David C. Tobin
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Category Archives: Immigration Law

What Employers Should Know About E-Verify

Hiring from the legal immigrant community allows employers access to an expanded pool of talent and can be a great boon to any business. However, it is not without risk. Employers bear the burden of ensuring that anyone they hire is legally authorized to work in the United States and can face significant civil and… Read More »

Hiring Discrimination Based on Immigration Status

Federal law prohibits employers from hiring non-resident workers who do not have legal authorization to work in the United States. However, once a worker has such authorization, employers must treat that worker the same as they would anyone else. To do otherwise can be actionable discrimination and a violation of federal law. This can often… Read More »

Traveling Abroad as a Lawful Permanent Resident

A permanent resident visa, or Green Card, confers many rights upon the holder, including the ability to take short trips abroad without fear of being barred from reentry. However, this does not mean that travel is completely worry-free or unrestricted for lawful permanent residents. Those intending to take extended trips abroad and those hoping to… Read More »

Getting Work Authorization Without a Green Card

Even when a person has obtained legal status through a non-immigrant visa or other program, living in the United States for an extended period without work authorization can be nearly impossible. Fortunately, there are options that can allow certain immigrants to avoid this intolerable situation. In addition to the numerous types of temporary work visas… Read More »

Renewal Process Set for Deferred Action Program

Little progress has been forthcoming from Congress in the area of immigration reform, so the time has come for many who had initially registered for participation in the Deferred Action program to renew their status. As we have discussed before, the Deferred Action program that was established by executive order on June 15, 2012 does… Read More »

U.S. Supreme Court Set to Rule on Scope of Immigration Law

The Supreme Court recently heard oral arguments in Mayorkas v. Cuellar de Osorio, a class action concerning the proper statutory construction of Section 1153(h)(3) of the Immigration and Nationality Act. This Act was amended by the Child Status Protection Act, which allows children of family immigrant visa applicants who turn twenty-one while waiting for visas… Read More »

Immigration’s TPS Program and What it Means

U.S. immigration law recognizes that natural disasters and political unrest may make it impractical or unfeasible for some people to return to their home nations once their visas or other authorizations have expired. Among the many special visa and immigration programs offered by United States Citizenship and Immigration Services (USCIS), the Temporary Protected Status (TPS)… Read More »

Potential Progress on Immigration Reform

Both sides in Congress seem to agree that some sort of comprehensive immigration reform is necessary. Until now, however, that has been the extent of their agreement. Nevertheless, recent moves by the Republican-controlled House of Representatives have indicated that some compromise may be possible in the future.  In an announcement on January 30, 2014, House… Read More »

U.S. Supreme Court Decision in Arizona v. United States

The immigration enforcement law passed by Arizona in 2010 made national headlines and was both controversial and influential. Although the Supreme Court struck down many provisions of the law, the most controversial aspect, the so-called show me your papers provision, remains. Other provisions of the law were struck down because they were obstacles to the… Read More »

Changes to Immigration Laws for Same-Sex Couples Following the U.S. Supreme Court’s Decision on DOMA

In Windsor v. United States, the U.S. Supreme Court struck down a major provision of the Federal Defense of Marriage Act (DOMA). As a result of the Windsor decision, visa applications based on same-sex marriages will be adjudicated the same way applications for opposite-sex spouses would be. Engaged same-sex couples will also be treated the way… Read More »

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