November, 2009
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11/17/2009 | California Service Center Processing Time Report (11/16/09) CSC Processing Time Report released 11/16/09 with processing dates as of 9/30/09. more
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11/17/2009 | National Benefits Center Processing Time Report (11/16/09) NBC Processing Time Report released 11/16/09 with processing dates as of 9/30/09. more
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11/17/2009 | Texas Service Center Processing Time Report (11/16/09) TSC Processing Time Report released 11/16/09 with processing dates as of 9/30/09. more
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11/17/2009 | Vermont Service Center Processing Time Report (11/16/09) VSC Processing Time Report released 11/16/09 with processing dates as of 9/30/09. more
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11/17/2009 | Nebraska Service Center Processing Time Report (11/16/09) NSC Processing Time Report released 11/16/09 with processing dates as of 9/30/09. more
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11/16/2009 | ICE Parole Statistics for November 2008 – April 2009 ICE released parole statistics from November 2008 until April 2009 for arriving aliens found to have a credible fear. The statistics list grant categories, discrepancies, and denial categories. During this period, 89 cases were approved in the “public interest” grant category. more
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11/16/2009 | ICE Parole Statistics for May 2008 – October 2008 ICE released parole statistics from May 2008 until October 2008 for arriving aliens found to have a credible fear. The statistics list grant categories, discrepancies, and denial categories. During this period, 63 cases were denied in the denial category listed as “other.” more
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11/16/2009 | ICE Parole Statistics for November 2007 – April 2008 ICE released parole statistics from November 2007 until April 2008 for arriving aliens found to have a credible fear. The statistics include denial categories, which were not tracked until February 2008. more
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11/13/2009 | DHS Announcement on First Year of Secure Communities Initiative and Expansion On 11/12/09, DHS Secretary Janet Napolitano and ICE Assistant Secretary John Morton announced that ICE's Secure Communities initiative will have a presence in every state by 2011 and be available to every US law enforcement agency by 2013. DHS announced that the program identified over 111,000 criminal aliens in local custody in its first year. more
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11/12/2009 | BIA on Determining Good Cause for a Continuance for Adjustment of Status Application Based on Pending Labor Certification In determining if good cause for a continuance exists to await adjudication of a pending employment-based visa petition or labor certification, an IJ should determine alien’s place in the adjustment process and consider applicable factors identified in Matter of Hashmi, and other relevant considerations. Matter of Rajah, 24 I&N Dec. 127 (BIA 2009). more
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11/12/2009 | USCIS Extends Grace Period for Accepting Prior Version of G-28 On 11/9/09, USCIS announced that the previous version of the Form G-28 will be accepted until further notice. USCIS encourages attorneys and accredited representatives to use the new Form G-28, however, USCIS will not reject filings of the previous Form G-28 version until further notice. more
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11/12/2009 | CBP Launches Pilot Program to Automate Arrival Form CBP announced on 11/12/09 the launch of a pilot program to automate the arrival/departure form (CBP Form I-94W) for Visa Waiver Program travelers from Auckland, New Zealand to Los Angeles International Airport. more
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11/12/2009 | Visa Bulletin for December 2009 DOS released the Visa Bulletin for December 2009. Section D indicates that legislative action which occurred during October 2009 has extended the Employment Fourth preference Certain Religious Workers, and Employment Fifth preference Investor Pilot program categories through 09/20/12. more
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11/10/2009 | CBP Remembrance Day Travel Reminder for Northern Border Crossers CBP reminded travelers planning trips across the border into the US on 11/11/09 to anticipate traffic during the observance of Remembrance Day in Canada and Veterans Day in the US. All travelers age 16 and older are required to present a valid, acceptable document that denotes both identity and citizenship, when entering the US by land or sea. more
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11/10/2009 | Protecting Stateless Persons: the Role of the U.S. Government On 10/30/09, DOS Assistant Secretary Eric P. Schwartz of the Bureau of Population, Refugees, and Migration outlined the US government’s four broad foreign policy objectives regarding statelessness in his remarks on “Protecting Stateless Persons: the Role of the U.S. Government” at the Conference on Statelessness sponsored by Refugee Council USA. more
