12 results for 'cat:"Employment" AND cat:"Immigration"'.
J. Benton finds a lower court properly dismissed two India nationals motion to obtain permanent status in the U.S. The two nonimmigrant workers, who attained temporary authorization to work, argued that they are entitled to a temporary restraining order against the immigration service for prompt adjudication of their applications. However, the government sufficiently showed that the court lacks subject matter jurisdiction. Vacated.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-3066, Categories: employment, immigration, Jurisdiction
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J. Boyle grants an Army officer’s motion to dismiss allegations of harassment brought by a soldier support worker after the worker refused to give the officer a requested file. The worker filed an EEOC complaint after the officer supposedly threatened her position for refusing to give the officer a requested file. The worker was subsequently fired. However, as the officer is a federal employee, she correctly claims sovereign immunity, so the claim lacks subject-matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 26, 2024, Case #: 5:23cv430, NOS: Other Statutory Actions - Other Suits, Categories: employment, immigration, Jurisdiction
J. Cobb finds a lower court properly dismissed a native of China's motion to remain in the U.K. The Chinese national argued that he is entitled to judicial review based on his Tier 2 skilled worker, a financial analyst. However, the home department sufficiently showed in court that he may have engaged in money laundering. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Cobb, Filed On: February 7, 2024, Case #: CA-2022-156, Categories: employment, Government, immigration
J. Johnson answers a series of certified questions regarding an underlying dispute over the wage practices involved with paying civil immigration detainees. Under state law, detained workers at private detention facilities are considered "employees" and are subject to the state's minimum wage requirements. The state's government-institutions exemption does not apply to the work performed by those detainees, and equitable relief is not barred by a damages award issued to the class in the underlying case.
Court: Washington Supreme Court, Judge: Johnson, Filed On: December 21, 2023, Case #: 101786-3, Categories: employment, immigration
J. Nguyen finds that the district court properly denied injunctive relief in several cases in which individuals sued to compel U.S. Citizenship and Immigration Services to act on their applications for adjustment of status. The individuals are natives of India who have lawfully worked in the United States for years after their employers sponsored them for immigrant visas. The individuals have been waiting in a visa queue for more than 10 years. After the State Department estimated that it had reached the individuals’ places in line for adjustment of status, the State Department then revised its forecast and concluded that it had hit the visa cap for the year. The consolidated plaintiffs are unlikely to succeed on the merits. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: December 1, 2023, Case #: 22-16700, Categories: employment, immigration
J. Baker finds a lower court improperly denied a native of Eastern Turkey's motion to remain in the U.K. The secretary of State argued that the native of Turkey is not entitled to relief based on his "short- term student" status. However, he sufficiently showed in court that a case worker wrongfully tossed out his application, in violation of the European Economic Community, which was enacted to protect free movement of Turkish workers in the U.K. Remanded.
Court: Her Majesty's Court of Appeal, Judge: Baker, Filed On: November 23, 2023, Case #: CA-2023-72, Categories: employment, Government, immigration
J. Whipple finds a lower court properly dismissed an Indian national's bid to remain in the U.K. The native of India, who works as a self- employed consultant, argued that he is entitled to reside in the U.K. for the sake of his "private life." However, the Secretary of State for the Home Department presented sufficient evidence in court that he ran a sham technology company. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Whipple, Filed On: November 6, 2023, Case #: CA-2022-894, Categories: employment, Fraud, immigration
J. Katsas upholds the district court's finding for the Department of Homeland Security on a trade association's challenge to a change in guidance that requires employers to amend paperwork for H-1B visa-based employees who change their place of employment. Although the association has Article III standing, it fails to show the agency lacks the authority to make this change. Affirmed.
Court: DC Circuit, Judge: Katsas, Filed On: June 27, 2023, Case #: 22-5074 , Categories: Administrative Law, employment, immigration