Calvin D. Bill
Diane E. Metzger
Luke T. Phillips
Melanie Gurley KeeneyDepartment of Education Announces Proposed Rule on Transgender Student Participation in Athletics
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Mandi D. Moutray
Veronica E. PotterU.S. Supreme Court Justice Neil Gorsuch Cites Luke Phillips
We are excited to announce that U.S. Supreme Court Justice Neil Gorsuch has cited an important article published by our very own Luke Phillips, associate at Tueth Keeney! Justice Gorsuch, in his spirited dissent from the Court’s denial of certiorari in Buffington v. McDonough, Secretary of the Veterans Affairs, 598 U.S. __ (2022), cited Luke’s article titled Chevron in the States? Not So Much, that was published in the Mississippi Law Journal in 2020.
read more10 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
read moreSignificant New Automatic Extension Period for Certain EADs
Laura E. Hemmerby 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
read moreNew 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
read moreNew 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.
read moreFederal Appeals Court Rules That Federal Law May Require Mask Mandates in Public Schools
James R. Laytonby 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
read moreConsular 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
read moreHealthcare 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