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Supreme Court Rejection of GOP Attempt to Legally Defend the Trump Expansion of the Public Charge Rule is a Welcome Yet Insufficient Development

By Taher Kameli & Chathan Vemuri   In a further demonstration of the Biden era Federal Government’s rejection of Trump-era restrictive changes to US immigration policy, the US Supreme Court turned down an attempt from several Republican states to defend the Trump-era expansion of the public charge rule.[1] Under the Trump administration’s rule, immigrants were denied the use of several public benefits such as Medicaid and food stamps.[2] Furthermore, they were required to prove that they had enough means to not rely on government assistance in the future.[3] Such a policy had the effect of filtering

Biden Reverts Naturalization Test to 2008 Version

Biden Reverts Naturalization Test to 2008 Version

Written by Taher Kameli & Chathan Vemuri In another reversal of Trump-era immigration policy, the Biden administration struck down the revised naturalization civic test implemented on December 1, 2020, replacing it with the older 2008 version of the test that had been in force up till that time.[1] This was done as part of President Biden’s February 2 Executive Order on “Restoring Faith in Our Legal Immigration System.”[2] The USCIS will go back to the 2008 test as of March 1, 2021, although there will also be an interim period during which both tests will be offered for

President Biden Withdraws Trump’s H-4 EAD Proposal

President Biden Withdraws Trump’s H-4 EAD Proposal

Written by Taher Kameli & Chathan Vemuri Among the many changes to Trump’s hardline immigration policies pursued by the Biden administration during his first two weeks in office, President Biden’s latest action has been to withdraw a proposed rule of the Trump administration concerning H-4 EAD holders.[1] Under the proposed rule (which was introduced in 2019[2]), the H-4 EAD program would have been rescinded, preventing spouses of H-1B visa holders from getting paid employment in the U.S.[3]   Nevertheless, this has brought great relief to spouses of H-1B visa holders who

Trump Extends April and June Visa Bans to March 31, 2021

Trump Extends April and June Visa Bans to March 31, 2021

Written by Taher Kameli & Chathan Vemuri President Donald Trump issued a proclamation on December 31 of 2020, extending the bans on certain immigrant and non-immigrant visas that were previously banned as per his proclamations on April 22 and June 22 of 2020, respectively.[1] Although these orders were supposed to expire on December 31 of 2020 itself, the President invoked the COVID-19 pandemic’s impact on jobs in late 2020 to justify protecting US workers by continuing both of the bans.[2]While the ban would primarily hurt applicants for the H-1B visa, it would

Trump administration intends to end use of in-person interpreters at certain immigration hearings

Trump Administration Intends to End In-Person Interpreters

Written by Taher Kameli & Chathan Vemuri  At one time, the famous words associated with the Statue of Liberty – “Give me your tired, your poor, your huddled masses yearning to breathe free” – truly exemplified the attitude of the US government toward immigration.  However, under the Trump administration, these words would appear to describe the immigration policies of another country, as the Trump administration takes action on a regular basis to restrict the rights of immigrants. This point was evidenced again by the news that the Trump

Obama-era DACA Program Reinstated by New York Federal Court Order in Vidal v. Wolf

DACA Program Reinstated by New York Federal Court Order

Written by Taher Kameli & Chathan Vemuri In what counts as a severe blow to the Trump administration’s revamped immigration system in its final month, the U.S. District Court for the Eastern District of New York issued an order to reinstate the Obama administration’s Deferred Action for Childhood Arrivals program DACA to its pre-Trump administration status.[1]   Before President Trump tried to end it in September of 2017, DACA served to permit young immigrants without legal status but had been brought over as children, to live and work legally in the U.S.[2]   This was

Department of Justice Prepones Deadlines for Filing Stays on Deportation, Potentially Disrupting Attempts of Migrant Children to Stay Legally in the Country

Deadlines Disrupting Migrant Children to Stay Legally

Written by Taher Kameli & Chathan Vemuri In what came as a shock to immigration attorneys and clients applying to stay in the US and halt deportation proceedings, the Department of Justice imposed new deadlines for migrant children that critics say have left attorneys and clients in a mess.[1] Last week on November 24, 2020, the Justice Department’s Executive Office for Immigration Review (EOIR), which oversees US immigration courts, set up new deadlines by which migrants in certain cases must file an application with the immigration court to stay in the United

Trump Administration’s Public Charge Rule denying green cards to immigrants that need food stamps or other public benefits.

Trump Administration's Makes changes to Public Charge Rule

Written by Taher Kameli & Chathan Vemuri Over the past year, immigration activists have steadfastly opposed the Trump Administration’s changes to the Public Charge Rule, which denied green card applicants who would likely use various types of public assistance, such as Medicaid, food stamps, and housing vouchers.[1] Legal challenges have been especially persistent, with the first wave of lawsuits leading to a hold placed on the policy by the Second Circuit Court of Appeals, which was in turn reversed by the Supreme Court by a 5-4 vote in January 2020.[2]     Concern was

The Department of Labor’s New H-1B Wage Hike Rule Faces Overwhelming Legal and Empirical Challenges

H-1B Wage Hike implemented by Trump Administration

Written by Taher Kameli & Chathan Vemuri The Trump administration caused an uproar among employers when it implemented its Interim Final Rule on October 8th, 2020 substantially increasing the amount in wages to be paid to employees who held H-1B visas in an attempt to pressure employers to drop them in favor of a domestic American workforce.[1]   In addition to boosting wages to pressure employers to look domestically for employees, it also changed the requirements for an H-1B visa by looking not simply for a college degree but specifically for degrees in “specialty occupations”

E-2 Visa: A Pathway to the U.S. For Turkish Nationals

E-2 Visa: A Pathway to the U.S. For Turkish Nationals

Written by Taher Kameli The  E-2  visa provides an immigration pathway for foreigners who seek to come to the United States. In general terms, an E-2 visa is for (a) a citizen of a country with which the  United  States maintains  “a  treaty of commerce and navigation”,   (b)   who will “develop and direct” a United States “enterprise” in which he or she invests “a substantial amount of capital”. The E-2 visa has been popular with Turkish nationals in recent years. In 2014, 422 Turkish nationals were issued an E-2 visa in the United