Immigration

  • June 1, 2017

    EOIR Lags On Open Cases And Hiring Judges, Report Says

    The number of unresolved immigration cases more than doubled to 437,000 between 2006 and 2015 as the Executive Office for Immigration Review fell behind on filling open judge slots and developing effective workforce plans, the U.S Government Accountability Office said Thursday.

  • June 1, 2017

    Extensive Questioning For Some Visa Applicants Approved

    The Trump administration has signed off on a new detailed questionnaire for visa applicants worldwide that calls for data such as their social media user names and 15 years' worth of travel, employment and other biographical information.

  • June 1, 2017

    Tech Co. Freezes Partnership Changes In $49M USCIS Deal

    A U.S. Citizenship and Immigration Services technology contractor has won a temporary freeze of its partner’s attempted changes to a $49 million tech support contract from the agency, as a Virginia federal judge considers allegations that one tried to ice the other out of the remainder of the work.

  • May 31, 2017

    9th Circ. Rules Against Immigrant In 'Drunkard' Case

    An en banc Ninth Circuit ruled Tuesday against a Mexican immigrant fighting deportation, saying the record “amply” supported a finding that he was a “habitual drunkard” even though a previous panel had deemed the provision unconstitutional.

  • May 31, 2017

    Iranian National Challenges USCIS Investor Visa Denial

    An Iranian national demanded in D.C. federal court Tuesday that U.S. Citizenship and Immigration Services reconsider her petition for an investor visa leading to permanent resident status, alleging that she had complied with the visa requirements by investing $500,000 in a Washington state hotel project and was nevertheless wrongly denied.

  • May 31, 2017

    USCIS Clarifies School Criteria For H-1B Master's Cap Apps

    U.S. Citizenship and Immigration Services released a new policy memo Wednesday clarifying, through an adopted decision, that to be eligible for an H-1B cap exemption based on a master’s degree, the school involved has to have been a U.S. “institution of higher education” when the degree was earned.

  • May 31, 2017

    Minn. Gov. Vetoes Legislative Funding In Tax Cut Fight

    Minnesota’s government is set for a showdown after the governor on Tuesday vetoed the portion of the state’s $46 billion budget that funds the state Legislature in a dispute over spending, tax cuts and driver's licenses for undocumented immigrants.

  • May 31, 2017

    ICE Urged To End Arbitrary Detention For Asylum Seekers

    More than 200 organizations and advocates urged U.S. Immigration and Customs Enforcement on Wednesday to halt arbitrary parole and bond denials to asylum seekers in detention, which they say have proliferated since President Donald Trump issued his executive orders on immigration.

  • May 31, 2017

    OCAHO Judge Named Acting Director Of EOIR

    A judge who was appointed in late 2016 to the Office of the Chief Administrative Hearing Officer has been named acting director of the Executive Office for Immigration Review, the U.S. Department of Justice announced Tuesday, following the resignation of the agency’s former director.

  • May 30, 2017

    Justices Stand By Categorical Approach In Sex Abuse Case

    With its unanimous decision Tuesday that a victim has to be younger than 16 years old for a statutory rape violation to count as “sexual abuse of a minor” under immigration law, the high court has doubled down on its commitment to the categorical approach, experts say.

  • May 30, 2017

    Feds Blast Ex-Tenet Exec's Bid To Nix Fraud Charges

    The U.S. government on Friday defended an indictment against a former Tenet Healthcare Corp. executive accused of running a $400 million scheme to bribe clinics serving pregnant unauthorized immigrants to refer patients to Tenet hospitals, telling a Florida judge it properly charged a criminal offense.

  • May 30, 2017

    DOJ Asks High Court To Nix S. Korean's Removal Dispute

    The U.S. Department of Justice asked the U.S. Supreme Court to deny a South Korean national's petition to review the Eleventh Circuit’s ruling that it did not have the authority to reconsider a Board of Immigration Appeals decision not to reopen her removal proceedings, asserting that she had no right to reopen her case because it was at the broad discretion of the board.

  • May 30, 2017

    Even 'Good Hombres' Not Safe From Removal: 9th Circ. Judge

    A Ninth Circuit judge on Tuesday harshly criticized the Trump administration’s immigration policies while acknowledging the court could not bar the removal of a Mexican native, saying that deporting the entrepreneur and father of three demonstrates that “even the ‘good hombres’ are not safe.”

  • May 30, 2017

    Gov’t Sued By Army Reservists Seeking Citizenship

    The U.S. government is unlawfully delaying naturalization applications from noncitizen Army reservists, participants in an Army program offering an expedited path to citizenship in exchange for military service have told a D.C. federal court.

