Ban on electronic skill games in Virginia reinstated by state Supreme Court

National News

A ban on electronic skill games in Virgnia went back into effect Friday after the state Supreme Court vacated an injunction that allowed thousands of the betting machines to remain in gas stations, bars and conveniece stores.

The injunction was issued by a lower court in an ongoing lawsuit that argues the ban is a violation of free speech. But a panel of three Supreme Court justices found that the suit is unlikely to succeed.

“Although at times it is difficult to determine where a particular activity falls on the speech/conduct continuum, no such difficulty is present when the activity being regulated is gambling. We long have viewed gambling as conduct that may be heavily regulated and even banned by the Commonwealth as an exercise of its police powers,” the panel wrote in its order.

The games look and play like slot machines, though manufacturers say there is an element of skill involved.

The General Assembly passed legislation outlawing skill games in 2020, but former Gov. Ralph Northam delayed it for a year to help the state raise money for COVID-19 relief efforts.

The ban then took effect in 2021, but the lawsuit resulted in an injunction that allowed games already registered with the state’s Alcoholic Beverage Control Authoirty to continue until the issue is resolved.

The lawsuit is now set to go to trial in December.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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