Immigration - General

Federal District Judge Nicolas G. Garaufis struck down the Administration’s most recent attempt to limit the Deferred Action of Childhood Arrivals (DACA) program. He held that the Acting Secretary of Homeland Security, Chad Wolf, had not been properly appointed and therefore, his recent rollback of

What executive and regulatory actions might the Biden administration take with respect to DACA, travel bans, and H-1B visas? How might the ongoing pandemic affect plans for comprehensive immigration reform? In this podcast, Jorge Lopez, shareholder and chair of Littler’s Global Mobility and Immigrat

On November 3, 2020, the U.S. Court of Appeals for the Seventh Circuit temporarily stayed an order that the U.S. District Court for the Northern District of Illinois issued in Cook County, Illinois, et al. v. Wolf et al. , No. 19-cv-6334 (November 2, 2020). The district court’s order had vacated

The Department of Homeland Security (DHS) has announced the arrest of 15 individuals who claimed to work on Optional Practical Training (OPT) for nonexistent companies. In addition, USCIS notified 700 OPT recipients suspected of being complicit in similar activities that it would revoke their employ

Announced via Tweet by Chad Wolf, Acting Secretary of the Department of Homeland Security, the COVID-related restrictions at the Canadian and Mexican borders have been extended yet again until November 21, 2020. These restrictions apply to land and sea entries and prevent entry for non-essential pur

On September 29, 2020, Judge Jeffrey S. White of the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction enjoining the U.S. Department of Homeland Security’s (DHS) proposed fee increases for U.S. Citizenship and Immigration Services’ (USCIS) immigra

Judge Jeffrey S. White has granted the plaintiffs’ request for preliminary injunction preventing the continued enforcement of the Presidential Proclamation suspending the entry of certain individuals in H, L, and J status (Nonimmigrant Ban) in National Association of Manufacturers et al. v. Departme

The Department of Homeland Security (DHS) is making it a little easier for some foreign nationals to fly to the United States by lifting certain restrictions in place following the outbreak of the COVID-19 pandemic. Under the restrictions, any airplanes carrying passengers who had recently travelled

A federal judge in California has enjoined the USCIS’ new fee rule just a little more than a day before petitions and applications had to be postmarked. Judge Jeffrey S. White’s decision in Immigrant Legal Resource Center v. Wolf was based on a finding that Chad Wolf’s appointment to the position

On September 22, 2020, U.S. Citizenship and Immigration Services (USCIS) updated its website to indicate that it would resume implementing the Inadmissibility on Public Charge Grounds final rule (often referred to as the “public charge rule”) on a nationwide basis. The updated policy follows a serie

While it typically uses the “Final Action Dates” chart for accepting adjustment of status application filings, U.S. Citizenship and Immigration Services (USCIS) has announced that for October 2020, it will allow employment-based adjustment of status applicants to file based upon the U.S. Department

The Department of Homeland Security (DHS) may resume implementation of the new Public Charge Rule, the U.S. Court of Appeals for the Second Circuit has ruled. The factors that are considered under the new Public Charge Rule include the applicant’s use of public benefits, employment status and histor

On September 11, 2020, the U.S. Department of Homeland Security (DHS) proposed a regulation that focuses on the expansion of the collection and use of biometric data in the enforcement and administration of immigration laws. The proposed rule would subject foreign nationals to periodic biometrics co

On September 15, 2020, Judge Amit P. Mehta filed an amended order in Gomez v. Trump in response to the Department of State’s (DOS) guidance regarding the processing of Diversity Visa applications. DOS had announced that it would not issue visas to applicants who were subject to the “14-Day Quarantin

The Trump Administration’s effort to end Temporary Protected Status (TPS) for approximately 250,000 people from El Salvador, Nicaragua, and Sudan has been upheld in a split ruling from U.S. Court of Appeals for the Ninth Circuit in Crista Ramos, et al. v. Wolf, et al. TPS for Honduras and Nepal

On September 11, 2020, the Department of Homeland Security (DHS) will release a new regulation for notice-and-comment that proposes to expand the collection of biometric data and give DHS increased flexibility to deal with emerging needs . Here are a few highlights from the draft 328-page rule. Unle

On June 18, 2020, when the Supreme Court ruled that the Trump Administration had not properly terminated the Delayed Action for Childhood Arrivals (DACA) program , many (including Dreamers themselves) assumed that at least for the time being, DACA would remain intact and that individuals who were el

Some 50,000 foreign nationals with approved Lawful Permanent Residency (Green Card) applications have been waiting for months to receive their cards, which provide proof of lawful permanent resident status. Without these cards, the foreign nationals will have difficulty travelling internationally an

Advocacy groups have filed suits challenging the USCIS fee increases scheduled to take effect on October 2, 2020. The fee increases are not equal across the board. Certain types of business immigration petitions have been targeted for large percentage fee increases: 51% for TNs and E visas, 75% for

On August 25, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that the agency will avert a furlough of approximately 13,000 employees, previously scheduled to take place on August 30, 2020.