News & Analysis as of

Administrative Procedure Act United States Citizenship and Immigration Services

Tarter Krinsky & Drogin LLP

Recent Supreme Court Decisions Overturning Deference to Administrative Agencies Could Impact Future Immigration Law

Two decisions issued recently by the Supreme Court will impact the administrative state, and immigration laws specifically, by transferring administrative authority to the federal courts. In Securities and Exchange...more

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

Beltway Buzz - October 2023 #4

Fourth Time’s a Charm. After three-plus weeks and three failed nominees, on October 25, 2023, the U.S. House of Representatives elected Mike Johnson (R-LA) to be the Speaker of the House by a vote of 220–209. Johnson, the...more

Jackson Lewis P.C.

DACA Final Rule is Unlawful, Judge Says

Jackson Lewis P.C. on

In the latest decision in the Deferred Actions for Childhood Arrivals (DACA) saga, Judge Andrew Hanen in the Southern District of Texas has found that the new DACA Final Rule issued by the Biden Administration was unlawful....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

Constangy, Brooks, Smith & Prophete, LLP

Court upholds USCIS regulation requiring amended petition for change in location

The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more

Holland & Knight LLP

Religious Institutions Update: March 2023

Holland & Knight LLP on

Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more

Mintz - Immigration Viewpoints

USCIS Agrees to Bundle Adjudications of H-4 & L-2 Spousal Extensions and EAD Applications with H-1B & L-1 Principals

On January 20, 2023, as part of a settlement agreement with the plaintiffs in Edakunni v. Mayorkas, USCIS agreed to adjudicate Forms I-539 and I-765 for extensions of H-4 and L-2 spouses and employment authorization documents...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

Holland & Knight LLP

Religious Institutions Update: February 2022

Holland & Knight LLP on

Religious Exemption to States' Mandatory Vaccination Statute Not Necessary In Does 1-6 v. Mills, No. 1:21-cv-00242, 2021 WL 4783626 (D. Me. Oct. 13, 2021), the court denied injunctive relief to plaintiff healthcare workers...more

Bradley Arant Boult Cummings LLP

UnDACAmented: Protections for Dreamers in Peril

A federal district court in Texas recently struck down the Deferred Action for Childhood Arrivals program – known commonly as DACA – holding that the program was improperly implemented by the former Obama administration and,...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

Miles & Stockbridge P.C.

New Regulation Replaces H-1B Random Selection with Wage-Based Selection

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random...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

Harris Beach PLLC

Recent H-1B Restrictions Overturned by Federal Court

Harris Beach PLLC on

On December 1, 2020, the U.S. District Court for the Northern District of California issued a decision overturning two recent Interim Final Rules promulgated by the U.S. Department of Labor (DOL) and U.S. Department of...more

Jackson Lewis P.C.

Judge Vacates Public Charge Rule But Seventh Circuit Stays The Order

Jackson Lewis P.C. on

The U.S. Seventh Circuit Court of Appeals issued an administrative stay a day after a federal district court held the Public Charge Rule violated the Administration Procedures Act (APA) and issued summary judgment in favor...more

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

DHS Issues Interim Final Rule Defining Key Practices for Adjudicating H-1B Third-Party Placement Petitions

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” which will become effective December 7, 2020. This rule...more

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

DHS Issues Interim Final Rule to Restrict Requirements for H-1B Visa Classification

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its long-speculated interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program.” According to the interim final rule’s...more

Jackson Lewis P.C.

Judge Stops USCIS Fee Rule From Going Into Effect

Jackson Lewis P.C. on

A federal judge in California has enjoined the USCIS’ new fee rule just a little more than a day before petitions and applications had to be postmarked. Judge Jeffrey S. White’s decision in Immigrant Legal Resource Center v....more

Jackson Lewis P.C.

Proposed Rule Would Replace Duration Of Status Policies For International Students

Jackson Lewis P.C. on

Foreign students soon may find themselves subject to new policies and processes regarding their status in the United States. U.S. Immigration and Customs Enforcement (ICE) has released for comment its proposed rule...more

Jackson Lewis P.C.

New Rule Likely Intended To Formalize Onerous H-1B Requirements

Jackson Lewis P.C. on

The “Strengthening the H-1B Nonimmigrant Visa Classification Program” rule has been submitted to the Office of Information and Regulatory Affairs (OIRA) for review and could be published by the end of the year – or earlier....more

Seyfarth Shaw LLP

Dreamers Face DACA Reboot

Seyfarth Shaw LLP on

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

Epstein Becker & Green

August 2020 Immigration Alert

Epstein Becker & Green on

USCIS Will Increase Filing Fees as of October 2, 2020 - On July 31, 2020, the U.S. Citizenship and Immigration Service (“USCIS”) announced it will increase filing fees effective October 2, 2020. The fee increases will...more

Clark Hill PLC

Supreme Court Ruling Could Impact the Future of DACA

Clark Hill PLC on

On June 18, 2020, the US Supreme Court ruled that the Trump Administration's termination of the Deferred Action for Children Arrivals (DACA) program violated Federal law....more

Sheppard Mullin Richter & Hampton LLP

What Does the Supreme Court DACA Decision Mean for DACA Employers and Employees?

Court Decision - On June 18, 2020, the U.S. Supreme Court ruled that the U.S. Department of Homeland Security (DHS) decision in 2017 to rescind the Deferred Action for Childhood Arrivals (DACA) program violated the...more

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