Immigration

  • April 21, 2017

    With H-1B Application Drop, Signs Point To IT Retreat

    After steadily increasing over the last few years, the number of H-1B visa petitions filed this spring dropped by over 30,000, and both immigration attorneys and government data suggest that the decline could be due to large information technology companies filing fewer requests for the skilled worker visas.

  • April 21, 2017

    Campaign Rhetoric Surfaces At Immigration Ban Hearing

    President Donald Trump’s campaign promise to ban Muslims from the U.S. emerged on Friday in D.C. federal court, at the center of a challenge to the latest executive action on immigration, as a judge considered whether the statements should be considered proof of religious bias.

  • April 21, 2017

    Grassley Probes FBI's EB-5 Fraud Allegations

    Sen. Chuck Grassley is launching his own inquiry into an allegedly fraudulent EB-5 investor center, requesting more information Thursday from the U.S. Department of Homeland Security about a California attorney and her father accused of helping fugitives get visas through the program.

  • April 21, 2017

    9th Circ. Denies Initial En Banc Review Of Travel Ban Appeal

    The Ninth Circuit on Friday denied the state of Hawaii's bid for an initial hearing en banc on the Trump administration's appeal of a preliminary injunction that halted a revised executive order on immigration from six predominantly Muslim countries.

  • April 21, 2017

    Government Funding Showdown Has Attorneys On Edge

    With President Donald Trump taking an increasingly hard line on his budget demands, congressional Democrats and the administration are now on a collision course that could end in a government shutdown, leaving attorneys worried about delayed contract awards, agency work left undone and the government's ability to function.

  • April 21, 2017

    Couple Must Repay $27M In EB-5 Cancer Center Fraud Scam

    A California federal judge ruled on Thursday that a husband and wife netted in an EB-5 investor scheme must pay back nearly $27 million that they owe investors for planning a cancer treatment center that they never built.

  • April 20, 2017

    CBP Faces FOIA Suit Over Alleged Moves Targeting Muslims

    A civil rights group for Arab-Americans has launched a suit seeking records regarding moves allegedly made by U.S. Customs and Border Protection to revoke participation for some Muslim and Arab individuals in a program that expedites customs clearance, saying the agency hasn’t forked over the sought-after documents.

  • April 20, 2017

    Hawaii Sens. Slam Sessions' Travel Ban Block Remarks

    A disparaging comment by Attorney General Jeff Sessions referencing a Hawaii federal judge’s block of President Donald Trump’s travel ban in a radio interview unleashed a fury of backlash Thursday from politicians and Hawaii senators who leapt to defend the state.

  • April 20, 2017

    4th Circ. Urged To Extend Hold On Trump Travel Ban

    The Fourth Circuit was hit this week with more than two dozen briefs from organizations and individuals weighing in on President Donald Trump’s call for a travel ban from six predominantly Muslim countries, with most urging the court to uphold a temporary pause of the revised executive order.

  • April 20, 2017

    In EB-5 Rule Feedback, Higher Investments Spark Outcry

    In recent feedback on potential reforms, the U.S. government got an earful against a proposal to raise the minimum contributions for the EB-5 immigrant investor program along with suggestions on ways to improve the program's regional center aspect. 

  • April 20, 2017

    ICE's Deportation Management Falls Short: DHS Watchdog

    The U.S. Department of Homeland Security’s Office of Inspector General has issued a handful of recommendations to U.S. Immigration and Customs Enforcement, saying that deficiencies and unresolved obstacles in ICE’s deportation management hinder its ability to deport immigrants efficiently, according to a report published by the agency.

  • April 20, 2017

    Chicago, NYC, LA File Brief In 4th Circ. Against Travel Ban

    Chicago, New York, Los Angeles and others weighed in Wednesday against President Donald J. Trump’s updated immigration ban for six predominantly Muslim countries, telling the Fourth Circuit that lifting the injunction on the executive order would hurt city economies across the country.

