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Immigration
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 15, 2024
Vegas Biz Group Loses Bid For H-2B Janitors Over Calendars
A Las Vegas-based Hispanic business group again lost a bid to hire 100 foreign janitors when a U.S. Department of Labor appeals board ruled that calendars the group submitted showed a permanent, rather than seasonal, need for the cleaning staff.
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July 15, 2024
Feds Say New Migrant Detention Rules Moot Lawsuit
The Biden administration asked a California federal court to end a long-running lawsuit challenging the government's practices for placing unaccompanied migrant children, saying it addressed all the issues identified by the court with an April policy change.
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July 15, 2024
Feds Outline Eligibility Criteria For Foreign Entrepreneur Rule
U.S. Citizenship and Immigration Services provided updated guidance on the requirements for foreign entrepreneurs to qualify for short-term immigration benefits under the International Entrepreneur Rule.
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July 15, 2024
4th Circ. OKs No Hardship Finding In Mexican Man's Removal
A Fourth Circuit panel on Monday rejected a petition from a Mexican citizen seeking to halt his removal from the United States, ruling that the Board of Immigration Appeals was right to find that his petition fell short of the extreme hardship standard necessary to prevent removal.
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July 15, 2024
Trump Running Mate Is Foe Of DOJ 'Political Prosecutions'
Donald Trump announced Monday that his running mate will be Ohio Sen. J.D. Vance, who over the last year has gone after the U.S. Department of Justice and Attorney General Merrick Garland for what he deems are political prosecutions of the former president.
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July 15, 2024
11th Circ. Affirms Yemeni Man's Removal After Marriage Fraud
The Eleventh Circuit has affirmed the removal of a Yemeni citizen who fraudulently claimed he was married to a U.S. citizen, rejecting arguments that he has since legitimately married another U.S. woman who he now supports and that his removal proceedings should have been paused while he pursued other visa options.
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July 15, 2024
EEOC Commissioner Sonderling To Depart Agency
EEOC Commissioner Keith Sonderling announced Monday he will leave the agency in August when his term ends, wrapping up a seven-year tenure with the federal government to return to the private sector.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Loper Bright Is Shaking Up Dozens Of Regulatory Fights
In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.
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July 12, 2024
DHS Says Recent High Court Rulings Doom CBP App Claims
The U.S. Department of Homeland Security said Friday that a pair of recent U.S. Supreme Court rulings addressing the issue of standing mean that two organizations lack the standing to challenge its requirement that migrants use a smartphone app to submit applications.
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July 12, 2024
Reservist Found Guilty Of Taking Bribes For Visa Letters
A U.S. Navy Reserve officer was found guilty in New Hampshire federal court on Friday of accepting bribes from Afghan nationals seeking recommendations for special immigrant visas, green cards reserved for individuals who assist the U.S. military.
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July 12, 2024
Texas DA Tells 5th Circ. He's Immune In Border Law Fight
Texas District Attorney Bill Hicks told the Fifth Circuit its June decision finding another district attorney immune from a suit over changes to the state's election code means he should be shielded from a challenge to the Lone Star State's migrant arrest law.
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July 12, 2024
Judge Nixes Fraud Suit, Slams Atty's Fox Rothschild Remarks
A New Jersey federal judge threw out a fraud and malpractice suit brought against Fox Rothschild by two men who said the firm was "knowingly and willfully robbing their immigration clients" and warned their attorney over prior comments he made to Law360 regarding the case.
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July 11, 2024
Ex-Judges Say 11th Circ. Wrong On Authority For Visa Petitions
Former immigration judges urged the U.S. Supreme Court to unravel the Eleventh Circuit's ruling that the courts cannot review a revoked visa petition, saying the ruling denies immigrants important judicial protections based on factors outside their control.
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July 11, 2024
DACA Recipient, Credit Union Settle Home Loan Bias Suit
A beneficiary of the Deferred Action for Childhood Arrivals program has reached a settlement with an Oregon credit union to end claims that he was unlawfully denied a home equity loan based on his immigration status.
