The Effect of Furloughs on H-1B Employment

J.M.W. Turner, Pembroke Caselt, Sough Wales, Thunder Storm Approaching, 1801. Foreign workers present in the U.S. pursuant to ‘specialty occupation’ visas are subject to very specific requirements governing their wages and conditions fo employment. (While each of the H-1B, H-1B1, and E-3 classifications fall under the ‘speciality occupation’ umbrella, for ease we will just refer…

Covid-19-Related Federal Benefits for Noncitizens

J.M.W. Turner, Dawn after the Wreck, 1841. In 1996, Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), at 8 U.S.C. § 1611, limited eligibility for “federal public benefits” to “qualified aliens,” a group that primarily includes lawful permanent residents (green card holders), asylees, refugees. Those without any immigration status are…

Exactly who is a “U.S. Employee?”

Gustave Caillebotte, Floor Scrapers, 1875. Exactly who is a “U.S. Employee?” Before filing a petition to sponsor a foreign national for an employment-based immigrant visa, the employer must establish that there will be no adverse impact on the U.S. labor market. This is accomplished by undergoing a labor certification through the U.S. Department of Labor.…

J.M.W. Turner, Sunrise with Sea Monsters, 1845

10 Questions Related to the Pandemic.

J.M.W. Turner, Sunrise with Sea Monsters, 1845. On January 31, 2020, the President issued a Proclamation suspending the entry of any foreign national who had been in mainland China within the prior 14 days (with exceptions). This was the first time that the President’s statutory power pursuant to INA § 212(f) had been used to control…

When is $10,000 not $10,000, and when does larceny require deceit? NY Grand larceny 4th degree and the aggravated felony theft grounds

When is $10,000 not $10,000, and when does larceny require deceit? NY Grand larceny 4th degree and the aggravated felony theft grounds

Caravaggio, The Cardsharps, 1594. Why do lawyers continue to persist in the face of artificial intelligence? Our reputation for decency, fair dealings, reasonable and predictable pricing, superior customer service, and related? More likely, it is has something to do with the fact that laws simply can’t be written in a manner that neatly captures the…