  • May 30, 2017

    Split 1st Circ. Grants Review For Guatemalan Seeking Asylum

    A divided First Circuit granted the review on Friday of an asylum bid by a Guatemalan national who says he would be tortured because of his political involvement if he returned to his home country, ruling that the Board of Immigration Appeals erred in analyzing whether the man could reasonably relocate within the country.

  • May 30, 2017

    High Court Rules For Immigrant In Underage Sex Case

    The U.S. Supreme Court ruled on Tuesday that for a statutory rape violation to count as “sexual abuse of a minor” under immigration law based only on the age of the parties, the victim has to be younger than 16, ruling for an immigrant who had consensual sex with his 16-year-old girlfriend when he was 20.

  • May 29, 2017

    The Firms That Lost The Most Ground In 2016

    Four firms saw their roster of U.S.-based attorneys shrink by more than 10 percent last year, according to the latest Law360 400. In some cases, a dramatic exodus can be devastating, but experts say there can also be a silver lining.

  • May 29, 2017

    Law360 Reveals 400 Largest US Firms

    The Law360 400 features the largest U.S.-based law firms and vereins with a U.S. component, as measured by domestic attorney headcount.

  • May 29, 2017

    The Firms That Grew Fastest Without Merging

    Often with one hire at a time, five firms drove double-digit growth last year, according to the latest Law360 400. Here’s how they added headcount without putting their culture at risk.

  • May 29, 2017

    Biggest US Firms Opt For Modest Growth In Sluggish Market

    In a highly competitive legal market, U.S. law firms on average appear to be leaning on a strategy of slow-but-steady growth as they continue to adjust to sluggish demand for legal services, according to the latest Law360 400.

Expert Analysis

  • Employers Can Anticipate Aggressive H-1B Inquiries

    Elizabeth Espín Stern

    U.S. Citizenship and Immigration Services announced Tuesday that it will launch multiple additional measures to combat H-1B visa fraud and abuse. The agency’s emphasis on potential wage disparities, misrepresented job duties or locations, and experience shortfalls signify a notable departure from the more straightforward audits USCIS has conducted in the past, say attorneys with Mayer Brown LLP.

  • Lateral Partner Hiring: Time To Look In The Mirror

    Howard Flack

    The surveys that report lateral partner hiring as more or less a 50-50 proposition keep being published, and yet the lateral partner market is as robust as ever. So, what are firms looking at to measure their success and justify the level of investment they continue to make in the lateral market? asks Howard Flack of Volta Talent Strategies LLC.

  • USCIS Targets 'Computer-Related' H-1B Positions

    Melissa Winkler

    A recent memo from U.S. Citizenship and Immigration Services that rescinds its 2000 "Guidance memo on H-1B computer-related positions" indicates that USCIS is attempting to eliminate usage of the Level 1 designation and raise wages and skill levels of foreign nationals entering the U.S., says Melissa Winkler of Fakhoury Law Group.

  • Opinion

    Untold Stories: Trump's Budget Would Silence Legal Services

    Kevin Curnin

    President Trump's draft budget proposes total defunding of the Legal Services Corporation. Yet leaders of over 160 of the nation's top law firms and 185 general counsel from leading corporations, who make their living at the intersection of business and law, make the case that destroying the LSC is bad for both, says Kevin Curnin of the Association of Pro Bono Counsel.

  • In Congress: Gorsuch And The 'Nuclear Option'

    Richard Hertling

    There remain institutional voices seeking to avoid a showdown over the nomination of Judge Neil Gorsuch, but for now it is likely that by the end of the week the nation will have a new member of the U.S. Supreme Court and the Senate minority will have lost another tool, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • A Law Firm’s Guide To Social Media

    Julie Bagdikian

    Bear in mind that the internet seldom forgets and never forgives, and you are just one screen grab from a meme. A law firm's core messages and unique selling points must be clearly determined before embarking on a social media strategy, says Julie Bagdikian of The Pollack PR Marketing Group.

  • Calif. Bill Puts Employers In Middle Of Immigration Debate

    Benjamin M. Ebbink

    It was anticipated that the California Legislature would respond to the Trump administration to address issues impacting immigrant workers. With the recent introduction of Assembly Bill 450 we now have a clear sense of what that response will look like, says Benjamin Ebbink of Fisher Phillips.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • Delays And Uncertainty Surround Trump's Latest Travel Ban

    Maria Fernanda Gandarez

    As the constitutionality of President Donald Trump's latest immigration-related executive order is pending, the administration is cracking down on immigration benefits more generally, and employers may want to exercise extreme caution before having nationals of the EO's six designated countries travel internationally, say Maria Fernanda Gandarez and Matthew Kolodziej of Ogletree Deakins Nash Smoak & Stewart PC.