Reminder: U.S. Citizenship and Immigration Services’ new digital form I-9 has taken effectBy Jacob Hogg & Rebecca ManciniCorporate Law Departments, March 2017Employer representatives overseeing the employment eligibility and verification process must ensure that the new Form I-9 with the revision date of Nov. 14, 2016 is used for all new hires going forward.
USCIS to suspend premium processing service beginning April 3By Rebecca Mancini & Jacob HoggCorporate Law Departments, March 2017USCIS indicated that the temporary suspension will help them reduce overall H-1B processing times and to prioritize adjudication of pending petitions in a backlog. It is anticipated that the suspension will last for up to six months.
Office of Special Counsel provides discrimination guidanceBy Michael R. LiedInternational and Immigration Law, February 2017In determining whether a violation has occurred, the Office of the Chief Administrative Hearing Officer, the adjudicative body that hears cases arising under the INA’s anti-discrimination provision, looks to relevant case law of the federal circuit in which the claim arises.
A crime involving moral turpitude: In search of a standardBy Patrick M. KinnallyInternational and Immigration Law, November 2016The phrase “crime involving moral turpitude,” since its inception in the Immigration and Nationality Act, has been criticized for its lack of definition and perplexing application to a variety of alleged deportable acts.
Ferreira v. LynchBy Natalie L. PesinInternational and Immigration Law, October 2016A summary of this recent case.
MemoBy Patrick M. Kinnally & Cindy G. BuysInternational and Immigration Law, October 2016The International and Immigration Law Section Council has approved and urges the Illinois State Bar Association to support an amendment to 725 ILSC 5/113-8 relating to guilty pleas to improve compliance with judicial notification of the immigration consequences of guilty pleas.
OK to ask applicants if they need immigration sponsorshipBy Michael R. LiedInternational and Immigration Law, October 2016An employer that asks questions designed to prefer certain classes of nonimmigrant visa holders (e.g., STEM OPT students) over other classes of nonimmigrant visa holders is unlikely to violate the INA’s prohibition against citizenship status discrimination.
Recent casesInternational and Immigration Law, October 2016Summaries of recent cases of interest to international & immigration law practitioners.
A useful resource: TRAC ImmigrationBy Patrick M. KinnallyInternational and Immigration Law, October 2016Anyone interested in immigration policy based on quantitative analysis should consider consulting TRAC Immigration (Transactional Records Access Clearinghouse).
Removal proceedings: A right of cross-examinationBy Patrick M. KinnallyInternational and Immigration Law, September 2016A recent opinion from our Seventh Circuit Court of Appeals, Karroumeh v. Lynch, is a fair example of why cross examination in immigration cases is a safeguard immigration courts need to not only implement, but require.
Career panel on immigration and international Law at University of Illinois College of LawBy David W. AubreyInternational and Immigration Law, June 2016On March 14, 2016, the U of I College of Law’s career services office and the law school library hosted a career panel on jobs related to international law, which included two members of the ISBA's Section on International & Immigration Law.
Homeland Security publishes new STEM OPT ruleBy Songhee SohnDiversity Leadership Council, June 2016This new rule makes far-reaching changes to the existing program and contains both opportunities and responsibilities for U.S. employers that employ recent foreign national graduates.
Legislative reportBy Cindy G. BuysInternational and Immigration Law, June 2016The ISBA's International & Immigration law Section Council has reviewed pertinent legislation currently before the Illinois General Assembly.
A red flag: Orders of Protection and deportability for resident aliensBy Patrick M. KinnallyInternational and Immigration Law, June 2016Recent case law shows what may amount to misdemeanor or perhaps civil violations of protection orders may have far-reaching consequences including removal from the United States.
Third Annual Immigration Law Update Live WebcastBy Tejas Shah & Scott PollockInternational and Immigration Law, June 2016On January 22, 2016, the ISBA’s International and Immigration Law Section presented its 3rd annual Immigration Law Update “Changes that Affect Your Practice and Clients,” a live webcast.
DHS publishes new STEM OPT Rule with effective date of May 10, 2016By Songhee SohnInternational and Immigration Law, April 2016This new rule makes far-reaching changes to the existing program and contains both opportunities and responsibilities for U.S. employers that employ recent foreign national graduates.
Recent casesInternational and Immigration Law, February 2016Recent cases of interest to international & immigration law practitioners.
New STEM OPT extension rules to extend the program have been proposedBy Tejas Shah, Songhee Sohn, & Peter LandInternational and Immigration Law, December 2015The proposed rules preview changes to the practical training guidelines for foreign students who are currently studying or have completed studies in the academic areas of science, technology, engineering and mathematics in the U.S. and elect to work to enhance their knowledge in a STEM field.
Undocumented, documented, or citizen?By Sofia ZneimerInternational and Immigration Law, December 2015This article maintains that the status of a non-citizen in the United States is not relevant and argues that such determination requires factual, statutory, regulatory, and case analysis, and requires expert opinion.
Conditional residency in immigration family law cases: Who has the burden of proof?By Patrick M. KinnallyInternational and Immigration Law, November 2015The court’s opinion in Gerardo Hernandez Lara v. Loretta E. Lynch explains precisely how USCIS, the immigration judge and BIA failed to understand the fundamental concepts of what constitutes a preponderance of the evidence and who has the burden of proof in a conditional residency waiver case.
Immigration status needs expert testimony if relevantBy Sofia ZneimerInternational and Immigration Law, November 2015A fictionalized account that illustrates that immigration law is simply too complex to permit either party to discuss immigration status without expert testimony.
Illinois appellate court takes position on special immigrant juvenile petitionBy Shannon M. ShepherdHuman and Civil Rights, October 2015In Estate of Nina L., the Illinois Appellate Court vacated the trial court’s refusal to make certain findings, which would allow a minor child to petition for immigration benefits as a Special Immigrant Juvenile.
Recent casesInternational and Immigration Law, September 2015Recent cases of interest to international & immigration law practitioners.
Recent H-2B program changes require careful planning by employersBy Tejas ShahInternational and Immigration Law, September 2015Given the flux and uncertainty within the H-2B program and the impact of the new IFR on recruitment timelines, employers with temporary worker needs during 2015 and the first half of 2016 are well-advised to begin planning now.
Recent H-2B program changes require careful planning by employersBy Tejas ShahCorporate Law Departments, September 2015Given the flux and uncertainty within the H-2B program and the impact of the new IFR on recruitment timelines, employers with temporary worker needs during 2015 and the first half of 2016 are well-advised to begin planning now.
Immigration reform and diversifying your workforceBy Edward N. Druck & Tejas ShahDiversity Leadership Council, June 2015Recent executive actions enacted by the President and the Department of Homeland Security are estimated to collectively provide work authorization to 4 million undocumented individuals across the U.S., and impact hundreds of thousands of individuals in the state of Illinois alone.
