Immigration

  • December 13, 2016

    The Trump Era Could Mean Big Changes For Biz Immigration

    Donald Trump’s campaign rhetoric often focused on a border wall, but major immigration changes could be on the horizon for businesses under the new administration, including a higher prevailing wage for H-1B visas, workplace raids and changes to visas under NAFTA, according to attorneys. Here are a few key business immigration moves to watch out for under the new administration.

  • December 13, 2016

    Ex-Workers Hit Disney With National Origin, Race Bias Suit

    Thirty former Disney workers sued the company Monday over alleged national origin and race discrimination, claiming in Florida federal court that they were unfairly replaced by Indian nationals.

  • December 13, 2016

    Ineffective Counsel Shouldn't Lead To Removal, Justices Told

    Two Mexican natives who were ordered to be deported have urged the U.S. Supreme Court to hear their case so it can rule on whether they failed to exhaust their administrative issues before the Board of Immigration Appeals after allegedly receiving inadequate legal counsel.

  • December 13, 2016

    7th Circ. Won't Rethink Work-Visa Ruling

    The Seventh Circuit has refused to reconsider its ruling that the federal government must give an immigrant’s new employer notice and a chance to respond when it's considering revoking a petition for permanent resident status filed by the worker's previous employer.

  • December 13, 2016

    Boston Taxi Mogul Dodges Prison For Avoiding Taxes

    The man who once controlled Boston's largest fleet of taxis will serve 18 months of probation in a halfway house, avoiding prison after his guilty plea for tax evasion and employing undocumented workers.

  • December 13, 2016

    Pa. Restaurant Owner Charged With Harboring Immigrants

    A federal grand jury has indicted a Pennsylvania restaurant owner on charges that he harbored and transported immigrants unauthorized to be in the U.S. so they could work in his steakhouse, according to an announcement by federal prosecutors.

  • December 13, 2016

    Trump Taps Exxon CEO For Secretary Of State Post

    President-elect Donald J. Trump on Tuesday officially tapped Exxon Mobil Corp. CEO Rex Tillerson to serve as U.S. secretary of state, but Tillerson's path to confirmation could be derailed by the oil executive's close ties with Russia, even more so than accusations that Exxon covered up its knowledge of climate change.

  • December 12, 2016

    Job Rejection Over Salary Hopes Sinks Labor Cert. At BALCA

    The Board of Alien Labor Certification Appeals has affirmed the denial of a certification to hire a foreign worker as a business development manager, finding that the would-be employer, a California-based technology company, unlawfully rejected a U.S. applicant because of his salary expectations.

  • December 12, 2016

    DHS, USCIS Sued Over Delay In EB-5 Processing Times

    U.S. Citizenship and Immigration Services has unfairly delayed an application by an EB-5 investor center to add a Washington, D.C., apartment complex to a list of approved projects, a private equity company alleged in a lawsuit filed Friday.

  • December 12, 2016

    Trump Names Gen. Kelly To Head DHS, Advocates Worried

    President-elect Donald J. Trump on Monday officially nominated Gen. John Kelly to serve as secretary of the U.S. Department of Homeland Security, saying his decades of military service and deep commitment to fighting the terrorism threat inside the nation’s borders make him ideal, while immigrants’ rights advocates say otherwise.

  • December 12, 2016

    EB-5 Fraudster Urges Ill. Judge To Bypass Prison Time

    A Chicago-area man who pled guilty to charges he used the EB-5 visa program to persuade nearly 300 Chinese nationals to invest nearly $160 million in a fake convention center and hotel project near the city urged an Illinois federal judge Friday not to sentence him to prison.

  • December 12, 2016

    Gov't Didn't Blow Immigrant Bias Probe Deal, Says Judge

    The U.S. Department of Justice did not violate the terms of a settlement it struck with Nebraska Beef Ltd. through the language it used to announce that its immigrant discrimination probe of the processed meat provider had been settled, a Nebraska federal judge found Friday.

  • December 9, 2016

    Sens. To Introduce 'Bridge Act' To Protect DACA Recipients

    Sen. Dick Durbin, D-Ill., announced on the Senate floor Friday bipartisan legislation that would provide work authorization and temporary relief from removal to young unauthorized immigrants who were brought to the U.S. as children, saying it would protect them from deportation under the incoming Donald Trump administration.

  • December 9, 2016

    Raymond James Blasts Atty For Needing ‘Tutorial’ In EB-5 Suit

    Raymond James & Associates told a Florida federal judge Thursday that it opposed a motion to compel documents in a $400 million investor EB-5 visa lawsuit accusing Vermont ski resorts Jay Peak and Q Burke of misappropriating funds, saying the investors’ attorney admitted to not understanding the documents she’d requested.