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11/09/2009 | USCIS Launches Informational Video on the SAVE Program On 11/6/09, USCIS posted an informational video on its website that provides an overview of the agency’s Systematic Alien Verification for Entitlements (SAVE) program. The new video describes the immigration status verification process and explains how federal, state, and local benefit-granting agencies can apply to participate in the program. more
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11/06/2009 | CIS Ombudsman Offers Pathway to Resolve Pending Derivative I-485s Due to File Separation (Updated 11/6/09) The CIS Ombudsman's Office offers an option for attempting to resolve the issue of a pending Adjustment of Status (I-485) Application for a derivative beneficiary where the file has apparently been separated from an approved principal beneficiary's casefile. more
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11/06/2009 | ARB Finds ALJ Abused Discretion for Dismissal Based on RSOL Failure to Attend Hearing ARB found ALJ abused his discretion in dismissing claim based on RSOL’s failure to attend hearing. ARB distinguished cases where a party is held responsible for counsel deficiencies because here the RSOL was the prosecuting party. Administrator, Wage and Hour Div., Employment Standards Adm., USDOL v. Siliconlinks, Inc. (ARB No. 09-131, 10/28/09). more
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11/06/2009 | ICE Secure Communities MOA with the State Identification Bureau Template 11/5/09, ICE released the template of the Secure Communities Memorandum of Agreement with the State Identification Bureau on the ICE FOIA Electronic Reading Room. The MOA on SC implementation sets forth the responsibilities of ICE and the participating SIB related to biometric interoperability. more
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11/06/2009 | 2009 ICE Secure Communities Standard Operating Procedures On 11/5/09, ICE released the 2009 ICE Secure Communities Standard Operating Procedures on the FOIA Electronic Reading Room. This document details processes that enable the routing of response messages to the FBI and State Identification Bureaus to confirm identity and immigration status during incarceration booking. more
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11/06/2009 | USCIS Memo on Additions to AFM on the Adjudication of Form I-751 On 10/09/09, USCIS issued a memorandum providing guidance to USCIS Immigration Field Officers on the adjudication of Form I-751, Petition to Remove Conditions on Residence where the CPR has a final order of removal, is in removal proceedings, or has filed an unexcused untimely petition or multiple petitions. more
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11/06/2009 | ICE Fact Sheet on Alternatives to Detention for ICE Detainees On 10/23/09, ICE released a fact sheet on alternatives to detention for ICE detainees. The fact sheet includes information regarding the Intensive Supervision Appearance Program, or ISAP, Enhanced Supervision/Reporting (ESR), and Electronic Monitoring (EM). more
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11/06/2009 | ARB Affirms that Wage and Hour Determination is Prerequisite for ALJ Hearing ARB affirmed finding that an investigation and determination by the Wage and Hour Division is a prerequisite for an ALJ hearing. The ARB upheld the finding that the authority to decide to investigate is discretionary and complainant could not appeal a decision not investigate H1-B allegations. Jain v. Empower IT, Inc. (ARB No. 08-077, 10/30/09). more
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11/06/2009 | USCIS Letter to Civil Surgeons on Revisions to Form I-693 and Changes to Medical Exam Requirements On 11/1/09, USCIS issued a letter to civil surgeons explaining recent revisions to Form I-693, Report of Medical Examination and Vaccination Record, and changes to the tuberculosis testing requirement for adjustment of status applicants. more
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11/06/2009 | USCIS Update and Q&A: Revisions to Form I-693 and Changes to Medical Exam Requirements On 11/1/09, USCIS issued an update and Q&A on the recent revisions to Form I-693, Report of Medical Examination and Vaccination Record, and changes to the tuberculosis testing requirement for adjustment of status applicants. more
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11/04/2009 | AAO Finds Profession of “Computer Software Engineer” Does Not Require Specified Field of Study for Bachelor’s Degree AAO sustained appeal, finding that the profession of a “Computer Software Engineer” requires at least a bachelor's degree, but that a degree in a specific field is not necessary according to the OOH, and that the alien's background included substantial experience in the related field. Decision courtesy of Ronald Matten. more
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11/04/2009 | AAO Processing Times 11/01/09 The AAO recently released its processing time report as of 11/01/09. more
