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Immigration

  • May 13, 2015

    House Panel OKs Bill Streamlining FOIA Requests To DHS

    A House Homeland Security subcommittee approved a bill Wednesday aimed at increasing transparency and efficiency for Freedom of Information Act records requests to the U.S. Department of Homeland Security, which is currently struggling with a massive FOIA backlog that largely concerns immigration matters.

  • May 13, 2015

    Immigrant Workers Group Pushes For Sanctions In RICO Row

    Lawyers who filed a Racketeer Influenced and Corrupt Organizations Act lawsuit against an New York association that fights for the rights of immigrant workers should be sanctioned for "abdication of their duty as officers of the court," the group claimed Tuesday.

  • May 13, 2015

    8th Circ. Urged To Bury H-2B Carnival Workers' Wage Row

    Deggeller Attractions Inc. pressed the Eighth Circuit on Monday to reject an appeal by carnival workers it hired under the H-2B visa program to revive a suit alleging their employer breached its contractual promise to pay the prevailing wage, saying a judge correctly ruled that no contract existed.

  • May 13, 2015

    Q&A With Honigman Miller's Carol Friend

    Studies have shown that over 75 percent of patents received by the top 10 patent-generating universities in the U.S. include at least one foreign national inventor. Are these really the people we want to send abroad because they didn’t win an arbitrary lottery? asks Carol Friend of Honigman Miller Schwartz and Cohn LLP.

  • May 12, 2015

    Executive Director Of AILA To Retire This Summer

    The American Immigration Lawyers Association confirmed Tuesday that Executive Director Crystal Williams will retire this summer after spending over five years in the role, prompting several immigration attorneys to praise Williams’ efficiency, tact and ability to guide AILA into the digital age.

  • May 12, 2015

    Sens. Express Concern Over New Plan To Process DACA Apps

    Two Senate committee chairs expressed concern Tuesday over a U.S. Citizenship and Immigration Services plan to process Deferred Action for Childhood Arrivals applications through an electronic system already hampered by problems, saying it could increase the risk of fraud and national security threats.

  • May 12, 2015

    Feds Want Chinese Mine Investors' Visa Suit Cut In Half

    The federal government told a D.C. federal court Monday that half of the dozens of Chinese nationals who poured millions of dollars into an Idaho mining operation should be cut from a suit that claims the government improperly denied their petitions for investor visas.

  • May 12, 2015

    9th Circ. To Rehear Car Theft Deportation Case

    The Ninth Circuit Friday granted the federal government’s request to rehear a decision that a California car theft conviction is not a crime of moral turpitude and that the Board of Immigration Appeals erred in finding a Mexican immigrant ineligible for cancelation of removal.

  • May 12, 2015

    DHS Urges Court To Chuck Suit Over New H-4 Work Rule

    The U.S. Department of Homeland Security asked a D.C. federal court Monday to toss a suit challenging a new rule allowing certain spouses on H-4 visas to work, saying the group of computer workers bringing the case hasn’t shown a “scintilla” of evidence to support their claim that they’ve been injured.

  • May 12, 2015

    BIA Reverses Stance, Loosens Inadmissibility Waiver Rule

    The Board of Immigration Appeals held Tuesday that an immigrant who didn't gain a green card until after entering the country isn’t blocked from seeking an inadmissibility waiver over an aggravated felony conviction, reversing previous case law and granting a win to a Chinese national convicted of assault.

  • May 12, 2015

    Tech Co. Says Foreign Worker's High Wages Nix FLSA Claim

    Global Data Solutions Inc. urged an Illinois federal judge Monday to throw out a potential class action alleging the technology company underpaid foreign guest workers, saying the plaintiff’s own admissions about his pay doomed his claim under the Fair Labor Standards Act.

  • May 12, 2015

    Q&A With Maggio & Kattar's Kimberley Robidoux

    The U.S. Citizenship and Immigration Services' treatment of the L-1B classification is a mutilation of the intent of this intracompany transferee visa classification. The USCIS has wreaked havoc on this process for the past several years and the proposed policy memorandum only makes it worse, says Kimberley Robidoux of Maggio Kattar Nahajzer & Alexander PC.

  • May 11, 2015

    AILA Bothered By New L-1B Adjudications Guidance

    The American Immigration Lawyers Association said it’s worried new guidance on L-1B visas for intracompany transfers lacks a clear, reliable outline for adjudications, offering a slew of recommendations Friday such as rigorous, real-world training for U.S. Citizenship and Immigration Services adjudicators.

  • May 11, 2015

    EB-5 Program May Prove Fertile Ground For Lawsuits

    A recent suit alleging that some EB-5 applications were improperly delayed based on a regional center's ties to Iran may be a harbinger of increased litigation over the program, spurred by growing scrutiny of the visa category and a policy landscape that is problematic for immigrant investors, attorneys say.

  • May 11, 2015

    Auto Parts Co. Says Worker In Visa Suit Is Clearly An Exec

    A unit of Chinese auto parts maker THB International Ltd. on Friday criticized immigration authorities who denied its employee’s visa petition, saying any “reasonable mind” would conclude the man was an executive while working overseas.

  • May 11, 2015

    DOJ Judge Revives Bid For Labor Cert. For 200 Farmworkers

    A U.S. Department of Labor judge on Friday revived a bid for temporary labor certification of 200 farmworkers under the H-2A visa program, saying that a certifying officer incorrectly failed to acknowledge receipt of an original surety bond and didn't give the employer a chance to fix another deficiency in the application.

  • May 11, 2015

    5th Circ. Told Obama Abdicated Oath With Executive Actions

    State Legislators for Legal Immigration filed an amicus brief Monday in the appeal over executive actions on immigration at the Fifth Circuit, saying that President Barack Obama has unilaterally rewritten long-standing federal immigration law in a “stunning abdication” of the oath he took to faithfully execute the law.

  • May 11, 2015

    BALCA Nixes Certification Denial For 45 Crawfish Workers

    A Louisiana crawfish processing company will be able to hire 45 temporary foreign employees after a federal appeals board determined Friday they were wrongfully denied.

  • May 11, 2015

    Software Contractor To Pay $9M To Settle DOJ Charges

    A bankrupt Virginia contractor has agreed to pay $9 million to resolve civil claims that it hid its use of foreign workers and other employees prohibited from working on government contracts, the U.S. Department of Justice announced.

  • May 11, 2015

    Cuomo Orders Protections For Nail Salon Workers

    New York Gov. Andrew Cuomo on Sunday announced emergency measures to put an end to wage theft and improve workplace safety in the nail salon industry, following a damning report that said the industry often exploits immigrant employees who are unaware of their rights.