Immigration Alert: Court Allows DACA Protections to Continue while Lawsuit is Pending

A federal court judge in Texas has ruled in favor of keeping DACA in place for the time being, denying a request for a preliminary injunction that would have immediately halted DACA protections, but indicating the likelihood that DACA will be held illegal in final rulings. DACA, or the Deferred Action for Childhood Arrivals program,
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Immigration Alert: USCIS Premium Processing Suspension Expanded & Extended For H-1B Petitions

The U.S. Citizenship and Immigration Services (USCIS) announced today that it will extend and expand the suspension of Premium Processing for certain H-1B petitions for a period estimated through at least February 19, 2019. Background on Premium Processing: H-1B petitions filed under the regular processing method have been increasingly subject to lengthy adjudication times from
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Labor and Employment Alert: New York State and New York City Sexual Harassment Laws to Take Effect

In our April 24, 2018 alert, we reviewed the newly enacted New York State and New York City sexual harassment laws that were coming into effect later in the year. As New York State and New York City publish guidance on these new laws, it is a good time for employers to review their policies to
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Immigration Alert: USCIS Provides Updated Guidance for STEM OPT

On August 17, 2018, USCIS updated its website to clarify obligations and reporting responsibilities for employees and employers participating in the F-1 STEM OPT program, including obligations related to training at third-party sites, staffing and temporary agencies. Significantly, USCIS clarified that training may take place at third party sites, if certain conditions are met and
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Immigration Alert: New Policy Imposes Stiff Penalties for F, J and M Nonimmigrants Who Fail to Maintain Status

Effective August 9, 2018, nonimmigrants in F, J and M status who fail to maintain status will begin to accrue unlawful presence, irrespective of whether there has been an official or formal finding by the Department of Homeland Security on the matter. This is a significant departure from past practice, and one that eliminates a
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Brian Brokate and Maja Szumarska Co-Author Article on Ex Parte Seizure Orders

IP attorneys Brian Brokate and Maja Szumarska co-authored the article “Ex Parte Seizure Orders Under 15 U.S.C. § 1116(d) (Section 34 of the Lanham Act): Recent Developments in Case Law.” The article was published in the May–June 2018 issue of The Trademark Reporter. The article provides a summary of recent counterfeiting cases and highlights the
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Immigration Alert: Supreme Court Upholds President’s Travel Ban

On June 26, 2018, the Supreme Court upheld the Trump Administration’s ban restricting nonimmigrant and immigrant entry for certain foreign nationals who are citizens or nationals of seven countries: Libya, North Korea, Syria, Venezuela, Yemen, Iran and Somalia. The decision lifts the temporary injunctions issued by the lower courts, and remands the cases for hearing
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Zarina Syed to Speak on H-1B Specialty Workers Visa at AILA Annual Conference

Immigration Attorney Zarina Syed will speak at the 2018 AILA Annual Conference on Immigration Law “Building Bridges and Standing for Justice” in San Francisco from June 13 – 16. Her presentation is titled “Intro to H-1B Specialty Workers.” The panel will provide a basic overview of the complexities of the H-1B visa category and how
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David Johnson and Stephen Millington Speak on Emerging Business Issues

Immigration Counsel David Johnson and Corporate Associate Stephen Millington spoke at a joint presentation with Innovation Norway and Nordic Innovation House on May 29. David and Stephen discussed key legal issues for Nordic companies to consider when establishing a presence in the United States. Topics included corporate entity formation and tax considerations and visa and immigration matters. David
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Immigration Alert: FY2019 H-1B Cap Random Selection Process Complete

On May 15, 2018, United States Citizenship and Immigration Services (USCIS) announced that it completed the computer-generated random lottery selection process for cap-subject H-1B petitions filed for Fiscal Year (FY) 2019 (October 1, 2018 to September 30, 2019). The H-1B Cap Lottery Process USCIS received 190,098 new H-1B petitions for FY2019, exceeding the 65,000 visas
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