 2025, Secretary of Homeland Security Kristi Noem ordered the Department of Homeland Security (“DHS”) to terminate Harvard University’s Student and Exchange Visitor Program (“SEVP”) certification for alleged...more

Seyfarth Shaw LLP

Termination of TPS for Afghans Effective July 14, 2025: Implications and Legal Challenge

Seyfarth Shaw LLP on

The U.S. Department of Homeland Security (DHS), under Secretary Kristi Noem, has announced the termination of Temporary Protected Status (TPS) for Afghan nationals residing in the United States. The notice of termination,...more

Seyfarth Shaw LLP

The New Risk for Global Talent: F-1 SEVIS Terminations and Student Visa Revocations

Seyfarth Shaw LLP on

Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in...more

Gibney Anthony & Flaherty, LLP

What Student Visa Holders and Employers Need to Know About Recent Student Visa Rescissions and Increased Scrutiny

The Department of State (DOS) has recently increased scrutiny of existing student visa holders and those requesting new student visas at U.S. consulates abroad. Some F-1 visas and SEVIS records have been rescinded or...more

Jackson Lewis P.C.

Judge Blocks DHS Secretary Noem’s Termination of Venezuelan TPS

Jackson Lewis P.C. on

Recission of Temporary Protected Status (TPS) for approximately 350,000 Venezuelans has been halted temporarily. U.S. District Court Judge Edward Chen’s Order applies to Venezuelans who registered for TPS under the Oct. 3,...more

Jackson Lewis P.C.

Two Lawsuits Challenge Trump Administration’s Termination of Venezuela TPS

Jackson Lewis P.C. on

Advocacy groups and Venezuelan immigrants have filed suit in federal courts over terminated removal protections for Venezuelans in the United States. On Feb. 19, 2025, the National TPS Alliance, an advocacy group for...more

Epstein Becker & Green

Post-Chevron, Agency Challenges Aren’t Always a Slam Dunk

Epstein Becker & Green on

In its first merits decision this term, the Supreme Court provided a straightforward application of textualism to demonstrate that in cases challenging administrative action under the Administrative Procedure Act (APA),...more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

Jackson Lewis P.C.

H-1B Update: Suspecting Fraud, USCIS Challenges, Denies Some Petitions, and Foreign Nationals Sue

Jackson Lewis P.C. on

USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted...more

Mintz - Immigration Viewpoints

USCIS Increases Automatic Extension Period of Employment Authorization Document (EAD) Work Permits for Certain Applicants

U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for Employment Authorization Documents (EADs) available to certain EAD renewal applicants....more

Harris Beach Murtha PLLC

Effects of Employment Authorization Processing Delays on Foreign Workers and Companies

In December 2020, we reported on the pandemic’s adverse effects on United States Citizenship and Immigration Services (USCIS) and how the nearly four-month office closure of Application Support Centers (ASCs) and Field...more

WilmerHale

COVID-19: Trump Administration Continues Suspension of Immigration and Work Visas

WilmerHale on

With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more

Fox Rothschild LLP

F, J, And M Nonimmigrant Unlawful Presence Memorandum Update

Fox Rothschild LLP on

A recent federal district court decision from the Middle District of North Carolina has blocked the U.S. Department of Homeland Security from enforcing its 2018 Memorandum on F, J, and M Nonimmigrant Unlawful Presence...more

Jackson Lewis P.C.

Federal Judge Blocks Enforcement Of DHS’ “Unlawful Presence” Calculation

Jackson Lewis P.C. on

International students at U.S. colleges and universities can feel a bit more secure now that a federal district court judge in North Carolina has permanently enjoined the government from enforcing its 2018 Policy Memorandum...more

Amundsen Davis LLC

U.S. Citizenship And Immigration Services Policy Challenged On Third-Party Worksites

Amundsen Davis LLC on

A U.S. Citizenship and Immigration Services (USCIS) memorandum-issued policy is at the heart of a court case challenging recent H-1B visa denials. The “Contracts and Itineraries Requirements for H-1B Petitions Involving...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

Harris Beach Murtha PLLC

Update on Status of Entrepreneurial Parole Program for Foreign Entrepreneurs

On January 17, 2017, the Department of Homeland Security (DHS) published a final rule establishing a parole program for international entrepreneurs seeking to improve the ability of certain startup founders to remain in the...more

Littler

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Franczek P.C.

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

Franczek P.C. on

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

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