Highlights The memo characterizes Adjustment of Status as discretionary, not routine. Satisfying every statutory eligibility requirement does not entitle an applicant to approval. Consular processing is now treated as the default pathway. The memo positions consular processing as the norm and Adjustment of Status as the exception as United States Citizenship and Immigration Services (USCIS) characterizes this approach as more consistent with Congress’s intent. Absence of negative factors is insufficient to adjudicate. Applicants may need to affirmatively demonstrate positive factors such as...

Read more

Last week, core Personal Consumption Expenditure inflation ticked up again, while higher energy costs added pressure to headline inflation. The reading comes in Kevin Warsh's first weeks as Fed chair, with a softer labor market and firm inflation pulling the policy outlook in opposite directions. Here are three things to watch for this week. The Jobs Data The Job Openings and Labor Turnover Survey on Tuesday and the May employment report on Friday give the week's read on a low-hire, low-fire...

Read more

USCIS has announced a new policy that may make Adjustment of Status cases more difficult. Adjustment of Status is the process that allows certain individuals already in the United States to apply for a green card without leaving the country for consular processing. Under the new guidance, USCIS is treating Adjustment of Status as an extraordinary discretionary benefit. This means officers may take a closer look at whether an applicant should be allowed to complete the green card process from...

Read more

AI systems pose distinct challenges for pleading and responding to trade secret misappropriation claims. Their models and code are complex, adaptive, and often opaque. Courts, however, increasingly require plaintiffs to identify secrets with specificity to survive motions to dismiss. Industry participants need to clearly understand where the lines are drawn to avoid, assert, and respond to claims related to AI trade secret theft. AI trade secret allegations have begun to play a role in commercial trade secret disputes. In AlphaSense v....

Read more

Recently, I spoke to a friend of mine who serves as in-house employment counsel for a research facility. As in-house counsel, attorneys have to weigh overall company interests against human resource (HR) considerations, along with potential legal risks.  However, a shift in the understanding and perception of “neurodiversity” has brought another consideration to the forefront. Like my friend’s employer, HR departments across the country are now being called to evaluate their internal functions to determine whether they are equipped...

Read more