Supreme Court Rules in Favor of Praying Football Coach in Kennedy v. Bremerton School District

by Mark Timmerman Yesterday, the Supreme Court of the United States released its opinion in Kennedy v. Bremerton School District. In 2015, an assistant football coach named Joseph Kennedy, at Bremerton High School in Bremerton, Washington, was reprimanded by District administration for actions such as leading students in a pre-game prayer, conducting post-game talks that included religious content, and leading students in a prayer at the 50-yard line after games. The District, which is public, was concerned that his religious

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10 Things You Should Know About the Proposed Title IX Regulations

by Veronica Potter On June 23, 2022 –  on the 50th anniversary of Title IX – the Department of Education released a Notice of Proposed Rulemaking (NPRM) with its proposed Title IX regulations. The proposed regulations were long awaited, as the plan to replace the existing 2020 Title IX regulations (2020 Regulations) enacted by the Trump Administration was announced shortly after President Biden took office. The unofficial version of the NPRM is available online now, and the

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Significant New Automatic Extension Period for Certain EADs

by Luke Phillips On May 4, 2022, U.S. Citizenship and Immigration Services (“USCIS”) published a Temporary Final Rule authorizing an increase of the automatic extension period applicable to expiring Employment Authorization Documents (“EADs”) for certain renewal applicants who have filed a Form I-765, Application for Employment Authorization.  The automatic extension period will be raised from up to 180 days to up to 540 days from the expiration date displayed on the EADs of eligible

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New Guidance on E and L Spouses’ Employment Authorization

by Luke Phillips On March 18, 2022, U.S. Citizenship and Immigration Services (“USCIS”) announced that it is updating the guidance in its Policy Manual regarding what may be used as evidence of employment authorization for certain E and L nonimmigrant spouses. This updated guidance follows the November 2021 clarification from USCIS that it considers E and L spouses to be employment authorized incident to their valid E and L nonimmigrant status. Accordingly, USCIS and U.S. Customs and Border Protection have

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New CDC Guidance Removes Mask Requirements for School Buses

Effective February 25, 2022, the Centers for Disease Control and Prevention (“CDC”) no longer requires the wearing of masks on buses or vans operated by public or private school systems, including early care and education/child care programs. However, school districts may still require people to wear masks on buses or vans at their discretion.

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Federal Appeals Court Rules That Federal Law May Require Mask Mandates in Public Schools

by Jim Layton In a suit brought by parents of children with serious disabilities, the St. Louis-based U.S. Court of Appeals for the Eighth Circuit upheld an injunction against an Iowa law barring mask mandates in public schools. The court held that “mask requirements are reasonable accommodations required by federal disability law to protect the rights of Plaintiffs’ children.” “Reasonable accommodations” for students (and staff) with disabilities are required by the federal Rehabilitation Act. Prior to the enactment of a

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Consular Interview Waivers for Certain Nonimmigrant Visas Extended Through December 31, 2022

by Luke Phillips For certain nonimmigrant visa applicants with approved petitions, the U.S. Department of State (“DOS”) has extended authorization for consular officers  to waive interviews through December 31, 2022.  The extension of authorization applies to applicants for H-2, F, M, and academic J visas, and to applicants renewing any visa type within 48 months of expiration.  Additionally, the authorization has expanded to applicants for H-1, H-3, H-4, L, O, P, and Q visas.  The authorization only applies to applicants

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Healthcare Workers Can Now Request Expedited Processing for EADs

by Luke Phillips U.S. Citizenship and Immigration Services (“USCIS”) has announced that healthcare workers with a pending Employment Authorization Document (“EAD”) renewal application (i.e., Form I-765), and whose EAD is expired or expires in 30 days or less, are now allowed to request expedited processing for their EAD applications. USCIS will require those requesting expedited processing to provide sufficient evidence of their employment as a healthcare worker. Sign up to receive Insight notifications via email  here. read more

DHS Extends I-9 In-Person Verification Flexibility Until April 30, 2022

by Luke Phillips On December 15, 2021, U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility policy regarding the in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification, due to continued precautions associated with COVID-19.  The Department of Homeland Security (DHS) will extend this policy until April 30, 2022. Please note, this flexibility policy only applies to employers and workplaces that are operating remotely.  If there are employees physically present at a

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Presidential Proclamation Restricts Travelers from Countries in Southern Africa

by Luke Phillips With the COVID-19 Omicron variant emergent, President Biden issued a Presidential Proclamation suspending the entry of individuals who were physically present within South Africa, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, or Zimbabwe during the 14-day period preceding their attempted entry into the U.S.  The travel suspension became effective on November 29, 2021. The Presidential Proclamation provides for certain exceptions.  For example, the travel suspension does not apply to U.S. citizens (“USCs”), lawful permanent U.S. residents (“LPRs”), noncitizen

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