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11/04/2009 | USCIS Memo Amends Adjudicator’s Field Manual on General Form I-140 Issues On 09/14/09, USCIS issued a memorandum amending the Adjudicator’s Field Manual (AFM) on Form I-140 Issues (AFM Update AD07-26). The memo includes guidance on the determination of whether a US employer falls within the definition of INA § 203(b)(1)(B) in connection with a EB-1 petition filed on behalf of an outstanding professor or researcher. more
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11/03/2009 | DHS and Tohono O’odham Nation Announce Agreement to Develop WHTI-Compliant Tribal Card On 11/3/09, DHS and the Tohono O’odham Nation of Arizona formalized an agreement to develop a Western Hemisphere Travel Initiative (WHTI)-compliant Enhanced Tribal Card. more
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11/03/2009 | AAO Finds Occupation of “Market Research Analyst” Does Not Require Specified Field Study for Master’s Degree AAO sustains appeal, finding that the occupation of a “market research analyst” does not require specification of one or more fields of study for a Master’s degree. The AAO based its conclusion on OOH and O*Net to confirm that the offered position requires at least a bachelor’s degree and in some cases a Master’s. Decision courtesy of David Sindell. more
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11/02/2009 | BIA Finds Date of Plea Agreement Controls in Determining Eligibility for Former §212(c) Relief BIA finds that in determining whether the alien is eligible for a waiver under former INA § 212(c), the date of the alien’s plea agreement, rather than the date of sentencing, is controlling. Matter of Moreno-Escobosa, 25 I&N Dec. 114 (BIA 2009). more
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11/02/2009 | Updated USCIS Q & A on Petition Filed Within the Russian Federation to Classify Orphans as Immediate Relatives On 3/30/09, USCIS assumed responsibility from DOS for adjudicating any Form I-600, Petition to Classify Orphan as an Immediate Relative, filed within the Russian Federation. On 10/28/09, USCIS issued an updated list of questions it recommends prospective adoptive parents and adoption service providers review to minimize the possibility of delay. more
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October, 2009
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10/30/2009 | USCIS Continues to Accept Prior Versions of G-28 On 10/29/09 USCIS updated its website and instructs that although the revised G-28 notes that previous versions of the form will not be accepted, USCIS has decided to extend the grace period for accepting previous versions of Form G-28. In the interim, USCIS will not reject filings accompanied by older versions of the form until further notice. more
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10/30/2009 | USCIS Amends Immigration Regulations Relating to the Commonwealth of the Northern Mariana Islands On 10/27/09, USCIS announced an interim final rule to revise the wording of certain immigration regulations and to implement provisions of the Consolidated Natural Resources Act of 2008 (CNRA) relating to the Commonwealth of the Northern Mariana Islands (CNMI). more
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10/29/2009 | USCIS Issues Public Charge Fact Sheet USCIS issued a fact sheet for non-citizens about public charge determinations. An individual who is likely at any time to become a “public charge” is inadmissible to the U.S. and ineligible to become a legal permanent resident. Some non-citizens and their families are eligible for public benefits without being found to be a public charge. more
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10/29/2009 | USCIS Staffing Updates (10/2009) USCIS provides a personnel update for the positions of Chief Counsel, Chief of the Office of Communications, and Chief of the Administrative Appeals Office. more
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10/29/2009 | CA6 Finds IJ Has Authority to Determine Frivolousness of a Time-Barred Asylum Application The court finds that IJs have the authority to make a frivolousness finding in the context of a time-barred asylum application. The court denies the petition for review. (Ghazali v. Holder, 10/29/09). more
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10/29/2009 | BIA on Authority to Reopen Removal Proceedings Where USCIS Has Jurisdiction over Relief Request BIA finds that it generally lacks authority to reopen final exclusion, deportation, or removal proceedings where an alien seeks to pursue relief over which neither the Board nor the IJ has jurisdiction. BIA denies respondent’s motion to reopen and further grants the DHS motion to reopen and terminate removal proceedings. (Matter of Yauri, 25 I&N Dec. 103 (BIA 2009). more
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10/28/2009 | DHS Estimates of the Legal Permanent Resident Population in 2008 On 10/28/09, the DHS Office of Immigration Statistics released a report providing estimates of the legal permanent resident population and population eligible to naturalize as of January 2008. more
