SDNY Decision First Enjoins USCIS From Enforcing New Public Charge Rules Nationwide; Second Circuit Limits Scope

A New York federal court temporarily blocked U.S. Citizenship and Immigration Services (USCIS) from implementing rules regarding inadmissibility on public charge grounds amid the COVID-19 pandemic. Subsequently, the Second Circuit Court of Appeals limited the injunction only to states within the Second Circuit. On July 29, 2020, the U.S. District Court for the Southern District …

New CRS Report on the Visa Waiver Program

The Congressional Research Service (CRS) recently issued a report providing updated information about the Visa Waiver Program (VWP). The VWP enables foreign nationals from 39 countries to travel to the United States as temporary visitors for pleasure or business without applying for a visa. The June 29, 2020, CRS report noted a consistent increase in …

DOJ Settles Discrimination Case With Rhode Island Employer

The U.S. Department of Justice (DOJ) on June 3, 2020, reached a settlement with a Rhode Island manufacturing business over an immigration-related claim that alleged discrimination and retaliation against a U.S. citizen employee. ChemArt, a company that manufactures ornaments and collectibles, offered the worker a human resources position. The employer then unlawfully asked her to …

Supreme Court Chastises the 9th Circuit in an Immigration Case

The U.S. Supreme Court on May 7, 2020, unanimously vacated a 9th Circuit Court of Appeals decision in a case that punishes encouraging illegal immigration for financial gain. The justices found that the federal court of appeals overstepped its authority in declaring the immigration statute unconstitutionally overbroad by going beyond what the defense presented. The …

CRS Report Addresses the Employment Based Immigration Backlog

The employment-based immigration backlog for lawful permanent residence in the United States is expected to double by 2030, according to a Congressional Research Service (CRS) report published on March 26, 2020. The report provides an analysis of the projected priority date wait times for three employment-based immigration categories — EB1, EB2 and EB3 — along …

United States Places Arrival Restrictions on Flights from China, Iran and Europe

The Trump Administration has announced a number of travel restrictions in an effort to contain the novel coronavirus (COVID-19) outbreak. All foreign nationals from China and Iran are barred from entering the United States, as well as individuals who visited these countries in the 14 days prior to their scheduled U.S. arrival. The China travel restrictions …

Rabinowitz & Rabinowitz, P.C.’s Announcement About COVID-19

A message to our valued clients and business associates: At Rabinowitz & Rabinowitz, P.C., the health, safety and overall well being of our clients, business associates and the DFW community as a whole is of the utmost importance to us. Given the increasing concern surrounding the recent pandemic of COVID-19, otherwise known as the novel …

CRS Issues Report on Repurposing Funds to Build a Border Wall

The Congressional Research Service (CRS) published a report that examines the federal statutes that the Trump Administration has cited to repurpose funds from existing appropriations to construct a wall along the U.S.-Mexico border. CRS also discussed multiple lawsuits that have been filed challenging the Administration’s actions. Congress appropriated $1.375 billion to the Department of Homeland …

USCIS to Limit Some Nonimmigrant Change or Extension of Status Applicants Based on New Public Charge Rule

The Department of Homeland Security (DHS) on August 14, 2019, announced its final rule on inadmissibility on public charge grounds that imposes a new public benefit condition on individuals who apply for a change or extension of nonimmigrant status. The new rule was originally scheduled to take effect on October 15, 2019. But on October …

USCIS Issues Proposed New H-1B Registration Rules

U.S. Citizenship and Immigration Services (USCIS) has proposed a rule change that requires each H-1B petitioning employer to pay a $10 filing fee for every electronic registration submitted to the agency for each H-1B worker who is to be counted in the H-1B cap selection. H-1B petitioning employers whose foreign national beneficiary qualifies for the …