Immigration Law

Recent Posts

A.G. Barr Seeks to Push BIA Final Rule over Finish Line
Posted on 12 Apr 2019 by Daniel M. Kowalski

Tal Kopan, San Francisco Chronicle, Washington Bureau, Apr. 12, 2019 "Attorney General William Barr is making his first major moves on immigration policy since his confirmation, setting up big changes for the courts that decide whether immigrants... Read More

Tags: Regulation , barr , bia , eoir , USCIS

Asylum-Limiting Interim Final Rule May Drop This Week
Posted on 7 Nov 2018 by Daniel M. Kowalski

Dara Lind, Vox, Nov. 6, 2018 - "As soon as this week, the Trump administration is expected to issue a new asylum policy — ostensibly in response to the migrant “caravan” — that could have the effect of barring people who enter... Read More

Vox (Dara Lind) Exclusive: Draft Asylum Regulation Would Block Many Central Americans
Posted on 29 Jun 2018 by Daniel M. Kowalski

Dara Lind, Vox, June 29, 2018 - "The Department of Justice, under Attorney General Jeff Sessions, is drafting a plan that would totally overhaul asylum policy in the United States. Under the plan, people would be barred from getting asylum if they... Read More

Expert: Proposed Immigration Rule Attacks a 'Small Problem With a Big Stick'
Posted on 12 Jul 2018 by Daniel M. Kowalski

Victoria Macchi, Aline Barros, VOA, July 10, 2018 - "By the end of July, the Trump administration is expected to take a step closer to another sweeping policy shift that could block millions of foreigners from coming to the United States or from... Read More

Expert: Proposed Immigration Rule Attacks a 'Small Problem With a Big Stick'
Posted on 12 Jul 2018 by Daniel M. Kowalski

Victoria Macchi, Aline Barros, VOA, July 10, 2018 - "By the end of July, the Trump administration is expected to take a step closer to another sweeping policy shift that could block millions of foreigners from coming to the United States or from... Read More

Expert: Recision of H-4 EAD Regulation Could Take Months
Posted on 30 May 2018 by Daniel M. Kowalski

Carol Kuruvilla, HuffPo, May 30, 2018 - "[T]he Obama administration allowed H-4 visa holders whose spouses were already approved permanent residents to apply for a temporary employment authorization document, known as the H-4 EAD . Over 100,000 H... Read More

MPI: Nearly Half of All Noncitizens in U.S. Could Be Affected by Proposed Trump Administration Public Charge Rule, Up from Current 3 Percent
Posted on 12 Jun 2018 by Daniel M. Kowalski

MPI, June 12, 2018 - "A Trump administration draft proposed rule affecting lawfully present immigrants who use public benefits or tax credits for which they or their dependents are eligible would sharply expand the number who could find it more difficult... Read More

The End of NSEERS (Federal Register, Dec. 23, 2016)
Posted on 22 Dec 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 - "The Department of Homeland Security (DHS) is removing outdated regulations relating to an obsolete special registration program for certain nonimmigrants. DHS ceased use of the National... Read More

Preliminary Injunction Denied in H-4 EAD Lawsuit
Posted on 25 May 2015 by Daniel M. Kowalski

"Save Jobs has an obvious interest in protecting its members from additional competition in an already crowded job market, particularly given the circumstances of their terminations from SCE. However, DHS has a strong interest in moving ahead with... Read More

Advance Copy of DOS Final Rule: No Petition Needed for TN Visa for Mexicans
Posted on 7 Feb 2014 by Daniel M. Kowalski

"The Department of State amends its regulation pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for citizens of Mexico applying for nonimmigrant visa classification as NAFTA professionals. The rule... Read More

Details Emerge on I-140 EADs - Greg Siskind
Posted on 28 Dec 2015 by Daniel M. Kowalski

Greg Siskind, Dec. 25, 2015 - "While the long-anticipated I-140 EAD rule has not yet been published, the basic outline of the proposed policy changes have emerged. The proposed new I-765 employment authorization form instructions explains what will... Read More

8 CFR 204.5(m)(4) and (11) Ultra Vires: Shalom Pentecostal Church v. Beers
Posted on 16 Sep 2013 by Daniel M. Kowalski

"Because the Regulation is ultra vires, Plaintiffs’ motion for summary judgment is GRANTED to the extent it seeks to strike 8 C.F.R. §§ 204.5(m)(4) and (11). ... Here, Defendants’ sole basis for denial of the petition was the... Read More

Court Extends Deadline for New Post-Study STEM Work Rules
Posted on 11 Feb 2016 by Daniel M. Kowalski

ICEF, Feb. 5, 2016 - "What comes next, according to immigration attorney David Ware of the immigration law firm Ware Immigration, could be even more interesting. Mr Ware anticipates that the proposed regulatory changes may well lead to further litigation... Read More

Tags: Regulation , opt , Ware , lawsuit , STEM

DOS Final Rule: No Petition Needed for Mexican TNs
Posted on 9 Feb 2014 by Daniel M. Kowalski

"The Department of State amends its regulation pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for citizens of Mexico applying for nonimmigrant visa classification as NAFTA professionals. The rule... Read More

How OPT Became a Flash Point in the Immigration Debate
Posted on 20 Jan 2016 by Daniel M. Kowalski

Karin Fischer, Chronicle of Higher Education, Jan. 20, 2016 - "Thousands of foreign students could be forced to leave the United States if a challenge to an obscure federal program is not resolved in the next few weeks. The program, Optional Practical... Read More