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|Law Professors’ Letter Advocate that Executive Authority to Extend Deportation Deferrals|
Nicola Prall; Jackson Lewis P.C.;
January 30, 2015, previously published on December 5, 2014On December 3, 2014, NBC News reportedly obtained a November 3 letter written by Shoba Sivaprasad Wadhia, Stephen Legomsky, Hiroshi Motomura, and Michael Olivas - four distinguished immigration law professors. The professors did not take a position on who should be included in the President's...
|President Obama’s Executive Action on Immigration under Attack in Federal Court|
Anya Susarina; Jackson Lewis P.C.;
January 30, 2015, previously published on December 4, 2014Not two weeks after the President announced his executive action on immigration, 17 states, including Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Texas, Utah, West Virginia and Wisconsin, led by Texas...
|DOL Administrative Review Board Nixes Greedy H-1B Worker's Front Pay Appeal Based on New H-1B Employer Petition Approval|
Geetha Nadiminti Adinata, Mary E. Pivec, Charles A. Roach; Ford & Harrison LLP;
January 30, 2015, previously published on January 5, 2015Executive Summary: The U.S. Department of Labor (DOL) has just released a final decision and order rendered this past July by the Administrative Review Board (ARB), holding that an H-1B worker's front pay claim against a former employer is cut off where it is clear that the worker changed employers...
|Start Planning for New H-1B Applications As April Deadline Nears|
Davis Bae; Jackson Lewis P.C.;
January 30, 2015, previously published on January 12, 2015The demand for H-1B visas continues to rise. Last year, demand for H-1B exceeded the available number of visas, and a lottery was held to determine which applications would be accepted. Employers should file H-1B applications by April 1, 2015, to ensure consideration for this year's lottery and an...
|President Obama to Announce Administrative Immigration Reform|
Robert Neale; Jackson Lewis P.C.;
January 30, 2015, previously published on November 19, 2014President Obama announced today that he will address the nation on Thursday evening, November 20, 2014, to announce the executive actions he will be taking on immigration reform. A follow up speech is scheduled for Friday in Las Vegas, Nevada, to provide additional details regarding his plan.
|New Definition of "Dependent Child" Effective August 1|
Lori Brienza, Melanie Goldsworthy; McLennan Ross LLP;
January 30, 2015, previously published on August 6, 2014On August 1, 2014, Citizenship and Immigration Canada ("CIC") released Operational Bulletin 588, which provides operational guidance to CIC and Canada Border Services Agency on the amended definition of "dependent child" under section 2 of the Immigration and Refugee Protection...
|DOL Nullifies Use of Employer-Provided Wage Surveys in H-2B Program|
Otieno Ombok; Jackson Lewis P.C.;
January 30, 2015, previously published on December 11, 2014Calling the Department of Labor regulations authorizing employers to use employer-provided wage surveys for prevailing wage determinations (PWDs) for H-2B workers arbitrary and capricious, and finding that they violate of the Administrative Procedure Act, the U.S. court of appeals in Philadelphia...
|Texas Governor Mandates E-Verify for All Texas State Agencies and Businesses Contracting with the State of Texas|
Maggie Murphy; Jackson Lewis P.C.;
January 30, 2015, previously published on December 5, 2014Texas Governor Rick Perry started December by issuing an Executive Order requiring E-Verify participation by all Texas state agencies and for all businesses contracting with the State of Texas.
|I-9 Compliance Requires Consistency: OCAHO Slaps Enhanced $330K Fine on Employer for Repeating Offense|
Maggie Murphy; Jackson Lewis P.C.;
January 30, 2015, previously published on November 17, 2014Given the employer's status as a ''Second Offender,'' the Office of the Chief Administrative Hearing Officer (OCAHO) ordered that a penalty of $329,895, assessed by ICE agents involved in investigating the company's I-9 practices, be upheld. In USA v. Durable, Inc. , presiding Judge Helen K. Thomas...
|H-1B or L-1 Petition Denied? Don’t Waste Time Appealing to the Administrative Appeals Office|
Amy L. Peck; Jackson Lewis P.C.;
January 30, 2015, previously published on January 13, 2015Many businesses sponsoring H-1B specialty occupation worker or L-1 intra-company transfer petitions have experienced the frustration of unfair denials. Now, Information published in the Citizenship and Immigration Services Ombudsmen Annual Report 2014 ("Report") confirms that appeals from...