Immigration

  • February 20, 2024

    Permanent Need Dooms Request For H-2B Home Health Aides

    A U.S. Department of Labor appeals board has upheld the rejection of a business's request to hire four home health aides under the H-2B temporary foreign worker program, determining a certifying officer did not act arbitrarily and capriciously in finding the company failed to show its need for workers was temporary.

  • February 20, 2024

    Lack Of Evidence Kills Biz Group's Bid To Hire Foreign Janitors

    A U.S. Department of Labor appeals board shot down a Las Vegas-based Hispanic business group's bid to hire 100 foreign janitors to work during its event season, saying the group failed to hand over evidence to back its seasonal need.

  • February 20, 2024

    GOP Sens. Seek Full Impeachment Trial For Mayorkas

    A group of Senate Republicans made the case on Tuesday that their constitutional duty compels them to hold a full impeachment trial for Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, despite reservations from other Republicans in the Democrat-led Senate.

  • February 16, 2024

    Texas County Says State's Migrant Arrest Law Will Raise Costs

    Texas' Harris County urged a federal court to grant the Biden administration's bid to block an impending state law that would allow Texas to arrest and deport migrants, saying the law, if enforced, would lead to increased jail-related costs.

  • February 16, 2024

    DOL Faulted For Not Explaining Ala. Sonic's H-2B Visa Denial

    A U.S. Department of Labor appeals board has given the operator of an Alabama Sonic Drive-In another chance at temporarily hiring foreign cooks to help out in warm months, ruling that a certifying officer denied an application for the H-2B visa program without a satisfactory explanation.

  • February 16, 2024

    Union Can't Intervene In Fight Over NY Farm Laborers Law

    The United Farm Workers can't intervene in a case over a state law covering protections for agricultural workers, a New York federal judge ruled Friday, saying the union's interests in organizing and upholding the statute won't be harmed.

  • February 16, 2024

    House Lawmakers Unveil $66.3B Military, Border Bill

    A bipartisan group of U.S. House of Representatives lawmakers introduced legislation on Friday that would provide $66.32 billion to support Ukraine, Israel and Taiwan, as well as enact border reforms.

  • February 16, 2024

    Green Card Approvals Sink To All Time Low

    The United States' green card approval rate hit a historic low amid visa caps, with only 3% of those with pending green card applications on track to receive permanent residency in fiscal year 2024, the Cato Institute reported Thursday.

  • February 15, 2024

    GAO Rejects Protests Against ICE Air Charter Deal

    The U.S. Government Accountability Office denied two protests related to the U.S. Immigration and Customs Enforcement solicitation for air charter services for transportation of noncitizens in federal custody, according to two decisions published Thursday.

  • February 15, 2024

    Texas Migrant Arrest Law Needs 'A Lot More Care,' Judge Says

    A Texas federal judge Thursday seemed poised to block a controversial state law that would permit the state to arrest and deport migrants, telling attorneys for the state that the statute may lead to a patchwork of immigration law akin to "the kind of thing the Civil War said you can't do."

  • February 15, 2024

    HHS Watchdog Finds Lax Vetting For Migrant Kid Sponsors

    The U.S. Department of Health and Human Services was lackadaisical in vetting sponsors taking custody of children who migrated to the U.S. alone and did not always do timely safety checks after their release, according to a report Thursday.

  • February 15, 2024

    9th Circ. Unconvinced That Theft Doesn't Warrant Removal

    A Mexican man fighting deportation after he was convicted of robbery couldn't convince the Ninth Circuit that the state robbery law supporting his conviction was too broad to force his removal.

  • February 15, 2024

    ICE Reaches Settlement Over Mistaken Raid On Couple

    The government has reached a settlement with an elderly Boston woman and the estate of her longtime partner over a mistaken 2019 U.S. Immigration and Customs Enforcement raid on their apartment by agents who had the wrong address for a suspect, according to a Thursday court filing.

  • February 14, 2024

    NY Judge Sends Migrant Busing Suit Back To State Court

    A state court will hear the New York City social services commissioner's $708 million lawsuit seeking to hold charter companies liable for Texas' migrant busing policies, after a New York federal court ruled Wednesday that the case does not raise federal questions.

  • February 14, 2024

    GOP Senator Wants Confirmation Hearing On Labor Secretary

    Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.

