LexisNexis® Legal Newsroom
Racial Profiling Banned...Except at the Border

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 to protective, inspection, or screening activities...

DACA, DAPA Reviews Lead to ICE Releases

"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 of U.S. citizens or legal permanent residents...

OFLC Issues Additional Guidance on H-2Bs, CATA, Surveys

"On Dec. 23, 2014, the Department announced procedures to implement the Court's decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Perez, No. 14-3557 (3rd Cir.Dec. 5, 2014), which were applicable to (1) employers with pending prevailing wage requests based on an employer-provided...

OSC Guidance: Employee Admits Original I-9 Documents Were Fraudulent - Bruce Buchanan

"On January 8, 2015, the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued a Technical Assistance Letter (TAL) concerning potential discrimination issues arising when an employee presents an employer with new work authorization documents and admits that documents...

New L-1B Visa Guidance to be Released Soon: Obama

"President Barack Obama on Monday announced that a long-awaited update for L-1B visas — which allow companies to temporarily transfer skilled foreign workers to the U.S. — is soon on its way, and he also unveiled new tools for foreign investors and touted current trade deals. Obama,...

Will the New L-1B Guidance Bring Fewer Denials...Or More of the Same? - Gary Endelman & Cyrus D. Mehta

" If there is one visa uniquely suited to advance America’s competitive position in the global marketplace, it is the L-1B intra-company transferee visa for specialized knowledge employees. In an increasingly specialized economy where expertise should trump nationality, the notion of “specialized...

USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses

"USCIS has published information to help eligible H-4 dependent spouses who want to apply for employment authorization under the Employment Authorization for Certain H-4 Dependent Spouses final rule . You can view the information on: The Employment Authorization for Certain H-4 Dependent...

USCIS Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

"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 (LCA) is required due to a change in the H...

USCIS Policy Memo: Updated Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement

"The purpose of this policy memorandum (PM) is to update the guidance previously provided to U.S. Citizenship and Immigration Services (USCIS) personnel in PM-602-0034: Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement, in light of the recent agreement entered into...

ICE Issues Guidance on Care of Transgender Individuals in Custody

"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 reaffirms ICE’s commitment to provide...

USCIS Interim Memo for Comment - Guidance on Conducting Form I-604, Determination on Child for Adoption, Orphan Determinations

"This policy memorandum (PM) provides guidance on conducting Form I-604 orphan determinations associated with each Form I-600, Petition to Classify Orphan as an Immediate Relative, adjudication. This PM revises Chapter 21.5(d) of the Adjudicator’s Field Manual (AFM); AFM Update AD14-06."...

Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC

"On April 9, 2015, the precedent decision Matter of Simeio Solutions, LLC (Simeio) was issued. This decision represents the USCIS position that H-1B petitioners are required to file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing...

USCIS Clarifies Eligibility Requirements for Modifications to the Oath of Allegiance

"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 normally declare that they will “bear...

Guidance On H-1B Work Moves Leaves Penalties In Play - Law360

"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 attorneys to weigh possible client costs against...

Cyrus D. Mehta - To Amend or Not to Amend: USCIS Issues Final Simeio Guidance

"U.S. Citizenship and Immigration Services (USCIS) issued final guidance on July 21, 2015, instructing when an employer should file an amended or new H-1B petition following Matter of Simeio Solutions, LLC (Simeio). In Simeio, a precedent decision issued on April 9, 2015, the Administrative Appeals...

USCIS Policy Memo: Duran Gonzalez Settlement Implementation (Aug. 25, 2015)

SUBJECT : Additional Guidance for Implementation of the Settlement Agreement in Duran Gonzalez v. Department of Homeland Security—Adjudication of Requests for U.S. Citizenship and Immigration Services (USCIS) Motions to Reopen Certain Consent to Reapply and Adjustment of Status Applications Filed...

Recent USCIS Policy Manual Updates (July 2015)

POLICY ALERT – Modifications to Oath of Allegiance for Naturalization July 21, 2015 ​U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to clarify the eligibility requirements for modifications to the Oath of Renunciation and Allegiance for naturalization. Technical...

Joint DHS / DOJ Guidance on Internal I-9 Audits

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 Employment Eligibility Verification Form I-9...

DOS Cable: New Guidance on H-1B Adjudications Involving Changes in Place of Employment

Department of State, Nov. 30, 2015 - "On April 9, 2015, USCIS' Administrative Appeals Office issued the precedent decision, Matter of Simeio Solutions, LLC, (Simeio), which held that an H-1B petitioner must file an amended or new H-1B petition when a new labor condition application (LCA) is...

DOL Posts Emergency H-2B Guidance

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 Foreign Labor Certification's (OFLC) administration...

USCIS Policy Alert - Determining Extreme Hardship

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 final guidance is adopted after publication of draft...

SEVP Policy Guidance (Oct. 28, 2016)

ICE, Oct. 28, 2016 - "This guidance interprets the evidentiary requirements for the Student and Exchange Visitor Program (SEVP) certification of schools that do not meet one of the three requirements in 8 CFR 214.3(b) and (c) to guide SEVP adjudicators."

AILA FOIA Litigation Spurs Issuance of Guidance re Definition of 'Record'

DOJ OIP, Jan. 11, 2017 - "OIP ISSUES NEW GUIDANCE ON THE DEFINITION OF A RECORD AND THE PROCESSING OF RECORDS RESPONSIVE TO A REQUEST One of the first questions that an agency must answer as it begins to process a FOIA request is: “What exactly is the requester seeking?” The answer...

NY Atty. Gen. Post Legal Tools To Protect Immigrant Communities in Anticipation of Trump Crackdown

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 agencies with a legal roadmap for improving public...

USCIS Issues Revised TRIG Hold Guidance (Oct. 19, 2017)

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"