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10/27/2009 | CA7 Denies Petition for Attorney’s Fees in Immigration Case CA7 denies petition for attorney’s fees and finds that the Government’s position in an immigration case was substantially justified (Potdar v. Holder, 10/27/09). more
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10/27/2009 | DOS Information Regarding Registration as a Castelano Class Member On 08/14/09, the U.S. District Court for the Southern District of Texas approved the Settlement Agreement in Castelano, et al. v. Clinton, et al. This settlement may affect persons whose births were registered by a midwife or birth attendant in TX and who applied for a passport in the U.S. between 4/8/03 and 8/12/09, and did not receive a passport. more
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10/27/2009 | USCIS Establishes Transitional Worker Program for the CNMI USCIS posted an interim final rule in the Federal Register that creates a Transitional Worker visa classification in the Commonwealth of the Northern Mariana Islands (CNMI). A question and answer list follows the news release. more
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10/26/2009 | CBP Creates Electronic Reading Room to Increase Public Access to Documents On 10/23/09, CBP launched an upgraded CBP Freedom of Information Act Electronic Reading Room designed to increase public access to agency records and documents. The site will feature records and documents formerly only available through FOIA request. more
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10/26/2009 | ICE Names New Leader of the Office of Investigations in New York City ICE Assistant Secretary John Morton has named James T. Hayes Jr. as the special agent in charge of the ICE Office of Investigations in New York City. more
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10/20/2009 | CA9 Affirms BIA Decision Finding Lack of Authority to Extend 30-Day Filing Deadline for an Appeal CA9 finds that, based on Supreme Court precedent, it must defer to the BIA’s reasonable interpretation in Liadov that the agency lacks authority to extend the thirty-day filing deadline for an appeal. As a result, the BIA did not abuse its discretion in denying petitioner’s motion to reconsider. (Irigoyen-Briones v. Holder, 9/29/09). more
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10/20/2009 | CA5 Finds BIA Incorrectly Applied De Novo Review to Deny Good-Faith Hardship Waiver The Court reverses the BIA decision to overturn the grant of a good-faith hardship waiver and remands. The Court finds that the BIA incorrectly applied de novo review to conclude that the marriage was not entered into in good faith. (Alvarado De Rodriguez v. Holder, 9/09/09). more
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10/20/2009 | CA1 Affirms District Court Dismissal Pursuant to Federal Rules of Civil Procedure The Court affirmed the district court’s dismissal of the petitioner’s amended complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Chiang v. Skeirik, 9/28/09). more
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10/20/2009 | BALCA Reverses Denial, Holding That a Wage Offer of 99.95% of Prevailing Wage is Sufficient in This Precise Case BALCA reverses a PERM denial stating that it is “willing to round up to 100%” when the employer’s statement of its wage was $.40 less per week than the prevailing wage. The Court limited the holding to “the precise circumstances of this precise case.” Matter of Superior Landscape, Inc., 2009-PER-00083 (8/28/09). more
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10/20/2009 | BALCA Affirms Denial Based on Employer’s Failure to List CO’s Address on Notice of Filing BALCA affirms the PERM denial based on the employer’s failure to list CO’s Address on Notice of Filing in violation of 656.10(d)(3)(iii). Matter of KFI, Inc., 2009-PER-00288 (8/25/09). more
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10/20/2009 | BALCA Affirms Denial Based on Employer’s Failure to State Experience Requirement on PWD Request BALCA affirms the PERM denial based on the employer’s failure to state the experience requirement on the Prevailing Wage Determination request to the State Workforce Agency. Matter of Florida Restaurant Group, LLC, 2009-PER-00014 (8/25/09). more
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10/20/2009 | BALCA Affirms Denial Because the Job Order Was Conducted Outside the 180 Day Requirement BALCA affirms the PERM denial based on the fact that the application was filed 187 days after the job order was placed, and consequently, the job order was conducted outside the 180 day requirement. Matter of Spires Restaurant, 2009-PER-00125 (8/25/09). more
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10/20/2009 | BALCA vacates the denial based on the fact that the request for PERM conversion and to maintain the original priority date of 4/26/01 was submitted prior to the receipt of the Recruitment Notice. Matter of Far East Home Care, Inc., 2009-PER-00170 (7/13/09). more
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10/20/2009 | BALCA Affirms Denial Based on Lack Of FEIN on Date of Filing for Domestic Household Employer BALCA affirms denial based on the fact that the employer, a domestic household, lacked a valid FEIN on the date of filing the labor certification. Matter of Edward J. Tierny, 2009-PER-00314 (7/13/09). more
