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Category Archive
Immigration
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Everyone in NY Should Have a REAL ID by October 2020

The Department of Homeland Security (DHS) is setting new restrictions in place for commercial air travel. In order to board a domestic flight, enter a military base or nuclear power plant, or step into other federal facilities after October 1st, 2020, you must have a valid: Enhanced driver’s license or permit REAL ID S. Passport Read More

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Maintenance Contractor Pays $70,000 in Back Wages and Penalties for H-2B Visa Violations

An investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) revealed that Juan Vizcaino (doing business as Vizcaino LP in Odessa, Texas) violated provisions of the H-2B visa program for failing to properly record all hours that employees worked. Vizcaino did not count the time spent when employees loaded and unloaded equipment Read More

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Federal Judge Blocks Public Charge Rule

U.S. District Court judges have blocked the public charge rule that was planned to go into effect on Tuesday, October 15, 2019. Had it gone into effect, this rule would have drastically expanded the definition of a public charge, thus increasing the number of people who would be denied immigrant visas.  As a result of the Read More

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New York Becomes 13th State to Legalize Driver’s Licenses for Undocumented Immigrants

On June 17, 2019, the New York State Senate passed the Driver’s License Access and Privacy Act (also known as the Green Light Bill), that grants noncommercial driver’s licenses and learner’s permits to undocumented immigrants.  The bill passed with just one more vote than the minimum required, 33 to 29, and was signed into law by Governor Andrew M. Cuomo. Read More

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Unless Granted Parole, Detained Immigrants Ineligible for Release on Bond

On April 16, 2019, the Attorney General issued a crucial decision that impacts detained immigrants and their ability to be released from detention on a bond. The decision that is currently in effect has altered two matters, which are as follows: Overruling of Matter of X-K-. The respondent in this matter is a citizen of Read More

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New Spending Bill May Double H-2B Workers

A new piece of legislation is causing a lot of conversation and controversy in Congress. Senator John Thune (R-S.D.) introduced the “Prioritizing Help to Business Act” to help states with low unemployment during busy seasons. This bill proposes a huge change to the H-2B program, which offers permits to allow foreign nationals to temporarily work Read More

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New Order to Reopen Petitions from Young Immigrants Seeking Protection Under Special Immigrant Juvenile Program

On April 9, 2019, U.S. District Judge John Koeltl of the Southern District of New York finalized his March 15 judgement order. Judge Koeltl determined that the Department of Homeland Security’s unspoken policy of denying Special Immigrant Juvenile (SIJ) status petitions for those over the age of 18 was in violation of the law.  As Read More

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Supreme Court Rules in Favor of Government’s Authority to Detain Immigrants

Nielsen, Secretary of Homeland Security, ET AL. v. Preap ET AL.   On March 19, 2019, the U.S. Supreme Court upheld the government’s authority to detain immigrants at any time after their release from local or state custody — including individuals that have already completed prison terms — for criminal convictions potentially years ago. The Read More

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DHS Implements New Way to Conduct H-1B Lottery

If you are curious about the status of the H-1B visa—a popular work visa that is valid for three years and can be renewed for another three—under President Trump’s administration, here is the latest news.  Each year, the U.S. Citizenship and Immigration Service (USCIS) receives an immense number of applications for this work visa.  American Read More

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H-2B Visas: New Selection Procedure After iCert Server Crash

The H-2B visa program allows United States employers to hire foreign workers for nonagricultural services on a temporary basis. The H-2B visa program is an important resource for both employers as well as foreign workers. In order to qualify for it, the petitioning employer must show that: There aren’t enough U.S. workers who are able Read More

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