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Articles by Ralph Hua
SCOTUS Landmark Ruling Will Impact Workplace Immigration: A 5-Step Action Plan for Employers Post-Chevron | JD Supra
The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking at the way specific areas of workplace law will be impacted now that federal agency rules and positions are more susceptible to attack after SCOTUS ditched the decades-old Chevron doctrine.
EXPERT INSIGHTS-TIME TO PAUSE ON PERM? 6 REASONS THE NATIONAL INTEREST WAIVER IS RISING AS A WORKPLACE IMMIGRATION SOLUTION
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Time to Pause on PERM? 6 Reasons the National Interest Waiver is Rising as a Workplace Immigration Solution | JD Supra
Employers looking to retain current foreign national employees or attract highly skilled talent should consider adding the National Interest Waiver to their immigration sponsorship toolset. Prior to the COVID-19 pandemic, most employers simply did not need to consider seemingly complex NIW petitions since PERM labor certifications were more obvious options for green card sponsorship.
Employers Get Immigration Guidance from Government: Appeal I-9 Fines to Reduce Damage | JD Supra
We rarely see a government body provide guidance to employers in such an extraordinary manner as we saw last month, when an immigration hearing officer sent a loud-and-clear message to employers facing I-9 fines: appeal your case if you want a fine reduction. The December decision from the Chief Administrative Hearing Officer was a welcome breath of fresh air and provided the clearest signal yet that employers should take active steps to address alleged I-9 violations.
EXPERT INSIGHTS-EMPLOYERS GET IMMIGRATION GUIDANCE FROM GOVERNMENT: APPEAL I-9 FINES TO REDUCE DAMAGE
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Immigration Compliance: Will Inflation Play a Bigger Role in I-9 Fines? 4 Takeaways for Employers | JD Supra
At a time when inflation is on everyone’s mind, it appears that a federal immigration leader is paying attention and may let inflation play a slightly bigger role in I-9 fine assessments. The Chief Administrative Hearing Officer issued a curious precedent decision in June that poses a simple yet potentially pricey question about which date should be used to assess penalties.
Kimpton v. United States Citizenship and Immigration Services et al
Plaintiff: Suzanne Rose Kimpton Defendant: United States Citizenship and Immigration Services, United States Department of Homeland Security, Alejandro Mayorkas, Ur Jaddou and Jonathan Weeks Case Number: 2:2023cv00253 Filed: August 31, 2023 Court: US District Court for the Eastern District of Washington Presiding Judge: Mary K Dimke Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision Cause of Action: 5 U.S.C. ยง 702 Administrative Procedure Act -...
Chacko et al v. United States Citizenship and Immigration Services et al
May 17, 2023 Filing 1 COMPLAINT against defendant(s) Ur Jaddou, Alejandro Mayorkas, Teri Robinson, United States Citizenship and Immigration Services, United States Department of Homeland Security (Receipt # AWAWDC-8012797) Attorney Ralph Hua added to party Paul Chacko(pty:pet), Attorney Ralph Hua added to party Bino Jacob(pty:pet), Attorney Ralph Hua added to party A. P.(pty:pet) filed by A. P., Bino Jacob, Paul Chacko.
Wei v. United States Citizenship and Immigration Services et al
March 31, 2023 Filing 1 COMPLAINT against defendant(s) Ur Jaddou, Alejandro Mayorkas, Tracy Tarango, United States Citizenship and Immigration Services, United States Department of Homeland Security (Receipt # AWAWDC-7951654) Attorney Ralph Hua added to party Minjie Wei(pty:pet) filed by Minjie Wei. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Exhibit)(Hua, Ralph)
Immigration Officials Formalize Policy on Green Card Application Lane Changes | JD Supra
In an announcement sure to be welcome news for employers, federal immigration officials recently released new instructions permitting certain employment-based green card applications to “change lanes” into another category, thereby clearing the path for a more efficient and quicker green card process.
Federal Authorities Update Guidance on Expedite Requests for Workplace Immigration Issues | JD Supra
In recent years, federal immigration officials have experienced severe backlogs in processing of various immigration applications. The cause for this delay has been a combination of the COVID-19 pandemic which led to a temporary closure of Application Support Centers (ASCs) and Field Offices, as well as increase in applications and petitions received by the agency.
Good News for Employers as More Employees are Eligible to File for Employment-Based Green Card Applications in October | JD Supra
Because Congress limits how many green cards can be issued annually, the Department of State (DOS) releases a visa bulletin every month establishing the cut-off dates per preference category and country for the upcoming month. And when it comes to the most recent announcement regarding October’s information, employers will be pleased – as we’ll see an increase in the number of workers who will be eligible to apply for green card status. What do you need to know about this latest development?
Immigration Authorities to Suspend Biometrics Requirement for Work Visa Dependents in Effort to Clear Up Backlog | JD Supra
The United States Citizenship and Immigration Services (USCIS) announced through a court filing on May 3 that it will suspend biometrics requirement for several categories of work visa dependent status application, thereby helping to speed up the adjudication of these applications and their associated employment authorization applications. The biometrics process involves a visit to the USCIS field office to provide fingerprints and photograph.
U.S. Suspends Entry of Nonimmigrants From India: What Employers Need To Know | JD Supra
Responding to the exponential growth of COVID-19 cases in India, President Biden issued an April 30 Presidential Proclamation to suspend entry of nonimmigrants who were physically present within India during the 14-day period before their attempted entry into the United States.
Federal Appeals Court Solidifies Straightforward View Of H-1B Specialty Occupation Definition | JD Supra
A federal appeals court just confirmed an uncomplicated interpretation of the “specialty occupation” definition for H-1B visas, clearing the way for a wide variety of industries to seek these highly sought-after visas. At the same time, the 9th Circuit Court of Appeals’ December 16 ruling offers employers an additional asset in their toolbox when it comes to challenging denied H-1B applications. What do you need to know about this decision and how might it work in your favor?
What’s Next For Employers: Top 10 Immigration Developments To Expect Under The Biden Administration | JD Supra
While the election results may still be debated until officially certified and litigation is resolved, employers should be looking ahead to what a Biden administration will mean for immigration. Prior to this tumultuous year, immigration was one of the biggest hot button topics in the country. But due to the pandemic, social unrest, and the national economic downturn, immigration has grabbed fewer headlines.
USCIS To Increase Filing Fees While The Latest Executive Order Demands H-1B Compliance | JD Supra
In the midst of the COVID-19 pandemic, the Trump administration continues to install stringent measures that will impact employers hiring foreign national temporary workers. Fee Increases On July 31, the Department of Homeland Security (DHS) announced a final rule to increase filing fees across the board for certain immigration and naturalization benefit requests with a weighted average increase of 20%. It will also add new fees and establish multiple fees for nonimmigrant worker petitions.
What Employers Need To Know About Coronavirus Travel Restrictions | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Breaking The ICE: How Employers Can Push Back Against Punitive I-9 Fines | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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