Senate panel advances McConnell ally for DC appeals court
Legal Events
The Senate Judiciary Committee has advanced the nomination of a 38-year-old judge and ally of Senate Majority Leader Mitch McConnell to serve on a federal appeals court, despite Democrats’ objections that he’s inexperienced and biased against the Obama health care law.
The panel's 12-10, party-line vote Thursday sets the stage for Justin Walker’s likely confirmation in the GOP-controlled Senate.
Walker, a protege of both McConnell and Supreme Court Justice Brett Kavanaugh, told senators last month that he will have an open mind on the Affordable Care Act, adding that he was writing as an academic and commentator when he criticized as “indefensible” a Supreme Court ruling upholding the law.
Walker, who was confirmed as a federal judge last fall, declined a request by Senate Democrats to recuse himself on matters related to the health care law if he’s confirmed to the U.S. Court of Appeals for the District of Columbia Circuit. The court is widely considered the second-most powerful in the nation and frequently serves as a launching pad for a seat on the Supreme Court. Four current justices, including Kavanaugh, served on the D.C. circuit.
Sen. Dick Durbin of Illinois, the No. 2 Senate Democrat, called Walker's nomination a travesty and an affront to other, more qualified conservative judges.
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.