Fifth Circuit to Hear Oral Arguments on Whether to Lift Injunction on April 17

Maria del Carmen Ramos
Maria del Carmen Ramos

Yesterday, the Fifth Circuit granted the U.S. Department of Justice’s (DOJ) request to expedite its appeal of U.S. District Judge Andrew Hanen’s injunction staying President Obama’s immigration actions. Continue reading “Fifth Circuit to Hear Oral Arguments on Whether to Lift Injunction on April 17”

L-1B Policy Development: USCIS Issues L-1B Adjudications Memo for Comment

Mechelle Zarou
Mechelle Zarou

Today, U.S. Citizenship & Immigration Services (USCIS) issued a policy memorandum that provides guidance to field adjudicators on things to consider while adjudicating an L-1B petition.  Specifically, the new L-1B Adjudications Policy is meant to consolidate previous policy memoranda as well as supersede and rescind, in part, prior memoranda. Continue reading “L-1B Policy Development: USCIS Issues L-1B Adjudications Memo for Comment”

OPT Program Under Attack

Maria del Carmen Ramos
Maria del Carmen Ramos

While a lawsuit challenging President Obama’s executive action has garnered headlines recently, another lawsuit that could negatively impact the labor supply and increase the cost of doing business for employers has largely managed to escape the media’s attention. Continue reading “OPT Program Under Attack”

USCIS Resumes Processing of H-2B Petitions

Maria del Carmen Ramos
Maria del Carmen Ramos

As reported on March 10, 2015, the U.S. Department of Labor (DOL) suffered a setback as result of a ruling by a federal district court in the Northern District of Florida on March 4, 2015. Continue reading “USCIS Resumes Processing of H-2B Petitions”

The President’s Executive Actions on Immigration Are Further Delayed

Maria del Carmen Ramos
Maria del Carmen Ramos

Last Thursday, the U.S. Department of Justice (DOJ) filed an emergency motion with the Fifth Circuit Court of Appeals to lift a preliminary injunction issued by U.S. District Judge Andrew Hanen last month in lawsuit filed by a coalition of 26 states.  Contending that this matter was an emergency, the DOJ also requested that the Fifth Circuit require the coalition of states to respond within a week of the DOJ’s filing. Continue reading “The President’s Executive Actions on Immigration Are Further Delayed”

Conducting An Internal I-9 Audit

Maria del Carmen Ramos
Maria del Carmen Ramos

Since 2009, there has been a dramatic change in Immigration and Customs Enforcement’s (“ICE”) workforce enforcement strategy. Before 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. In 2009, however, ICE shifted its focus from illegal workers to employers who knowingly hired unauthorized workers. As part of its strategy of targeting employers, ICE began setting up centers around the country that are fully dedicated to worksite inspections. Continue reading “Conducting An Internal I-9 Audit”

Navigating H-1B Requirements: The Degree Must Relate to the Specialty Occupation

Maria del Carmen Ramos
Maria del Carmen Ramos

To obtain an H-1B visa, a petitioner must demonstrate that the proposed position it intends for the beneficiary to fill qualifies as a specialty occupation and that the beneficiary is qualified for that position. Continue reading “Navigating H-1B Requirements: The Degree Must Relate to the Specialty Occupation”

Adjudication of H-2B Petitions Temporarily Suspended

Maria del Carmen Ramos
Maria del Carmen Ramos

On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida.  Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4, 2015), the court ruled that DOL lacked the authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Continue reading “Adjudication of H-2B Petitions Temporarily Suspended”

Congressman Jolly’s Bill Could Change Lives of E-2 Visa Holders

Maria del Carmen Ramos
Maria del Carmen Ramos

Congressman David Jolly of Florida is working on a bill that would provide a pathway for E-2 visa holders to obtain permanent residence based on the length of their residency in the United States and their economic stability. Continue reading “Congressman Jolly’s Bill Could Change Lives of E-2 Visa Holders”