  • December 9, 2016

    Former CBP Officials Support Slain Mexican Teen's Family

    Two former high-level officials of U.S. Customs and Border Protection filed an amicus brief at the U.S. Supreme Court on Friday in support of the family of an unarmed Mexican teenager who was shot dead by a border patrol agent, contending that the CBP has become increasingly militarized since 2001.

  • December 9, 2016

    'Scam Artist' Charged For Posing As Immigration Attorney

    A Los Angeles business owner is facing several felony charges for deceiving immigrants by posing as an immigration attorney and providing legal consultations and services without any accreditation, and even holding himself out as such on both mainstream and Spanish-language media platforms, U.S. Immigration and Customs Enforcement said Thursday.

  • December 9, 2016

    EEOC Slams Bid For Rehearing In Fight Over Visa Info

    The U.S. Equal Employment Opportunity Commission urged the Fifth Circuit on Thursday to deny Koch Foods’ request to rehear an order finding the company cannot compel the release of identifying visa application information on employees who have brought a sexual harassment suit against it, saying the ruling doesn’t conflict with precedent.

  • December 9, 2016

    DOL Pick Draws Conservative Outcry For Immigration Stance

    President-elect Donald Trump’s decision to nominate fast food CEO Andrew Puzder to head the U.S. Department of Labor has drawn backlash from those with ties to immigration restrictionist groups and the often anti-immigrant website Breitbart, which homed in on his support for foreign workers.

  • December 8, 2016

    Novartis Loses At BALCA In Case Over Exec. Director Job

    The Board of Alien Labor Certification Appeals on Wednesday upheld the denial of permanent labor certification for an executive director position at Novartis Pharmaceuticals Corp., finding a certifying officer had correctly found the company rejected U.S. workers for the post for “other than lawful, job-related reasons.”

  • December 8, 2016

    Long Commute Excuse Not Enough To Save BALCA Case

    The Board of Alien Labor Certification Appeals on Wednesday affirmed a certifying officer’s denial of labor certification for a business operations analyst job at a residential service agency, saying the agency’s decision to reject a U.S. applicant because of a long commute was unlawful.

Expert Analysis

  • 10 Things To Look For This Supreme Court Term

    James Brosnahan

    This term of the U.S. Supreme Court will probably be one of the oddest in our history, according to Jim Brosnahan, senior trial counsel with Morrison & Foerster LLP. Here are some of the dynamics to look for between now and June 2017.

  • Provider Lessons From Tenet’s $513M Fraud Settlement

    Robert C. Threlkeld


    In a cautionary tale of extreme import for health care providers, several subsidiaries of Tenet Healthcare recently agreed to plead guilty to conspiring to defraud the United States and to paying and receiving kickbacks and bribes. There are several significant areas of focus and analysis that providers should review and understand as a result of this matter, say Robert Threlkeld
 and Edgar Bueno
 of Morris Manning & Martin LLP.

  • Coming Soon: The 3-D (And 4-D) Brief

    Martin Bienstock

    From e-discovery to attorney profitability, the technologies of the 21st century have had a major impact on legal practice. Yet the tech revolution has had surprisingly little impact on the form and content of legal briefs — the very bread-and-butter of many legal practices. This is about to change, according to Martin Bienstock of Weisbrod Matteis & Copley PLLC.

  • The 'Tough Noogies' Doctrine: Rights But No Remedies

    Andrew Melzer

    In recent years the courts have demonstrated an increased use of the “tough noogies” doctrine. These types of cases involve individuals wronged by powerful institutional interests who are shown the door, often based on poor or weak reasoning or in defiance of common sense. Andrew Melzer of Sanford Heisler LLP highlights a few recent examples of this doctrine and discusses whether the pendulum is beginning to swing back the other way.

  • USCIS Regs Innovate Programs For Immigrant Entrepreneurs

    Eric D. Ledbetter

    Despite the significant role played by immigrant entrepreneurs in America, our current immigration laws in this area are woefully complex and out-of-date. However, new regulations proposed by the U.S. Citizenship and Immigration Services would bring much-needed modernization for immigrant entrepreneurs, says Eric Ledbetter of Quarles & Brady LLP.

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • A Potential Secret Sauce For Mooting Class Claims

    Rick L. Shackelford

    Based on the U.S. Supreme Court's decision in Campbell-Ewald, we know that an unaccepted Rule 68 offer of judgment does not end an Article III case or controversy, and will not moot a plaintiff’s claim. However, what remains uncertain is whether there are any steps that can terminate a putative class action nonconsensually before class certification is litigated, says Rick Shackelford of Greenberg Traurig LLP.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • An Unusual Attorney-Client Privilege Twist For Backpage

    Brian D. Smith

    In the Senate Permanent Subcommittee on Investigations' litigation against Backpage, a D.C. federal court recently ruled the company cannot assert attorney-client privilege to protect certain documents. The decision has significant implications for any individual or company facing demands from Congress for documents, information or testimony, says Brian Smith of Covington & Burling LLP.