  • April 20, 2017

    SEC Says Cos. Can't Escape EB-5 Fraud Scheme Suit

    The U.S. Securities and Exchange Commission has urged a California federal judge not to allow two companies to ditch its suit accusing a businessman of misappropriating funds raised through the EB-5 immigrant investor program, saying the agency has already shown how each company he controlled was responsible.

  • April 20, 2017

    Judge Tosses WashTech's F-1 Visa Rule Challenge

    A technology union suing the U.S. Department of Homeland Security has not sufficiently proven its members were disadvantaged in the STEM job market by an extension of a program that lets students visiting on F-1 visas work during or after their studies, a D.C. federal judge has ruled, dismissing the suit.

  • April 20, 2017

    EB-2 Degree Determinations Are Case-Specific, USCIS Says

    U.S. Citizenship and Immigration Services said this week that it must conduct a case-specific analysis to determine whether a beneficiary who received a provisional certificate had completed all requirements to earn the degree and that the school had approved the degree at the time the certificate was issued.

  • April 19, 2017

    Trump's H-1B Order May Not Boost Jobs For Americans

    It is unclear if President Donald Trump’s Tuesday executive order on H-1B visas will achieve his goal of preserving jobs for American workers, as the order presented little in the way of specifics about possible reforms and targets a work visa program that accounts for a small portion of the economy, experts say.

  • April 19, 2017

    Calif., NJ Chief Justices Slam Courthouse ICE Arrests

    The chief justices of California and New Jersey on Wednesday made separate calls on the U.S. Department of Homeland Security to cease arrests of unauthorized immigrants at courthouses, warning that the practice will have a chilling effect on those seeking out the public venues for justice.  

  • April 19, 2017

    Fake Immigration Atty To Pay $250K In Deal With DC AG

    Washington, D.C., Attorney General Karl A. Racine said on Tuesday that he has reached a $250,000 settlement with a so-called “notario” who allegedly defrauded Spanish-speaking immigrants by claiming to offer them legitimate legal services despite not being a licensed attorney.

  • April 19, 2017

    BIA Clarifies Ruling On Administrative Closure Of Cases

    The Board of Immigration Appeals ruled Tuesday that an immigration judge cannot review whether an immigrant falls within the enforcement priorities of the Department of Homeland Security or take into account judicial resources when considering a case’s administrative closure.

  • April 19, 2017

    Hawaii, Oakland Push To Become Sanctuaries

    A city and a state have joined the scores of localities pushing to become so-called sanctuaries, with Oakland, California, approving a measure for sanctuary workplaces, and Hawaii lawmakers putting forth a resolution urging local law enforcement not to work with federal immigration agencies.

Expert Analysis

  • Impact Of 'Buy American And Hire American' On H-1B

    Elizabeth Espin Stern

    President Trump recently signed an executive order addressing the protection of U.S. jobs and preferences for U.S.-manufactured products and goods. While the order has no immediate effect on the processing of H-1B visa petitions, it does give us a clear picture of the administration’s views on the program. The “feeding frenzy” that characterizes the H-1B cap season may well become a thing of the past, say partners of Mayer Brown LLP.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Opinion

    A State-By-State Solution For Immigration Reform

    Leon Fresco

    While it might seem that the new regional polarization over immigration and sanctuary cities may be driving us further away from achieving a national consensus on immigration, it may actually be beneficial to facilitating a unique outcome that can finally create bipartisan progress on immigration reform, says Leon Fresco of Holland & Knight LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • New Policies Pose Threat To Immigrant Workplace Rights

    Mehreen Rasheed

    While most workplace protections such as minimum wage and anti-discrimination laws apply to all employees regardless of immigration status, these assurances ring hollow to many immigrant workers given the Trump administration’s aggressive rollout of its new immigration enforcement priorities, say Mehreen Rasheed and Debra Katz of Katz Marshall & Banks LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.