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Supreme Court Reverses Fourth Circuit on Party Presentation in Immigration Judges Case

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  In October 2021, the Executive Office for Immigration Review (EOIR), under the Department of Justice, implemented a policy requiring immigration judges to obtain supervisory approval before making public speeches or statements related to their official duties. The policy aimed to ensure that such speech aligned with EOIR’s official positions and did not carry the appearance of official endorsement. The National Association of Immigration Judges (NAIJ), representing its members, challenged the policy in the U.S. District Court for the Eastern District of Virginia. NAIJ asserted that the policy violated its members’ First and Fifth Amendment rights. Both parties acknowledged the framework of the Civil Service Reform Act of 1978 (CSRA), which generally channels most federal employees’ work-related grievances through the Merit Systems Protection Board (MSPB) and the Office of Special Counsel, rather than allowing direct access to federal district courts. NAIJ argued that its consti...

USCIS Slips In The Doctor Exception

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  On March 30, 2026, USCIS placed broad holds on many pending applications (asylum, adjustments of status, visas, EADs, etc.) from high-risk countries for re-vetting. This was outlined in policy memos and a USCIS alertpage originally dated March 30, 2026. Around late April 2026 (page shows last reviewed/updated 04/30/2026, despite the 03/30 release date), USCIS added (without a major announcement) " applications associated with medical physicians " to the list of categories eligible for hold-lifting and continued processing. This exemption allows physicians (often on H-1B, J-1 waivers like Conrad 30, or green card paths) from affected countries to move forward with extensions, work permits, adjustments, etc., rather than remaining frozen. Why doctors? Strong advocacy from hospitals, medical associations (e.g., AMA), and concerns over exacerbating U.S. physician shortages (immigrant doctors make up ~25% of the workforce, higher in rural areas). The pause had already ca...

Hernandez Alvarez v. Warden, Federal Detention Center Miami: Eleventh Circuit Limits Mandatory Detention Under INA § 1225(b)(2)(A) to Arriving Aliens

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  Fidencio Hernandez Alvarez and Ismael Cerro Perez are Mexican nationals who entered the United States without inspection (Hernandez Alvarez in ~2019; Cerro Perez in ~2015). Both had resided in the U.S. interior for years, had U.S. citizen children, and minimal or no criminal history (only minor traffic issues for Cerro Perez). They were arrested by immigration authorities following routine traffic stops in September 2025. DHS placed them in removal proceedings, charging them as inadmissible under 8 U.S.C. § 1182(a)(6)(A)(i) (entry without inspection). They were detained without bond hearings under 8 U.S.C. § 1225(b)(2)(A), based on a recent BIA interpretation ( Matter of Yajure Hurtado , 29 I. & N. Dec. 216 (BIA 2025)) treating unadmitted aliens in the interior as subject to mandatory no-bond detention. Each filed a habeas petition (28 U.S.C. § 2241) in the Southern District of Florida, arguing that discretionary detention under § 1226(a) applied instead, entitling them t...

New 2025 H-1B Rule Lets You Be CEO and Visa Holder at the Same Time

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  The H-1B Modernization Rule In late 2024, the U.S. Department of Homeland Security (DHS) finalized a rule titled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Non-immigrant Workers.” It was published in the Federal Register on December 18, 2024, and took effect on January 17, 2025. This is commonly referred to as the H-1B Modernization Rule (or 2025 H-1B Final Rule). It is not a new law passed by Congress but a regulatory update by DHS/USCIS that revises existing H-1B program rules under the Immigration and Nationality Act. It aims to streamline processes, add flexibilities (especially for employers and certain workers like entrepreneurs and F-1 students), clarify definitions (e.g., “specialty occupation”), codify some prior policies (like deference to prior approvals), and strengthen program integrity and oversight. Key broader changes in the rule include: Updates to the definition and criteria ...

From May 2026, Form I-485 filers have to use Chart A instead of Chart B

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USCIS has announced that, starting in May 2026, it will require employment-based adjustment of status (Form I-485) filers to use the Final Action Dates chart (Chart A) rather than the more flexible Dates for Filing chart (Chart B) that was permitted in prior months (including April 2026). The Visa Bulletin The Department of State has released the May 2026 Visa Bulletin. The Visa Bulletin is a monthly official publication from the U.S. Department of State (DOS). It tells people waiting for certain green cards (immigrant visas) exactly when visas are available in each category and for each country. The U.S. sets annual limits on how many green cards it can give out in popular categories like employment-based (EB-1A, EB-2, EB-5, etc.) and family-based. Because more people apply than there are visas, everyone gets a “priority date” (your place in line). The Visa Bulletin shows which priority dates are “current” each month, meaning it’s your turn to actually move forward and get your ...

Working in the USA: The TN (USMCA) Professional Pathway for Canadian Citizens

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The TN (USMCA Professional) Status, often referred to as the “TN Visa”, is the most common and straightforward pathway for eligible Canadian professionals to work in the USA. It stems from the United States-Mexico-Canada Agreement (“USMCA”, formerly “NAFTA”). It is not available to all Canadian citizens, but only to those who: - Work in one of the specific professions listed in the USMCA (Appendix 1603.D.1) — examples include engineers, accountants, scientists, nurses, teachers, computer systems analysts, economists, lawyers, social workers, and many others (roughly 60 occupations total; most require at least a bachelor’s degree or equivalent credentials/experience). - Have a prearranged full-time or part-time job offer from a US employer (or entity) in a role that requires someone in that professional capacity. - Meet the qualifications for the profession (education, licenses, experience, etc.). Key features of TN status: - Eligible Canadians can apply directly for TN non-immigrant st...

Dual British-Russian national deprived of UK Nationality on "public good" grounds

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Mark Bullen, a 45-year-old British-born former police officer, has become the first British-born individual reported to have been stripped of UK citizenship on national security grounds linked to Russia. The decision was made by Home Secretary Shabana Mahmood in October 2025 under Section 40 of the British Nationality Act 1981 , which permits deprivation of citizenship if the Home Secretary deems it “conducive to the public good.” The exact evidence has not been disclosed publicly, citing national security. Background and Police Career Born and raised in Bracknell, Berkshire, Bullen developed a lifelong fascination with Russia and the Soviet Union from childhood, describing it as a “childhood love.” He is a self-taught Russian speaker who first visited Russia at age 17–18 (around 1998–1999) and briefly attempted to settle there before returning to the UK. He joined Hertfordshire Constabulary around 2003 (serving 11 years until 2014) as a police constable. During his service, he auth...