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Administrative Procedure Act Immigrants

Jackson Lewis P.C.

Judge Blocks New DOL H-2A Farmworker Visa Rule in 17 States

Jackson Lewis P.C. on

Seventeen states joined in a suit in June to block the Department of Labor (DOL) from enforcing its new rule providing more protections to farmworkers employed as H-2A temporary visa holders. Now, Judge Lisa Godbey Wood of...more

Faegre Drinker Biddle & Reath LLP

Republican State AGs Challenge CMS Rule Redefining 'Lawfully Present' for ACA Eligibility Under Administrative Procedure Act (APA)

On August 8, 2024, thirteen Republican state attorneys general brought suit in the District of North Dakota against the Centers for Medicare & Medicaid Services (CMS) to challenge the agency’s recent rule allowing...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

UB Greensfelder LLP

Fifth Circuit Affirms Ruling to Vacate Obama Administration’s DACA Program

UB Greensfelder LLP on

On October 5, 2022, in a disappointing but not unexpected ruling, the Fifth Circuit affirmed the ruling by a Texas judge that vacated the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program and barred...more

Seyfarth Shaw LLP

Prohibit Regulatory Actions on USCIS Forms

Seyfarth Shaw LLP on

Seyfarth Synopsis: This is the fourth installment in a series of recommendations to the Biden Administration on immigration reform previously published by the Cato Institute in “Deregulating Legal Immigration: A Blueprint for...more

Harris Beach PLLC

Effects of Employment Authorization Processing Delays on Foreign Workers and Companies

Harris Beach PLLC on

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

Kramer Levin Naftalis & Frankel LLP

US District Court Sets Aside Interim Final Rules Affecting H-1Bs Previously Issued by the US Department of Labor and Department of...

On Dec. 1, the United States District Court in the Northern District of California set aside two Interim Final Rules affecting the H-1B program, holding that the Rules were promulgated in violation of the Administrative...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

Proskauer - Proskauer For Good

Proskauer Files Amici Brief in Six Federal Court Litigations Supporting Coalition Led by Justice in Aging

Proskauer serves as outside counsel to a coalition of nine nonprofit organizations—led by Justice in Aging—supporting dozens of states and organizations in their efforts to stay the implementation of the U.S. Department of...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

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