News & Resources

Delays and RFEs for Forms I-765 and I-131

Yes, ongoing delays and RFEs ahead for Form I-765, Application for Employment Authorization, as well as Form I-131, Application for Travel Document. As of September 2018, processing times at the National Benefits Center (NBC) for these forms were as follows: For I-765 applications based on pending I-485 adjustment of status applications: anywhere from 4.5 to 6.5 months. For all other I-765 applications for employment authorization: 5-7 months. For I-131 applications:5 to 6.5 months. For the […]

Continue Reading

An Arbitrary, Capricious, and Unlawful H-1B Extension Denial

Despite significant evidence that an Assistant Project Manager was a specialty occupation which required at a minimum a bachelor’s degree and sophisticated knowledge of construction systems, advanced project scheduling, cost estimation and analysis, information systems, and supply chain management, USCIS arbitrarily and unlawfully denied an employer’s H-1B extension petition. The employer is a major commercial construction company attempting to maintain its US-based workforce to continue to deliver projects of vital importance in the transportation, health, […]

Continue Reading

Appeals Court Says Fort Lauderdale Food Sharing Protected Under the First Amendment

Like many cities, Fort Lauderdale’s homeless population has grown in recent years, resulting in a two very different reactions. One is an attempt to reach out to the homeless community and offer help, as exemplified by the weekly meals at Stranahan Park offered by a group calling itself Food Not Bombs. At the same time, there is a feeling of frustration from visitors and local businesses over some aspects of the increasing homeless population. Cities […]

Continue Reading

Copyrighting a Skyline: Two Sample Cases

You may not be surprised to learn that you cannot copyright a skyline. However, you can certainly copyright photographs that are taken of that skyline. If someone takes your image without your permission and uses it, you may have grounds for a copyright infringement lawsuit. But copyright law is complex, so how you approach your lawsuit can make a huge difference. Here are two real cases involving skyline photographs – with opposite outcomes. Case One: […]

Continue Reading

How Long Should Employers Retain Their Immigration Records?

Your filing cabinet is overflowing. Boxes are taking over your workspace. And you’re left wondering, “Do I really need to keep all this stuff?” As an HR professional, an important part of your job is ensuring compliance with business immigration laws. This means: Keeping immigration records for current and former employees who are foreign nationals working in the US Ensuring files are accessible at either the principal place of business or the worksite Storing immigration […]

Continue Reading

Scandalous Trademarks: The Government Strikes Back

Back in March of this year, I wrote about Erik Brunetti successfully arguing to the US Court of Appeals for the Federal Circuit that he should be approved to register the mark “Fuct” for clothing items, in part because the provision under the Lanham Act preventing him from doing so was unconstitutional. In the Federal Circuit court’s written opinion, they agreed that the provision on immoral and scandalous marks did, in fact, violate free speech […]

Continue Reading