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Administrative Procedure Act United States Citizenship and Immigration Services Department of Homeland Security (DHS)

Seyfarth Shaw LLP

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

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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 Some F-1 visas and SEVIS records have been rescinded or...more

WilmerHale

Ruling Shows High Court Willing To Limit Immigration Review

WilmerHale on

In the last five years, the U.S. Supreme Court has decided several cases involving the limits on federal appellate review of immigration agency decisions, turning out an average of a decision per year. Originally published...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

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

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

Harris Beach Murtha PLLC

Recent H-1B Restrictions Overturned by Federal Court

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

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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

Seyfarth Shaw LLP

Dreamers Face DACA Reboot

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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

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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

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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

Dickinson Wright

The DACA Decision – Supreme Court’s Ruling Provides Temporary Uncertain Relief

Dickinson Wright on

The Trump administration has already announced its goal to end the Deferred Action for Childhood Arrivals (DACA) policy commenced on June 15, 2012 by President Obama within the next six months post the decision of the U.S....more

Morgan Lewis

US Supreme Court Blocks DACA Rescission, for Now

Morgan Lewis on

In a landmark 5–4 decision issued June 18, the US Supreme Court held that the Department of Homeland Security’s rescission of the Deferred Action for Childhood Arrivals (DACA) program was unlawful agency action....more

Seyfarth Shaw LLP

A Win for Dreamers: Supreme Court Rejects Bid to end DACA

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Seyfarth Synopsis: The Supreme Court allows DACA to proceed on the grounds that DHS did not meet the regulatory Administrative Procedures Act requirements in rescinding the program. The Court did not rule on the legality of...more

Akin Gump Strauss Hauer & Feld LLP

U.S. Supreme Court Rules that Trump Administration’s Rescission of DACA Was Unlawful

- The U.S. Supreme Court held that the Trump administration did not properly terminate the DACA program under the APA. - The DACA program is restored to its full form, as it existed prior to the rescission in 2017. -...more

Miles & Stockbridge P.C.

Supreme Court Blocks Trump Administration’s Attempt to Rescind DACA Protections for Dreamers

On Thursday, June 18, the Supreme Court rejected the Trump Administration’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program for undocumented immigrants brought to the country as children, known as...more

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

DACA Survives: SCOTUS Blocks Trump Administration Bid to End Deferred Action for Childhood Arrivals Program

On June 18, 2020, the Supreme Court of the United States issued its decision in DHS v. Regents of the University of California, No. 18-587, effectively blocking the U.S. Department of Homeland Security’s (DHS) attempt to end...more

Dorsey & Whitney LLP

The Supreme Court - June 18, 2020

Dorsey & Whitney LLP on

Department of Homeland Security v. Regents of Univ. of Cal., No. 18-587; Trump v. NAACP, No. 18-588; Wolf v. Vidal, No. 18-589: In 2012, the Department of Homeland Security (“DHS”) announced the Deferred Action for Childhood...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS Allows The DACA Program To Continue—For Now

The U.S. Supreme Court blocked the rescission of the Deferred Action for Childhood Arrivals program on June 18, 2020, finding that the Department of Homeland Security’s actions in retracting the immigration relief program...more

McGuireWoods LLP

U.S. Supreme Court Determines Action to Rescind DACA was Arbitrary and Capricious

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On June 18, 2020, the U.S. Supreme Court issued a long-awaited decision regarding the Department of Homeland Security’s (“DHS”) choice to rescind the immigration program Deferred Action for Childhood Arrivals (“DACA”). The...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Department of Homeland Security v. Regents of the University of California

On June 18, 2020, the U.S. Supreme Court decided Department of Homeland Security v. Regents of the University of California, holding that the Department of Homeland Security’s rescission of Deferred Action for Childhood...more

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