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10/19/2009 | BALCA Affirms PERM Denial Based on Restrictive Experience Requirement BALCA affirmed the PERM denial on the ground that the requirement of 14 years experience for an SVP 7 position significantly restricted the applicant pool and contravened the SVP requirement. The Employer’s petition for en banc review was denied. Matter of Globalnet Management, L.C., 2009-PER-00110 (8/6/09). more
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10/19/2009 | BALCA Reverses PERM Denial Stating that Denying PERM on Ground Not Addressed in Audit Offends Fundamental Due Process BALCA reversed the PERM denial because the CO was not justified in basing the denial solely on the failure of Form 9089 to show the alien’s qualifications for special skills requirements, without first providing employer an opportunity to clarify the alien’s qualifications. Matter of Moreta and Associates, Int., 2009-PER-00008 (8/6/09). more
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10/19/2009 | BALCA Affirmed PERM Denial Because Job Order Placed 184 Days Prior to CO’s Date Stamp BALCA affirmed denial of LC because the SWA job order had been placed 184 days prior to the CO’s date stamp, and 20 CFR Sec.656.17(e)(2) requires that the job order must be placed no more than 180 days before the date of filing the application as indicated by the CO’s stamp, not the postmark. Matter of The Drywall Doctors, 2009-PER-00335 (8/6/09). more
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10/19/2009 | BIA on Jurisdiction over Arriving Aliens Seeking Adjustment of Status BIA finds that IJs have no jurisdiction to adjudicate an adjustment of status application filed by an arriving alien, with the exception of an alien in removal proceedings after returning pursuant to a grant of advance parole to pursue a previously filed application. Matter of Silitonga, 25 I&N Dec. 89 (BIA 2009), Interim Decision #3656. more
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10/19/2009 | BIA Finds Alien Who Entered U.S. as a Crewman Ineligible for Cancellation of Removal BIA finds that an alien who entered the U.S. pursuant to a crewman’s visa for the purpose of obtaining employment as a crewman is statutorily ineligible for cancellation of removal under INA § 240A(c)(1), 8 U.S.C. § 1229b(c)(1). Matter of G-D-M-, 25 I&N Dec. 82 (BIA 2009), Interim Decision #3655. more
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10/19/2009 | National Benefits Center Processing Time Report (10/18/09) NBC Processing Time Report released 10/18/09 with processing dates as of 8/31/09. more
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10/19/2009 | California Service Center Processing Time Report (10/18/09) CSC Processing Time Report released 10/18/09 with processing dates as of 8/31/09. more
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10/19/2009 | Nebraska Service Center Processing Time Report (10/18/09) NSC Processing Time Report released 10/18/09 with processing dates as of 8/31/09. more
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10/19/2009 | Texas Service Center Processing Time Report (10/18/09) TSC Processing Time Report released 10/18/09 with processing dates as of 8/31/09. more
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10/19/2009 | Vermont Service Center Processing Time Report (10/18/09) VSC Processing Time Report released 10/18/09 with processing dates as of 8/31/09. more
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10/16/2009 | ICE Announces Standardized 287(g) Agreements On October 16, 2009, ICE announced standardized memorandums of agreement for state and local law enforcement agencies participating in the 287(g) program. Following the announcement is a list of local and state law enforcement agencies that are participating. more
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10/16/2009 | BALCA Affirms Denial Based Lack of Evidence of Valid FEIN BALCA affirms denial based on lack of evidence of a valid FEIN. Bender Ent, Inc., 2009-PER-00274 (7/13/09). more
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10/16/2009 | BALCA Vacates Denial Finding Alien Entitled to Retain Earlier Priority Date BALCA vacates denial of employer’s refile request under Sec. 656.17(d) to retain an earlier priority date. An issue remains regarding a name change. Matter of A&R Enterprises, 2009-PER-00152 (7/13/09). more
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10/16/2009 | BALCA Affirms Denial on Ground That Alien Did Not Meet Educational Requirements After Revision of Form 9089 BALCA affirms the denial of a labor certification on the ground that the alien did not meet the educational requirements in the Form 9089, after its revision. Grand Metropolitan Housewares, Inc., 2009-PER-00036 (7/13/09). more
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10/15/2009 | BIA Finds IJ Has Authority to Review and Modify Conditions of Release Imposed by DHS BIA finds that an IJ has authority under INA§ 236(a)(2)(A) and 8 C.F.R. § 1236.1(d)(1) (2009) to review and consider whether to modify the conditions of release imposed on an alien by DHS. BIA dismisses DHS appeal. Matter of Garcia-Garcia, 25 I&N Dec. 93 (BIA 2009) Interim Decision #3657. more
