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United States Citizenship and Immigration Services Appeals

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Holland & Hart - Employers' Lawyers

Business Immigration – Looking Ahead to the 2024 H-1B Cap Lottery and Other Developments Employers Should Watch For

Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we...more

Holland & Hart LLP

Appeals Court Decision Shines a Spotlight on H-1B Employees and Work Site Location

Holland & Hart LLP on

The recent rise in remote work has transformed industries across the United States, with a large number of employers allowing employees to perform their jobs entirely from home. In many cases, an employee’s home can be...more

Harris Beach PLLC

Citizenship and Immigration Services Updates Policy on Unlawful Presence Bars

Harris Beach PLLC on

On June 24, 2022, U.S. Citizenship and Immigration Services issued new guidance in its Policy Manual on inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA). The new guidance clarifies that...more

Dorsey & Whitney LLP

I-140 Revocation by USCIS not Eligible for Federal Court Review

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On July 20, 2021, the U.S. Court of Appeals for the D.C. Circuit held that the Immigration and Nationality Act (“INA”) precludes court review of a decision by U.S. Citizenship and Immigration Services (“USCIS”) to revoke a...more

Bradley Arant Boult Cummings LLP

UnDACAmented: Protections for Dreamers in Peril

A federal district court in Texas recently struck down the Deferred Action for Childhood Arrivals program – known commonly as DACA – holding that the program was improperly implemented by the former Obama administration and,...more

McDermott Will & Emery

Perseverance, Passion and Legal Focus Establish New Precedent for Immigration Cases

McDermott Will & Emery on

THE CHALLENGE: When Jennifer Arguijo was 11 years old, she and her siblings left Honduras to join their mother and stepfather—a US citizen—in the United States. Four years later, she ran away from home to escape her...more

Fisher Phillips

Federal Appeals Court Solidifies Straightforward View Of H-1B Specialty Occupation Definition

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A federal appeals court just confirmed an uncomplicated interpretation of the “specialty occupation” definition for H-1B visas, clearing the way for a wide variety of industries to seek these highly sought-after visas. At the...more

Gibney Anthony & Flaherty, LLP

USCIS Public Charge Rule in Effect Nationwide

U.S. Citizenship and Immigration Services (USCIS) may resume implementation of its Inadmissibility on Public Charge Grounds Final Rule (Public Charge Final Rule) nationwide after the Second Circuit Court of Appeals lifted a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Limits Scope of Injunction on Public Charge Rule to Connecticut, New York, and Vermont

On August 12, 2020, the United States Court of Appeals for the Second Circuit limited the scope of a nationwide injunction that had blocked the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Blocked From Enforcing New Public Charge Rule During COVID-19 Pandemic

On July 29, 2020, the U.S. District Court for the Southern District of New York issued an injunction immediately blocking the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS)...more

Harris Beach PLLC

Administrative Abuse of Discretion and Power "Beggars Belief"

Harris Beach PLLC on

On January 23, 2020, the Federal Court of Appeals for the Seventh Circuit issued a scathing decision that has garnered much attention. (Baez-Sanchez v. Barr, No. 19-1642 (7th Cir. 2020). It was not the merits of the...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer - Proskauer For Good

Pro Bono for Immigrant Families: Seeking Asylum in the U.S. from Mexico

Since my trip to the U.S./Mexico border last summer, the situation for families seeking asylum has only become more challenging, especially in light of the Administration’s new “Remain in Mexico” policy. This week, I am in...more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Holland & Knight LLP

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

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Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

You’ve Got Mail … if You’re an Employer: Seventh Circuit Rules Employees Are Not Entitled to Same Visa Revocation Notice

On August 3, 2016, the U. S. Court of Appeals for the Seventh Circuit ruled that only employers are to be provided notice and receive information on decisions on visa petitions issued by United States Citizenship and...more

Cozen O'Connor

Seventh Circuit Says No Asylum for Bisexual Man; Posner Dissents

Cozen O'Connor on

Last week, the Seventh Circuit declined to review the asylum application of a bisexual individual who applied for fear of persecution. Ray Fuller, 51, told an immigration judge and the Board of Immigration Appeals that he...more

Gerald Nowotny - Law Office of Gerald R....

Adeus, Brasil! Parte 3 - Os surpreendentes benefícios de um pedido de asilo nos EUA

Descrição geral - Esta série foi projetada para elaborar um mapa com diferentes estratégias para imigração aos EUA. Na Parte I desta série, explorei o uso do visto L1-A como um método rápido e barato para obter a entrada...more

Haight Brown & Bonesteel LLP

A Court Must Expressly Retain Jurisdiction to Enforce the Terms of a Settlement Agreement

In Mirsad Hajro and James R. Mayock v. United States Citizenship and Immigration Services, et al. (collectively, “USCIS”), 2016 S.O.S. 11-17948, The Ninth US Circuit Court of Appeals held that it had jurisdiction to review...more

Littler

USCIS Guidance Clarifies Employer Obligations to Amend H-1B Visa Petitions, Sets Compliance Deadline

Littler on

On May 21, 2015, the U.S. Citizenship and Immigration Services (USCIS) issued guidance on an employer's obligation to amend an H-1B visa petition to report a change in the employee's worksite location. This guidance is in...more

Franczek P.C.

New USCIS Guidance Has Significant Consequences for H-1B Employers

Franczek P.C. on

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision (Matter of Simeio Solutions, 26 I&N Dec. 542) that significantly impacts U.S....more

Shumaker, Loop & Kendrick, LLP

Court of Appeals Censures USCIS’ Narrow Interpretation of L-1B Visa Requirementsi

Over the last few years, U.S. Citizenship & Immigration Services (USCIS) has made a concerted effort to restrict the number of L-1B visas being issued. And, without much oversight, USCIS has managed (almost unfettered) to do...more

Epstein Becker & Green

Immigration Alert: September 2014

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Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs - On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more

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