Category Archives: Immigration

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Treatise Update: Fragomen on Immigration Fundamentals: A Guide to Law and Practice (Fifth Edition)

Fragomen on Immigration Fundamentals: A Guide to Law and Practice provides in-depth coverage of the rules, policies, and procedures related to key facets of immigration law in the United States. This includes employment-based and family-based immigration, other avenues for permanent residence, temporary (“nonimmigrant”) admissions for business, study, work, and other purposes, naturalization of foreign-born persons and acquisition of citizenship at birth, refugee and asylum law and other humanitarian protections under U.S. law, the denial of admission and removal of foreign nationals on security- and criminal-related grounds (and other statutory grounds), and the administrative and judicial review of unfavorable immigration determinations.

The new release includes updates to the following chapters:

  • Chapter 2 covers the new procedures pertaining to permanent labor certifications (PERM) that went into effect on June 1, 2023.
  • Chapter 5 discusses the new organizational account system for H-1B filings, under which multiple individuals within an organization and their immigration counsel can collaborate on and prepare registrations and petition filings.
  • Chapter 6 explains the USCIS guidance issued in September 2023 which establishes that asylum applicants must bring an interpreter to their interview if they are not fluent in English or wish to proceed with their interview in a language other than English.
  • Chapter 7 discusses a Texas law, S.B. 4, set to take effect in March 2024, which would create state offenses related to unlawful entry and unlawful presence which would allow Texas to arrest migrants suspected of crossing the Texas-Mexico border without authorization. In February 2024, a federal district court issued a preliminary injunction placing the law on temporary hold.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Fragomen on Immigration Fundamentals: A Guide to Law and Practice (Fifth Edition)

Fragomen on Immigration Fundamentals reveals the nuances of U.S. immigration law and practice along with the agency, legislative, and executive policies shaping the current environment for immigrants and asylum seekers. Packed with practical tips for employment-based and family-based immigration, avenues to permanent residence, naturalization obstacles, statutory admission denials, and the administrative and judicial review of unfavorable decisions, the book also features templatized immigration forms for key case milestones in the immigration process.

Some of the important recent developments discussed in this release include:

  • PERM applications: Coverage of the DOL’s transition of online PERM application filings from its legacy PERM Online portal to the FLAG system and the resulting restructuring of the application form (see section 2:2.5). For additional recent developments in the PERM context, check out this recent PLI Chronicle article, Wage Transparency Laws Add Extra Layer of Complexity to Labor Certification Recruitment.
  • Employer’s ability to pay: Discussion of the significantly expanded guidance from the USCIS regarding an employer’s ability to pay the proffered wage for immigrant petitions (see section 2:6.1[B]).
  • Age-out protection: Clarification of the requirements that children of permanent residents and derivative family members of principal family-based immigrants must meet to receive age-out protection (see section 3:3.4[A]).
  • Failure to apply in safe third country: Updates regarding the status of the Biden Administration’s rule creating a rebuttable presumption that migrants who attempt to cross the southern border without seeking asylum in a third country through which they traveled or procuring an asylum appointment through the CBP One mobile app are ineligible for asylum (see section 6:2.6[C][7]).
  • Screening of job applicants: New DOJ guidance provides helpful tips on avoiding citizenship status discrimination when complying with export control laws, reaffirming that employers cannot rely on them to limit jobs to U.S. citizens or workers with other citizenship or immigration statuses (see section 10:3.3[B]).

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Fragomen on Immigration Fundamentals: A Guide to Law and Practice (Fifth Edition) 

Fragomen on Immigration Fundamentals provides in-depth coverage of the rules, policies, and procedures related to key facets of immigration law in the United States. Throughout, the authors supplement analysis of recent cases, policies, and rules with practical guidance for both general practitioners and experienced immigration attorneys.

Some of the important recent developments discussed in this release include:

  • PERM Recruitment: §2:2.4[D][6] discusses how an August 2021 DOJ settlement agreement in a U.S. worker discrimination lawsuit against Facebook impacts government enforcement of the PERM program.
  • COVID-19: §2:10.3[A][3] and §3:4.1[C] reveal a new COVID-19 related requirement that green card applicants must satisfy in order to be deemed eligible for permanent residence. The new requirement is in­cluded in the routine medical examinations for both adjustment of status applicants in the United States and immigrant visa applicants applying at U.S. embassies and consulates abroad.
  • Work authorization for spouses: §5:6.3[B] and 10:3.4[N] cover a November 2021 announcement by the USCIS regarding the work authorization process for certain E, L-2, and H-4 spouses in response to a lawsuit that challenged the lengthy processing delays of EAD applications for dependents.
  • T nonimmigrants: In October 2021, USCIS issued comprehensive guidance in its Policy Manual regarding the adjudication of T nonimmigrant status applications for victims of severe forms of trafficking in persons (see §5:28.1[A]).
  • H-2B changing employers: §10:3.4[M] explains how a provision of a January 2022 DHS rule providing a cap increase for FY 2022 gives greater job flexibility to H-2B workers already in the United States.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Immigration Law Resources Webinar – This Thursday!

