California’s Immigrant Worker Protection Act

Mar 7, 2018

For companies with employees in California, please note that California’s Immigrant Worker Protection Act went into effect on January 1, 2018.   The Immigrant Worker Protection Act places certain restrictions on when California employers may provide an immigration enforcement agency access to nonpublic work areas and employee records.   A summary of the Act and the additional requirements for California employers are described below.   On March 6, 2018, the U.S. Department of Justice filed a lawsuit against the State

Partial Reinstatement of the DACA Program

Jan 11, 2018

As noted in our previous blog, available here, on September 5, 2017, President Trump’s Administration announced rescission of the Deferred Action for Childhood Arrivals (DACA) program, which grants a temporary reprieve from deportation (known as deferred action) as well as work authorization for certain young people who entered the United States before the age of 16.   Following this announcement various lawsuits were filed challenging rescission of the program. On January 9, 2018, a federal judge in

Travel Ban 3.0 Reinstated

Dec 7, 2017

As noted in a previous blog, on September 24, 2017, President Trump issued a Presidential Proclamation, placing certain visa/travel restrictions on nationals of eight identified countries, subject to various exclusions for certain individuals, including current lawful permanent residents (i.e., green card holders). As noted in a subsequent blog, on October 17, 2017, federal district courts in Maryland and Hawaii issued preliminary injunctions prohibiting implementation of key aspects of the Proclamation. Those orders were then appealed

Recent Updates on President Trump’s Travel and Refugee Bans

Oct 26, 2017

As noted in a previous blog (available here), on September 24, 2017, President Trump issued a Presidential Proclamation placing certain visa/travel restrictions on nationals of eight identified countries, subject to various exclusions for certain individuals, including current lawful permanent residents (i.e., green card holders). Like the President’s previous Travel Bans (discussed in the blogs available here and here), federal district courts in Maryland and Hawaii have issued preliminary injunctions enjoining enforcement of the visa/travel restrictions

Rescission of Deference to Prior Decisions Granting Certain Nonimmigrant Visa Status

Oct 26, 2017

On October 23, 2017, U.S. Citizenship and Immigration Services (“USCIS”) issued updated policy guidance directing its officers to “apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories.” Previous policy had instructed officers to give deference to the findings of previously approved petitions, as long as there was no evidence of fraud or material error related to the prior determination and the key elements remained the same. The updated guidance removes this

2019 Diversity Visa Program (“Green Card Lottery”)

Oct 18, 2017

2019 Diversity Visa Program (“Green Card Lottery”)

Background

In fiscal year 2019, the annual Diversity Visa (DV) Program (Commonly known as “Green Card Lottery” or “DV Lottery Program”) will make available 50,000 immigrant visas (permanent resident visas) to persons from countries with low rates of immigration to the United States. The permanent residence visas (also known as “green cards”) are made available to persons who meet the simple, but strict, eligibility requirements. The DV visas are distributed among