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Constructive discharge, also referred to as constructive termination, occurs when an employee resigns due to working conditions so intolerable that a reasonable person in the employee’s position would have felt compelled to resign. Under California law, a resignation under such conditions may be treated as an involuntary termination, allowing the employee to pursue legal claims…

Adjustment of status through marriage to a U.S. citizen is one of the most heavily scrutinized immigration pathways under U.S. law. Although it provides a direct route to lawful permanent residence, it also carries with it an inherent presumption of fraud, particularly under the framework of INA § 204(c) and 8 U.S.C. § 1154(c), which…

The enactment of the Laken Riley Act in January 2025 marked a substantial shift in the enforcement landscape of U.S. immigration law. Catalyzed by the tragic killing of University of Georgia student Laken Riley, allegedly by an undocumented immigrant, the law has become a flashpoint in debates over immigration enforcement, state sovereignty, and constitutional protections.…

The E-2 visa is a nonimmigrant visa that allows nationals of countries with which the United States maintains a treaty of commerce and navigation to enter the United States to develop and direct the operations of an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of…

What Are the Responsibilities When You Sign Form I-864, Affidavit of Support? If you’ve agreed to sponsor someone for a green card, signing Form I-864, Affidavit of Support, is far more serious than just a formality — it’s a binding legal contract with long-lasting obligations. Many sponsors don’t realize that by signing this document, they…

If you are an immigrant applying for a U.S. visa and work in science, technology, engineering, or mathematics (STEM), you may be affected by the Technology Alert List (TAL). The TAL is a set of guidelines used by U.S. consulates to identify visa applicants whose work involves sensitive technologies that could pose a national security…

The Alien Enemies Act of 1798, codified at 50 U.S.C. §§ 21–24, is one of the four laws passed under the Alien and Sedition Acts during the presidency of John Adams. While the other three acts have long since expired or been repealed, the Alien Enemies Act remains in effect, standing as a relic from…

The H-1B visa program is one of the most important avenues for U.S. employers seeking to hire highly skilled foreign workers in specialty occupations. With a focus on industries like technology, engineering, healthcare, and finance, the H-1B visa allows employers to fill roles that require specialized expertise. However, under Trump’s presidency, several policy changes have altered the landscape of…

All persons who are in the U.S., whether legal or illegal, have fundamental rights protected by the U.S. Constitution. If a person is stopped by an immigration officer, or any law enforcement officer, it is important to know the below: 1. The Right to Remain Silent Under the Fifth Amendment to the U.S. Constitution, all…

In a significant legislative development, California has enacted substantial reforms to the Private Attorneys General Act (PAGA) through Assembly Bill 2288 (AB 2288) and Senate Bill 92 (SB 92), both signed into law by Governor Gavin Newsom on July 1, 2024. These amendments address longstanding criticisms of PAGA by refining standing requirements, adjusting penalty structures,…