For foreign national employees and the HR professionals who support them, few immigration experiences are more frustrating than hearing the words “administrative processing” after a visa interview. This additional review step can derail carefully planned start dates, business trips, and family reunifications. Understanding what administrative processing entails and how to navigate it can help both…

On Jan. 20, 2025, the Trump administration issued an executive order entitled “Protecting the American People Against Invasion,” aimed at enhancing compliance with the Immigration and Nationality Act (INA) section 262. This statute outlines the mandatory registration and fingerprinting requirements for certain non-U.S. citizens who have not previously registered and who are staying in the…

A divided Eleventh Circuit recently ruled against a Jamaican national’s claim to U.S. citizenship, holding that his mother’s naturalization before his 18th birthday did not confer derivative citizenship because his parents had remarried by the time of her naturalization.

Potential Derivative Citizenship Implications

This decision reinforces a strict interpretation of derivative citizenship under the Immigration…

The U.S. Department of Justice (DOJ) has reached another settlement with a company in Boise, Idaho, over allegations that it violated the Immigration and Nationality Act (INA) by unlawfully discriminating against a U.S. citizen when it failed to hire him for a position and instead hired a temporary visa worker. The alleged discrimination occurred in…

Secretary of Homeland Security Kirstjen M. Nielsen has announced her determination that an extension of the Temporary Protected Status (TPS) designation for Somalia is warranted pursuant to the Immigration and Nationality Act. After carefully reviewing conditions in Somalia with interagency partners, Secretary Nielsen determined the ongoing armed conflict and extraordinary and temporary conditions that support…

Employers should note that U.S. Citizenship & Immigration Services (USCIS) announced recently that gestational mothers who use assisted reproductive technology meet the definition of “Mother” and “Parent” under the Immigration and Nationality Act (INA). For example, a woman who became pregnant through an egg donor will be (1) able to petition for her child based on their relationship, (2) eligible to have her child petition for her based on their relationship, and (3) able to transmit U.S. citizenship to her child, if she is a U.S. citizen and all other pertinent citizenship requirements are met.
Continue Reading Immigration Benefits Extended to Include Gestational Mothers Using Assisted Reproductive Technology