Shergill et al, v Mayorkas (21-cv-1296-RSM), a class action lawsuit, was filed by The American Immigration Lawyers Association (“AILA”) and its litigation partners Wasden Banias and Steven Brown, to address the extensive delays at United States Citizenship and Immigration Services (“USCIS”) in processing Employment Authorization Document (EAD) applications for dependent spouses of H-1B and L nonimmigrant visa holders. On November 10, 2021, AILA announced a settlement had been reached with the U.S. Department of Homeland Security (DHS) in the Shergill case, under which USCIS agreed to allow continued work authorization for certain H-4 and L-2 EAD applicants whose applications remained pending with USCIS. USCIS reversed its policy that prevented H-4 spouses “from benefiting from automatic extension of their employment authorization during the pendency of standalone employment authorization document (EAD) applications.” USCIS also agreed to implement policy guidance within 120 days to provide work authorization for L-2 spouses without requiring an EAD card.
Read moreAILA files Lawsuit Challenging H-1B Wage-Based Selection Process
On Monday, May 17, 2021 under the representation of the American Immigration Lawyers Association (AILA), five nonprofit organizations and businesses filed a lawsuit against President Joe Biden’s administration challenging the move from an H-1B lottery system to a wage-based selection process.
The suit addresses the implementation of a Trump administration regulation that replaced the H-1B random, computerized H-1B lottery with a system that allocates H-1B visa numbers according to the Department of Labor’s four-level wage system. The final rule which was made effective as of March 9, 2021, and later delayed by the Biden administration to December 31, 2021, gives priority in the H-1B selection process to foreign nationals whose offered salary falls within the highest level of their occupation, continuing on to select cases in descending order from OES wage levels III, II and I.
Read moreGood Lawyers
Hello from Transamerica Pyramid Center and the Sentinel Building
On a break from the many excellent panels and sessions at the annual conference for the American Immigration Lawyers Association (AILA), I managed to get a wonderful look at two iconic San Francisco buildings. On the left is the famous Transamerica Pyramid Center, designed specifically by William Pereira & Associates to "allow natural light and fresh air to filter down to the streets below." On the right is the Sentinel Building, which I was not familiar with prior to this trip. The building has had a number of owners and tenants since its completion in 1907, but is currently owned by Francis Ford Coppola, who bought the building in 1972 to be the headquarters for his production company, American Zoetrope, from where the cafe on the ground floor gets its name. Films including the Godfather II and III, Apocalypse Now, The Conversation, One From the Heart, The Outsiders, and Dracula were written, edited, or sound mixed inside this pretty green building. Perhaps they'd like a law firm tenant?
Rome District Chapter Madrid Conference
I am in Madrid for the American Immigration Lawyers Association (AILA) Rome District Chapter spring conference. Over the course of two intense days, presenters have discussed such timely topics as the travel ban and waivers, interviews for employment-based adjustment cases, increased incidences of administrative processing, general issues regarding "extreme vetting," as well as always relevant topics such as “must-haves” for a successful E-1 and E-2 application. Earlier today we even got a tour of the US Embassy in Madrid. (Sadly, they didn't let us take pictures.) Attending these conferences is an excellent way for immigration practitioners such as myself to hear the latest tips and strategies and stay up-to-date on developments in the immigration law world. Now let's have some jamon ibérico!
Immigration and Beignets: Highlights of the AILA Annual Conference June 2017
Last week, I attended my very first American Immigration Lawyers Association (AILA) annual conference. Lucky for me, it was in New Orleans, a city I have long wanted to visit. Protima and I had a great time touring the city, eating delicious food, and, oh yes, learning about immigration law! Being an AILA conference beginner, there was a lot to take in—four full days of panels was both exciting and exhausting. Here are some highlights of the experience.
Read moreLeaving Las Vegas: Highlights of the AILA Annual Conference June 2016
Despite the oft-repeated phrase, “What happens in Vegas, stays in Vegas,” I am bravely willing to throw caution to the wind and re-cap this year’s American Immigration Lawyers Association (AILA) annual conference that ran from June 23rd through the 25th in Las Vegas, Nevada. Both Protima and I attended three days of meetings held at the Cosmopolitan Hotel on the Vegas strip where thousands of lawyers swarmed a hotel typically filled with gamblers and partygoers. We did our best to fit in.
Read moreFrom One Canyon to the Next
After I celebrated summer solstice this week in New York City's canyons, I departed to Las Vegas for the American Immigration Lawyers Association (AILA) summer conference. In between informational seminars and chatting with US Citizenship & Immigration Citizenship (USCIS) officers about how they're adjudicating cases these days, I managed to sneak out to the Grand Canyon. Sadly I didn't get a good sunset photo as I had to head back to the conference. But on the plus side so far I've managed not to gamble away the firm!
All US Embassies and Consulates Will Be Closed on October 9
The State Department informed the American Immigration Lawyers Association (AILA) that due to a Department of State consular systems upgrade, consular operations at all US Embassies and Consulates will be closed to the public on Friday, October 9, 2015. Individuals who already have an appointment scheduled for October 9 will be contacted to reschedule. Application Service Centers (ASCs) connected to certain posts may also experience closures. Applicants should review individual consular websites for additional information in the coming week, and also should prepare for possible delays in visa issuance after this date.
AILA: Delays in Production of Work Authorization and Green Cards
The American Immigration Lawyers Association (AILA) is reporting that there are delays in the issuance of employment authorization and permanent resident cards (aka Green Cards) after approvals of I-765 and I-485 applications. US Citizenship & Immigration Services (USCIS) has confirmed through AILA that because the card production facility in Corbin, KY is undergoing maintenance, all card production work has been transferred to the facility in Lee's Summit, MO, resulting in a production backlog. Recipients may therefore not receive their cards until two to three weeks after application approval. USCIS anticipates that the backlog will be resolved in September 2015.