On Thursday, March 24 at 3:00 p.m. ET, PLI’s Associate Legal Editor Jenna Fiore will provide a brief demo to highlight the Immigration Law resources available on the research database PLI PLUS. Jenna will cover popular Immigration Law titles and review research scenarios to demonstrate key features of PLI PLUS.

POPULAR IMMIGRATION LAW TITLES AVAILABLE ON PLI PLUS INCLUDE:

This demo is part of PLI’s ongoing webinar series. Each month we highlight PLI’s resources in a different practice area while also demonstrating the overall functionality of the research database.  For registration and a list of upcoming webinars, visit PLI Practice Area Webinars.

Don’t Forget! PLI PLUS Immigration Law Webinar

On Thursday, April 23 at 2:00 p.m. ET PLI’s Library Relations Manager, Kay Mitchell, will provide a brief demo to highlight the Immigration Law resources available on Practising Law Institute’s (PLI) online research database, PLI PLUS. Kay will cover popular Immigration Law titles and review research scenarios to demonstrate key features of PLI PLUS. PLI PLUS subscribers can register here.

POPULAR IMMIGRATION LAW TITLES AVAILABLE ON PLI PLUS INCLUDE:

This demo is part of PLI’s ongoing webinar series. Each month we highlight PLI’s resources in a different practice area while also demonstrating the overall functionality of the research database.  For registration and a list of upcoming webinars, visit PLI Practice Area Webinars.

Treatise Update: Fragomen on Immigration Fundamentals

Offering in-depth coverage of bedrock immigration legislation, the latest USCIS rules and programs, and pivotal court decisions, Fragomen on Immigration Fundamentals: A Guide to Law and Practice (Fifth Edition) provides the legal and procedural knowledge to work more efficiently and effectively with employers, noncitizens, nonimmigrants, refugees, naturalized citizens, and government officials.

The latest release for Fragomen on Immigration Fundamentals updates the following chapters:

Among the new developments covered in this release are:

  • Public charge determinations: The Trump administration has implemented strict new standards for determining whether an adjustment applicant or immigrant visa applicant is, or is likely to become, a public charge. The new rules require officials to weigh a number of factors rather than reviewing only the sponsor’s financial information, and lengthen the list of public benefits to be considered in the review. New section 3:4.3[F], Public Charge Determinations.
  • Southwest border crisis: In August 2019, DHS and HHS issued a new rule relating to the detention of minors, which, in their view, terminates the Flores agreement. The rule creates an alternative licensing scheme that allows the detention of families together in the same facility; states that the criteria governing the parole of persons in expedited removal proceedings apply to minors, as well as to adults; and states that bond redetermination hearings are only available to minors in regular, not expedited, removal proceedings. Section 7:5.7[A], Trump Administration Policies.
  • Asylum claims: The USCIS and EOIR issued a joint rule in July 2019 that bars asylum claims by individuals who enter or attempt to enter the United States across the southern land border after failing to apply for protection from persecution or torture while in a third country through which they transited. That same month, a California district court issued a nationwide preliminary injunction, but the Ninth Circuit limited the reach of the injunction to cases arising within that circuit. New Section 6:2.6[C][7], Failure to Apply in Safe Third Country.
  • Expedited removal: Pursuant to new directive, in July 2019, Acting Secretary McAleenan designated for expedited removal two additional categories of persons. Section 7:5.6[A], Classes of Individuals Subject to Expedited Removal.

This essential treatise is available on PLI PLUS. If you would like to order a print copy, please contact LibraryRelations@pli.edu.

Practice Area Webinars – Law School Summer Schedule

Sign up today for PLI’s monthly webinar series on PLI PLUS for law school librarians. Each monthly webinar will cover a different practice area; while also demonstrating the overall functionality of the research database.

These webinars are meant to be a convenient way to learn more about PLI content in an area of the law. Each webinar will start with an overview of relevant PLI resources to be followed by research scenarios. Attendees are welcome to submit their own research questions and scenarios up to one week prior to the webinar.

If you are interested in participating, please send an RSVP to PLUS@pli.edu.

Upcoming webinars:

MAY: Wednesday, May 29, 2019, 2:00pm ET: Immigration Law

JUNE: Wednesday, June 26, 2019, 2:00pm ET: Real Estate Law

JULY: Wednesday, July 31, 2019, 2:00pm ET: Tax Law

AUGUST: Wednesday, August 28, 2019, 2:00pm ET Corporate Law

Sign Up Today — PLI PLUS Practice Area Webinars

PLI is introducing a monthly webinar series on PLI PLUS for law school librarians. Each monthly webinar will cover a different practice area; while also demonstrating the overall functionality of the research database.

These webinars are meant to be a convenient way to learn more about PLI content in an area of the law. Each webinar will start with an overview of relevant PLI resources to be followed by three research scenarios. Attendees are welcome to submit their own research questions and scenarios up to one week prior to the webinar.

If you are interested in participating, please send an RSVP to PLUS@pli.edu.

Upcoming webinars:

MARCH: Wednesday, March, 27, 2019, 2:00pm ET: Intellectual Property Law

APRIL: Wednesday, April 24, 2019, 2:00pm ET: Cybersecurity

MAY: Wednesday, May 29, 2019, 2:00pm ET:  Immigration Law

Stay tuned for the summer schedule!