Immigration

  • January 24, 2024

    Late Visa Extensions Due To Labor Disputes To Be Excused

    Temporary visa holders who miss a deadline to request an extension of their stay or to change their status because of certain labor-related circumstances may be granted another chance to file, U.S. Citizenship and Immigration Services announced Wednesday.

  • January 24, 2024

    Bid To Swap Chevron For An Old Standby Raises Doubts

    Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

  • January 24, 2024

    Feds Meet Court-Ordered Quota For Afghan Asylum Applications

    Attorneys who sued the government over delays in processing asylum claims for Afghans fleeing the Taliban's rule said the Biden administration has met its obligations under a settlement agreement to process at least 65% of the applications pending since August.

  • January 24, 2024

    Immigration Atty Representation Rates Dropped, Report Says

    The average rate of immigration attorneys available to represent noncitizen clients in the rising backlog of cases pending in immigration courts across the country has dropped from 65% five years ago to 30%, according to a report published by Syracuse University's Transactional Records Access Clearinghouse on Wednesday.

  • January 24, 2024

    House GOP Blames White House For Afghans Stuck In UAE

    The top Republican on the House Foreign Affairs Committee has demanded answers from the Biden administration about Afghan allies awaiting vetting in the United Arab Emirates for more than two years, saying the lag puts Afghans in danger.

  • January 23, 2024

    Texas Border Tensions Show Need For Justices' Input

    The U.S. Supreme Court's endorsement of federal officials removing razor wire Texas is using to keep out migrants at the border could spur more litigation, highlighting a need for the justices to clearly define the limits of states' power.

  • January 23, 2024

    8th Circ. Again Denies Honduran Man Deportation Relief

    The Eighth Circuit on Tuesday refused to revive a Honduran father's bid to avoid deportation under a rule reserved for those who were harmed by a lawful permanent resident parent, rejecting the man's contention that an appeals board had considered facts it wasn't supposed to.

  • January 23, 2024

    Low H-1B Approval Rates Stifle Tech Startups, Report Says

    Economic researchers released a new report Tuesday finding that lower H-1B visa approval rates and additional visa-application restrictions significantly and directly impact the survival rate of young startups in technology-intensive industries and allow older, less productive companies to maintain market dominance.

  • January 23, 2024

    4th Circ. Unravels RV Park Win In Housing Discrimination Suit

    A Fourth Circuit panel unanimously decided Tuesday to rescind a Virginia RV park's summary judgment win in a housing discrimination suit from immigrant families who challenged the park's policy requiring residents to show proof of their legal status.

  • January 23, 2024

    House GOP Turns Up Heat On Becerra For Migrant Child Data

    The chair of the House Judiciary Committee subpoenaed the head of the U.S. Department of Health and Human Services Tuesday for answers about the Biden administration's vetting of unaccompanied children found crossing the border, accusing the agency of stonewalling the committee.

  • January 23, 2024

    Immigration Judges Ask 4th Circ. To Revive Free Speech Suit

    The National Association of Immigration Judges is asking the Fourth Circuit to revive its suit challenging a policy it claims prevents judges from publicly discussing their personal views on immigration, arguing that a federal statute doesn't prevent a Virginia federal court from hearing its case.

  • January 22, 2024

    World Cup Workers' Abuse Claims Are Misdirected, US Co. Says

    Filipino laborers who claimed they were subjected to abusive work and living conditions while helping build facilities for the 2022 FIFA World Cup in Qatar aimed their ire in the wrong direction, a U.S. construction company told a Colorado federal judge in a bid to dismiss the suit.

  • January 22, 2024

    Immigration Atty Hit With Charges Over Green Card Scheme

    The U.S. Department of Justice and the New York attorney general have charged a Bronx immigration attorney and his son with fraud, alleging they sought green cards for clients based on false claims of domestic abuse.

  • January 22, 2024

    Ex-DHS Official Wants Probation For Software Theft Case

    A former senior official with the U.S. Department of Homeland Security's watchdog asked a D.C. federal judge to spare him prison time for stealing proprietary software he helped design for the government, saying he never profited from the theft.

  • January 22, 2024

    Nearly Year-Round Labor Need Kills Fla. Farm's H-2A Bid

    A U.S. Department of Labor appeals board judge affirmed a decision Friday rejecting a Florida employer's request for temporary workers under the H-2A program, finding its need for workers is nearly year-round and it hasn't shown its request for tree farm labor is different than labor in prior applications.

  • January 22, 2024

    Farms Object To Magistrate Judge Condoning H-2A Rule

    Agricultural groups objected to a magistrate judge's recommendation to keep intact a U.S. Department of Labor rule raising the salaries of H-2A agricultural workers, telling a Florida federal judge that the magistrate judge had been "excessively" deferential to the government's arguments.

  • January 22, 2024

    Supreme Court Says Feds Can Cut Texas Border Wire

    The U.S. Supreme Court on Monday ruled that federal border agents can remove razor wire fencing installed by Texas along the Mexico border, vacating a Fifth Circuit order that the Biden administration argued led to the deaths of several migrants.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 19, 2024

    Immigration Court Case Closures Jump 50%, New Data Shows

    Immigration judges increased their rate of completed cases by 50% in the first quarter of fiscal year 2024 over the same period last year, adjudicating nearly 200,000 cases from October through December 2023, according to data released Friday.

  • January 19, 2024

    For Immigrants, Gun Rights Debate Goes Beyond Firearms

    Last month, for the first time, a federal court found that a long-standing law banning gun possession by unauthorized immigrants violates the Second Amendment. As similar challenges play out around the country, the legal and political backdrop of the case has caught the attention of legal scholars, who see in the right to be armed a fundamental question about noncitizens’ belonging in the nation and their ability to exercise other constitutional rights.

  • January 19, 2024

    Orgs Seek Redo Of Claim Tossed In Texas Migrant Transit Suit

    Three nonprofits are urging a Texas federal court to reconsider a dismissed claim in a suit challenging a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants, saying the groups are ready to show standing to pursue the claim.

  • January 19, 2024

    DHS Denies Evading Judicial Review With EB-5 Guidance

    The U.S. Department of Homeland Security denied trying to skirt judicial review of how it's handling the EB-5 investor program, telling the D.C. Circuit that a district court had deemed its guidance as unreviewable.

  • January 19, 2024

    Joint Venture Says USAID Wrongly Ended Slot On $800M Deal

    A joint venture has urged the U.S. Court of Federal Claims to block the U.S. Agency for International Development from rescinding the company's slot on an $800 million support services procurement, saying a contracting suspension for one of its partners shouldn't affect its own award.

  • January 18, 2024

    Feds Insist Depositions In Family Separation Suit Stay Private

    The Biden administration asked a California federal judge to reject a request to make public excerpts of depositions in litigation over damages for families separated under the Trump-era family separation policy, saying the materials include sensitive government information.

promo for immigration policy tracker that says tracking changes in immigration policy

Expert Analysis

  • 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.

  • Why NIL Policy Isn't A Game Changer For Int'l Students

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    While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.

  • 3 Pricing Trends In Law Firm Use Of Litigation Funding

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    As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

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