Immigration Law

The harboring provision of the Immigration and Nationality Act criminalizes the act of “concealing, harboring, or shielding from detection” any alien who is unlawfully present in the United States. This article examines a few federal cases to illustrate the doctrinal contours of harboring — drawing a clear distinction between active concealment and passive accommodation.

This year's update from the U.S. Citizenship and Immigration Service for O-1B visa petitions has knock-on effects for the movie and TV industries. The update has clarified the correct standard of adjudication for an individual with both elements of an O-1B artist and O-1B motion-picture-and-television-industry (MPTV) classification, meaning situations where a foreign national will be working in the U.S. as an artist, but some of their work will be in MPTV.

The Country Is In Dire Need of Experts Who Possess the Advanced Knowledge, Skills and Experience Required to Combat Cybersecurity Crimes In an effort to protect our financial, personal, medical, and otherwise confidential data, as well as our election systems, we need to continue to attract and employ the services of the most qualified cybersecurity experts from around the world. However, at present, there is a dire shortage of such qualified experts in the United States.

This article addresses the history of Form I-9 and current initiatives underway by DHS.

Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge's finding of a fraudulent marriage was not based on proper evidence.

A company's desire for talent mobility may face hurdles and roadblocks in securing work authorization for their employees as part of an international move. How, then, can companies align their global mobility objectives with rapidly changing immigration rules and regulations?

What Can We Tell So Far?

How can companies plan for enforcement under the Trump administration? Here are five areas of compliance to consider.

Possible Regulatory Enforcement Against Business After All

Immigration is now the focus of the Trump administration. Last year, ICE released "Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits." Employers would do well to review and familiarize themselves with it. Additionally, employers should also seek the advice of competent counsel to ensure their self-audits are useful without creating the smoking gun that the government audits are hoping to find.