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10/14/2009 | DOL Recovers More Than $1.4 Million In Back Wages For Contract Employees Of USCIS Vermont Service Center DOL recovered more than $1.4 million in back wages for 237 employees of Computer Sciences Corp., a contractor for the USCIS Vermont Service Center at various locations in St. Albans and Essex Junction, VT. more
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10/14/2009 | CIS Ombudsman Offers Pathway to Resolve Pending Derivative I-485s Due to File Separation The CIS Ombudsman's Office offers an option for attempting to resolve the issue of a pending Adjustment of Status (I-485) Application for a derivative beneficiary where the file has apparently been separated from an approved principal beneficiary's casefile. more
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10/13/2009 | Visa Bulletin for November 2009 DOS released the Visa Bulletin for 11/09. Section D addresses the expiration date of 10/30/09 for certain employment-based fourth and fifth preference cases. more
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10/13/2009 | AAO Processing Times 10/1/09 The AAO recently released its processing time report as of October 1, 2009. more
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10/13/2009 | Annual Diversity Immigrant Visa Program Entries Up DOS issued a Consular Affairs Update stating that in first week of the 2011 Diversity Immigrant Visa Program (DV-2011), applicants submitted over 900,000 entries, a 63 percent increase over the same period last year. DOS expects over 13,000,000 entries before the registration period ends. more
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10/05/2009 | CA5 Holds Parents’ Knowledge of Inadmissibility Imputed to Minor Children The Court held that Petitioner’s parents’ knowledge of her inadmissibility is imputed to Petitioner regardless of fact that Petitioner was a minor at the time of Parent’s fraud in the naturalization process. Thus, Petitioner was ineligible for a 212(k) waiver due to her imputed inadmissibility. (Mushtaq v. Holder, 09/23/09). more
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10/05/2009 | O’Hare Airport Temporary Staffing Employees Sentenced for Harboring Undocumented Aliens On 9/30/09 ICE announced that the owner of a Bensenville, IL temporary employment agency and her assistant were sentenced in federal court for harboring undocumented aliens and assisting those workers in obtaining unauthorized access to secure areas at O'Hare International Airport, including the tarmac. more
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10/05/2009 | New ICE Initiative Uses Biometrics to Enhance Identification and Removal of Criminal Aliens in Virginia On 9/30/09 ICE announced a new initiative to be used in Prince William County, Virginia, to accurately indentify and remove dangerous criminal aliens from the community. The initiative is named Secure Communities and was developed by DOJ and DHS. more
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10/05/2009 | ARB Finds ALJ Properly Issued Default Judgment Against Respondents and Awarded Back Pay Plus Filing Fees This August 31, 2009, Administrative Review Board case affirms the Administrative Law Judge’s decision issuing a default judgment against Respondent which included $30,869 of back pay plus filing fees. Matter of Marco Sifuentes (ARB, 8/06/09). more
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10/05/2009 | BALCA Reverses Denial Based on Failure to Include Kellogg Language BALCA reverses the denial of a labor certification on the ground that the application did not violate the regulations by failing to include the Kellogg language. Matter of Agma Systems, LLC, 2009-PER-00132 (8/06/09). more
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10/05/2009 | CA7 Remands In LIFE Act Adjustment/ Inadmissibility Case The Court held that the Board’s decision finding inadmissibility under 8 USC Section 1182(A)(9)(B)(i)(II) for a LIFE ACT Adjustment applicant, failed to heed the difference between Sections (B)(i)(II) and (C)(i)(I). Finding that admission has different meanings in the statute, the Court remanded to the Board. (Lemus-Losa v. Holder, 08/13/09). more
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10/05/2009 | CA9 Affirms Denial of Extraordinary Ability Visa Summary Judgment Finding that the Petitioner did not establish evidence of extraordinary ability, the Court affirmed the District Court’s grant of summary judgment for USCIS holding that USCIS’ denial of an extraordinary ability visa was not arbitrary and capricious or contrary to law. (Kazarian v. USCIS, 09/04/09). more
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10/02/2009 | USCIS Posts Notice of New G-28; Old G-28 Invalid as of October 30, 2009 On October 2, 2009, USCIS posted a press release on its website announcing that a Revised Entry of Appearance as an Attorney, G-28 Form has been issued. USCIS will accept old versions of the G-28 until October 30, 2009, after which point, old versions will be considered invalid. The New G-28 is not yet available on USCIS' website. more
