Immigration Law

Recent Posts

NY Restaurant Chain Denied Immigration Docs In FLSA Suit - Law360
Posted on 8 Jul 2015 by Daniel M. Kowalski

Law360, July 8, 2015 - " Alice's Tea Cup LLC, a Manhattan cafe chain that has been sued by workers claiming they were stiffed on overtime pay, cannot obtain discovery of information related to the workers' immigration status or tax returns... Read More

NLRB OGC Memo: Updated Procedures in Addressing Immigration Status Issues that Arise During Unfair Labor Practice Proceedings
Posted on 11 Mar 2015 by Daniel M. Kowalski

"The NLRA protects all employees covered by the Act regardless of immigration status; however, immigration status issues may affect remedies and present certain obstacles for enforcing the Act. This memorandum provides updated procedures that will... Read More

Tags: immigration , status , ogc , memo , NLRB

CA5 on Admission, Status: Gomez v. Lynch
Posted on 6 Aug 2016 by Daniel M. Kowalski

Gomez v. Lynch, Aug. 5, 2016 - "After representing throughout the litigation that there was no record of Gomez’s purported 1993 admission (and asserting at oral argument that records from the relevant time period did not exist at all ), the... Read More

Phantom Visa Statuses - Cyrus D. Mehta
Posted on 26 May 2015 by Daniel M. Kowalski

"Is there any leeway in the US visa system that might enable foreign nationals to pursue interests outside the narrow purpose of their entry without jeopardizing their visa status? One who comes on an H-1B visa to work for a specific employer as... Read More

Tags: mehta , status , phantom

New California Statutes Affect Immigrants, Regardless of Status
Posted on 11 Aug 2015 by Daniel M. Kowalski

"Gov. Jerry Brown signed a trio of immigration-related measures Monday, including one removing the word “alien” from California’s labor code because it is seen as a disparaging term for those not born in the United States. Brown... Read More

The Ties That Bind: Can Family Unity Co-Exist With LPR Status?
Posted on 10 Jul 2012 by Daniel M. Kowalski

" The main lesson learned from Lateef v. Holder is that waiting outside the US with your loved ones, until they can immigrate to the US, can result in abandonment of your green card. Due to the tremendous backlogs in the family-based immigration... Read More