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Instruct Us Again on the Immigration Rules

"That some federal officers, such as the swoop-down visitors from USCIS's Fraud Detection and Nationality Security Directorate , would try to defy Constitutional protections and black-letter administrative law through the back-door rewriting of the instructions to an immigration form is...

IRS Tightens ITIN Rules

Here is the Dec. 2012 news recap ; the Nov. 2012 IRS bulletins are here and here .

DHS to Adopt New Rules on Immigration Detention Abuse

" Immigrants detained in facilities run by the Department of Homeland Security are a step closer to having similar protections from sexual abuse as inmates in the U.S. prison system. The DHS announced the new rules today for its detention facilities." - Sarah Childress, Dec. 6, 2012 .

CA4 on H-2A Regulatory Whiplash: North Carolina Growers' Association, Inc. v. Solis

"This appeal involves a regulatory action by the Department of Labor (the Department), which suspended various regulations for temporary agricultural workers and reinstated other prior regulations. We primarily consider: (1) whether the Department’s action constituted "rule making"...

11th Circuit Holds Labor Department Has No Authority to Issue H-2B Rules

" Today the United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Northern District of Florida enjoining the Department of Labor (DOL) from enforcing its non-immigrant non-agricultural unskilled labor visa program (H-2B) in Bayou...

H-2B Visa Uproar: Gridlock, Chaos...or Opportunity?

On March 21, 2013 the U.S. District Court for the Eastern District of Pennsylvania enjoined and vacated the 2008 Wage Rule . As of March 22, 2013, DOL began to " hold[...]in abeyance the issuance of final determinations on most pending H-2B applications for temporary labor certification and those...

Tangled H-2B Web - Update

Angelo A. Paparelli writes : "This post -- originally published on March 31, 2013 -- is a guest column ( updated on April 3, 2013 ) to reflect actions by the 11th Circuit Court of Appeals and U.S. Citizenship and Immigration Services. The original post was authored by a former federal government...

SEC Clears Way (with Strict Rules) to Attract EB-5 Immigrant Investors

On July 12, 2013 Bernard P. Wolfsdorf and Adam Francoeur wrote : " Following the April passage of the Jumpstart Our Business Startups Act (“JOBS Act”), the Securities and Exchange Commission (SEC) announced the elimination of the ban against general solicitation for Regulation D offerings...

Easing the Guidance Document Dilemma Agency by Agency: Immigration Law and Not Really Binding Rules

"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 rules, often called guidance documents. The agency...

EOIR Set to Publish Representation Rules

EOIR, Sept. 16, 2015 - EOIR Publishes Rules Regarding Legal Representation " The Executive Office for Immigration Review (EOIR) today announced that the Deputy Attorney General has signed for publication in the Federal Register one proposed rule and two final rules, each addressing various aspects...

EOIR Rules (Two Final, One Proposed) in Oct. 1st Federal Register

List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings - "This final rule adopts, as amended, the proposed rule entitled “List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings.” The final rule changes the name of the “List of...

EOIR Publishes Representation Rules

1. Separate Representation for Custody and Bond Proceedings - "This final rule adopts, without change, the proposed rule ‘‘Separate Representation for Custody and Bond Proceedings’’ as published in the Federal Register on September 17, 2014. Specifically, this final rule...