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July 11, 2024
2nd Circ. OKs Israeli Man's Removal After Wife Ends Support
The Second Circuit on Thursday rejected an appeal from an Israeli man fighting deportation following a sham marriage to a U.S. citizen, finding his conditional permanent resident status ended since he didn't submit a joint petition with his spouse to remove the conditions of his status after she withdrew support.
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July 11, 2024
2nd Circ. Says Unreported Violence Doesn't Doom Asylum Bid
The Second Circuit on Thursday said the Board of Immigration Appeals must reconsider an asylum bid from a Honduran woman claiming family abuse and rape by a criminal, finding that evidence of the difficulties women face in reporting violence and the government's ineffective response to such reports was ignored.
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July 10, 2024
3rd Circ. Says Pretrial Detention Bars Bid For Removal Relief
A split Third Circuit on Wednesday refused to revive a Honduran man's bid for deportation relief, saying the over 1,000 days he spent in detention before being sentenced for sexually assaulting his stepdaughter barred him from showing good moral character.
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July 10, 2024
ACLU Says Vetting Policy Ensnared Innocent Immigrants
U.S. Citizenship and Immigration Services has a secret vetting program that it has used for more than 15 years to keep certain green card and citizenship applications in "immigration purgatory," the American Civil Liberties Union announced Wednesday in a white paper.
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July 10, 2024
GOP Bombards Agencies With Demands After Chevron's End
Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.
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July 10, 2024
4th Circ. Says Parole Entry Did Not Interrupt Residency Status
The Fourth Circuit ruled that a Ghanaian national retained his status as a lawful permanent resident and is therefore eligible for U.S. citizenship, even though border officials refused to admit him into the country following a misdemeanor conviction for embezzlement.
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July 10, 2024
African Student Visa Denials Need Investigating, Experts Say
New data from the U.S. Department of State backs up what immigration attorneys have long suspected for years: African students are denied visas at higher rates than students from other regions, showing a need for greater scrutiny of the student visa process.
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July 10, 2024
DOL Can't Stop Discovery Disclosures In Fishery Wage Suit
The U.S. Department of Labor didn't show how a Mississippi federal court erred in ordering the agency to turn over the identities of some migrant workers who participated in the department's investigation of a fishery, the court ruled Wednesday, standing by its earlier decision.
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July 10, 2024
Indiana AG Looks To End City Law Limiting ICE Cooperation
The Indiana attorney general sued the city of East Chicago in a state court, looking to force the municipality to drop a policy that restricts local officials' and businesses' ability to assist U.S. Immigration and Customs Enforcement.
Expert Analysis
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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H-1B Registration System Is Broken But Not Beyond Repair
Recent U.S. Citizenship and Immigration Services statistics confirm that the H-1B registration system, the primary path to U.S. employment for high-skilled foreign nationals, is in dire straits, but ongoing transparency, a willingness to seek input from stakeholders and thoughtful regulatory reforms could ensure its continued viability, say attorneys at Berry Appleman.
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A Midyear Look At Expected Changes In Business Immigration
While legislative immigration reform remains a nonstarter this year, U.S. businesses and their advisers should keep an eye on agency-level regulatory efforts that are underway, which may bring significant changes to filing fees, employment verification, visa renewal processing and more, says Rami Fakhoury at Fakhoury Global.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Pugin Ruling Lowers Bar For Felony-Based Deportation
The U.S. Supreme Court's recent decision in Pugin v. Garland that an offense may constitute an obstruction of justice aggravated felony, even when an investigation or proceeding is not pending, may allow the government to seek deportation for other low-level offenses never intended to be grounds for felony-based deportation, says Peter Alfredson at Capital Area Immigrants' Rights Coalition.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment
Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.
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Opinion
Congress Should Pass Bipartisan Immigration Reform Bill
By reforming visa allocation, expediting asylum processing, creating new employment visas and creating a path forward for individuals lacking permanent legal status, the recently introduced Dignity Act presents an opportunity for much-needed reform and deserves support from both sides of the aisle, says Laura Reiff at Greenberg Traurig.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.