  • February 14, 2024

    Investors Urge Prison As Developers Seek More Briefing Time

    Two real estate developers on Wednesday asked for more time to respond to EB-5 investors' request that they be imprisoned for hiding their money instead of paying overdue settlements and sanctions judgments, telling an Illinois federal judge their attorney wrote down the court's deadline incorrectly.

  • February 14, 2024

    House Rep. Green Plans Retirement After Mayorkas Fight

    Rep. Mark Green, R-Tenn., chair of the U.S. House Committee on Homeland Security, said Wednesday evening he will not seek reelection, an announcement that comes one day after he led the impeachment of the U.S. Department of Homeland Security secretary.

  • February 14, 2024

    DHS Warns Of Reduced Operations With Budget Shortfall

    The U.S. Department of Homeland Security is warning it may have to pare back border security initiatives and removal procedures, while green card and asylum backlogs worsen, if Congress doesn't provide additional funding, per a Wednesday email to Law360.

  • February 14, 2024

    Va. Farms Settle H-2A Workers' Allegations Of OT Violations

    A wage dispute lodged by two Mexican farmworkers who accused a Virginia agricultural association and two farms of cheating them and other temporary agricultural workers out of over $2.5 million in overtime pay is now settled, the parties said Wednesday.

  • February 14, 2024

    Deputy AG Warns Of Harsher Penalties For Crimes Aided By AI

    Deputy Attorney General Lisa Monaco on Wednesday said the U.S. Department of Justice will seek harsher penalties for crimes committed with the aid of artificial intelligence, calling the technology a "double-edged sword" that can be exploited by criminals but utilized by prosecutors with the right controls in place.

  • February 14, 2024

    DOL Extends Deadline For Input On Foreign Worker Jobs

    The U.S. Department of Labor said Wednesday that it is giving the public more time to provide comments on its plan to expand its list of occupations eligible for employment-based green cards based on domestic worker shortages.

  • February 14, 2024

    NY Immigrant Settles Green Card Case Alleging Atty Fraud

    A New York resident has reached an agreement with several immigration officials concerning the denial of his green card application on fraud grounds, which he blamed on a consultancy firm and a disbarred attorney, according to a stipulation of dismissal filed in New York federal court.

  • February 14, 2024

    Fox Rothschild Blasts 'Chicanery' Suit As Bid For 'Payday'

    Fox Rothschild LLP ripped into a malpractice lawsuit by two men alleging the firm mishandled their immigration matters as "chicanery" in pursuit of a payout from the firm and urged a New Jersey federal court to dismiss their second amended complaint with prejudice.

  • February 13, 2024

    House GOP Passes Measure To Impeach DHS Secretary

    The U.S. House of Representatives voted Tuesday in favor of impeaching Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, over claims of "willful and systemic refusal to comply with the law" and "breach of public trust" for his management of the southern border, after a failed attempt last week.

  • February 13, 2024

    3rd Circ. Says Evidence Overlooked In Somali's Torture Claims

    The Third Circuit on Tuesday revived a Somali man's deportation relief bid based on claims he'd likely be tortured for returning to Somalia from the U.S. and for belonging to a minority group, ruling that an immigration judge ignored evidence of his risks.

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Expert Analysis

  • 5 Gen X Characteristics That Can Boost Legal Leadership

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    As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

  • 6 Questions For Boutique Firms Considering Mergers

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    To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

  • Immigration Considerations For Employers Planning Layoffs

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    Employers facing layoffs or wage reductions should take specific steps to identify immigration-related compliance obligations, reduce the impact on foreign national employees' status and protect the company's immigration and mobility program overall, say attorneys at Quarles & Brady.

  • 5 Tips For Adding Value To Legal Clients' Experience In 2023

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    Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.

  • Wage Transparency Laws Create Labor Cert. Hurdles

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    A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.

  • 6 Ways To Avoid Compounding Errors When Practicing Law

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    For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.

  • What Will Keep Legal Talent Professionals Up At Night In 2023

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    Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2022

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.

  • What 3 Legal Industry Trends From 2022 Mean For Next Year

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    Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.

  • Learning From This Year's Legal Industry Discrimination Suits

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    To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.

  • Series

    The Future Of Legal Ops: AI Has Important Role To Play

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    Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.

  • 4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY

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    With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.

  • Opinion

    Increasing Law Firm Polarization Will Degrade Rule Of Law

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    As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.

  • How To Deal With Difficult Clients, Practically And Ethically

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    Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.

  • Opinion

    Federal Courts Should Adopt Supreme Court's Amicus Stance

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    The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.

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