Immigration Law

Recent Posts

USCIS Issues Revised TRIG Hold Guidance (Oct. 19, 2017)
Posted on 1 Nov 2017 by Daniel M. Kowalski

USCIS, Oct. 19, 2017 - "Revised Guidance for Processing Cases Subject to Terrorism-Related Inadmissibility Grounds and Rescission of the Prior Hold Policy for Such Cases" Read More

Tags: trig , guidance , policy , USCIS

DOL Posts Emergency H-2B Guidance
Posted on 30 Dec 2015 by Daniel M. Kowalski

DOL, Dec. 29, 2015 - " The 2016 Department of Labor Appropriations Act, (Division H, Title I of Public Law 114-113) (2016 DOL Appropriations Act) which was signed into law on December 18, 2015, contains several provisions impacting the Office of... Read More

Tags: guidance , H-2B

NY Atty. Gen. Post Legal Tools To Protect Immigrant Communities in Anticipation of Trump Crackdown
Posted on 20 Jan 2017 by Daniel M. Kowalski

New York Attorney General Eric T. Schneiderman, Jan. 19, 2017 - "Anticipating potential changes in federal immigration enforcement practices and priorities, Attorney General Eric T. Schneiderman today provided local governments and law enforcement... Read More

ICE Issues Guidance on Care of Transgender Individuals in Custody
Posted on 29 Jun 2015 by Daniel M. Kowalski

"U.S. Immigration and Customs Enforcement’s (ICE), Office of Enforcement and Removal Operations (ERO) issued further guidance to personnel on how to care for transgender individuals in custodial settings. “The Transgender Care Memorandum... Read More

Education, Justice Departments Update Plyler Guidance
Posted on 8 May 2014 by Daniel M. Kowalski

"Attorney General Eric Holder and Secretary Arne Duncan today announced updated guidance to assist public elementary and secondary schools to ensure enrollment processes are consistent with the law and fulfill their obligation to provide all children... Read More

Racial Profiling Banned...Except at the Border
Posted on 9 Dec 2014 by Daniel M. Kowalski

GUIDANCE FOR FEDERAL LAW ENFORCEMENT AGENCIES REGARDING THE USE OF RACE, ETHNICITY, GENDER, NATIONAL ORIGIN, RELIGION, SEXUAL ORIENTATION, OR GENDER IDENTITY [T]his Guidance does not apply to interdiction activities in the vicinity of the border, or... Read More

Joint DHS / DOJ Guidance on Internal I-9 Audits
Posted on 15 Dec 2015 by Daniel M. Kowalski

Dec. 14, 2015 - "The Department of Justice’s Civil Rights Division and the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE) announced today the issuance of a joint Guidance for Employers Conducting Internal... Read More

Tags: guidance , audit , I-9 , DHS , DOJ

DACA, DAPA Reviews Lead to ICE Releases
Posted on 2 Jan 2015 by Daniel M. Kowalski

"More than 200 people have been released from immigration custody in Arizona in the last month following the Department of Homeland Security’s new enforcement priorities, ICE officials said. On Nov. 20, President Obama announced that parents... Read More

USCIS Policy Alert: Comprehensive Citizenship and Naturalization Policy Guidance
Posted on 23 Jan 2013 by Daniel M. Kowalski

"This guidance, contained in Volume 12 of the Policy Manual , replaces the naturalization and citizenship policy guidance found in Chapters 71, 72, 73, 74, 75 and 76 of the Adjudicator’s Field Manual (AFM), the AFM’s related appendices... Read More

USCIS Policy Alert - Determining Extreme Hardship
Posted on 23 Oct 2016 by Daniel M. Kowalski

USCIS, Oct 21, 2016 - "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on determinations of extreme hardship to qualifying relatives as required by certain statutory waiver provisions. This... Read More

USCIS Clarifies Eligibility Requirements for Modifications to the Oath of Allegiance
Posted on 22 Jul 2015 by Daniel M. Kowalski

"Effective July 21, 2015, new guidance ( PA-2015-001 ) in the USCIS Policy Manual clarifies the eligibility requirements for modifications to the Oath of Allegiance . Reciting the Oath is part of the naturalization process. Candidates for citizenship... Read More

Guidance On H-1B Work Moves Leaves Penalties In Play - Law360
Posted on 23 Jul 2015 by Daniel M. Kowalski

"Guidance on H-1B work site changes issued by U.S. Citizenship and Immigration Services on Tuesday eased a harsh filing deadline but did not shut the door on future punishments for employers who don’t amend petitions based on old moves, forcing... Read More

USCIS Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision
Posted on 22 May 2015 by Daniel M. Kowalski

"On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC , which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers... Read More

DOS Cable on DOMA
Posted on 2 Aug 2013 by Daniel M. Kowalski

"UNCLASSIFIED STATE 00112850 AUG 13 SUBJECT: NEXT STEPS ON DOMA - GUIDANCE FOR POSTS 1. On June 26, 2013, the Supreme Court held Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. That decision has many immigration-related... Read More

Tags: guidance , dos , DOMA , cable

Easing the Guidance Document Dilemma Agency by Agency: Immigration Law and Not Really Binding Rules
Posted on 10 Jan 2014 by Daniel M. Kowalski

"Immigration law relies on rules that bind effectively, but not legally, to adjudicate millions of applications for immigration benefits every year. This article provides a blueprint for immigration law to improve its use of these practically binding... Read More