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10/02/2009 | CA7 Holds Labor Certification Expiration Rule is Within DOL Statutory Mandate and Has No Retroactive Effect The Court Affirmed the District Court’s order of summary judgment for Defendants, finding that promulgation of 20 CFR Section 656.30(b)(1)-(2) relating to expiration of Labor Certifications was within DOL’s statutory authority. Moreover, the rule is not impermissibly retroactive. (Durable Manufacturing CO. v. DOL/ETA, 08/18/09). more
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10/02/2009 | CA7 Remands to Board for Failure to Consider Petitioner’s Changed Circumstances Motion To Reopen The Court held that the Board erred when it failed to consider Petitioner’s argument that her parent’s threat of forced marriage constituted a changed circumstance, allowing a second motion to reopen to be filed out of time. (Joseph v. Holder, 08/27/09). more
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10/02/2009 | CA7 Holds Board Abused Discretion by Rejecting Brief as Out of Time The court held that the Board abused its discretion when it rejected Petitioner’s brief as out of time where Petitioner never received notice of the briefing schedule. (Dakaj v. Holder, 08/31/09). more
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10/02/2009 | EOIR Fact Sheet: Who Can Represent Aliens in Removal Proceedings The Executive Office of Immigration Review Released a Fact Sheet outlining who may represent individuals in removal proceedings. more
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10/02/2009 | Secretary Napolitano Announces More Than $355 Million for Airport Security Projects Department of Homeland Security (DHS) Secretary Napolitano announced that more than $355 million in funding for more than a dozen airport security projects will be funded by the American Recovery and Reinvestment Act (ARRA). The money will be used for inline baggage handling systems, closed circuit television systems, and checkpoint technologies. more
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10/02/2009 | Texas District Court Strikes Down Widow Penalty A Texas District Court held that a widow and I-129F beneficiary, of a U.S. Citizen may adjust status to that of Lawful Permanent Resident regardless of Spouses death prior to removal of conditional residence.(Hanford v. Napolitano, W.D. TX, 9/18/09). more
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10/02/2009 | Missouri District Court strikes Down Widow Penalty A Missouri District Court held that a widow of a U.S. Citizen continues to qualify as an “immediate relative” for purposes of § 1151(b)(2)(A)(i), despite the death of her husband prior to the adjudication of her petition and adjustment application. (Kells v. Napolitano, E.D. MO, 9/29/09). more
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10/01/2009 | AAO Processing Times 10/1/09 AAO Processing Times as of October 1, 2009. more
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10/01/2009 | "Eight Years after 9/11: Confronting the Terrorist Threat to the Homeland": Testimony of Secretary Napolitano Testimony of Secretary Napolitano before the Senate Committee on Homeland Security and Governmental Affairs, "Eight Years after 9/11: Confronting the Terrorist Threat to the Homeland." more
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10/01/2009 | Associate Attorney General Tom Perrelli's Testimony "Advancing Freedom of Information in the New Era of Responsibility" The Associate Attorney General of the Department of Justice and the Department's Chief FOIA Officer testifies about the Freedom of Information Act (FOIA), and the efforts of the Department of Justice to implement the President’s January 21, 2009 FOIA Memorandum and the Attorney General’s March 19, 2009 FOIA Guidelines. more
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September, 2009
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09/29/2009 | 2011 Diversity Visa Lottery Program Registration Starts October 2nd DOS announces that the opening of the registration period for the DV-2011 Diversity Visa lottery. Entries for the DV-2011 Diversity Visa lottery must be submitted electronically between noon, Eastern Daylight Time (EDT), Friday, October 2, 2009, and noon, Eastern Standard Time (EST), Monday, November 30, 2009. more
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09/29/2009 | DOJ Awards Education Campaign Grants to Fight Immigration-Related Employment Discrimination On 9/28/09 the Justice Department announced that it has awarded $723,000 in grants to twelve groups serving communities throughout the country, to conduct public education programs for workers and employers about federal protections against immigration-related job discrimination. more
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09/28/2009 | CA2 Hold that BIA Erred by Ignoring Sworn Statement of Attorney as Evidence The court held that the BIA erred by not considering as evidence Petitioner’s attorney’s sworn affirmation stating that petitioner did not understand the immigration Judge’s instructions regarding the requirement to show up at his hearing. The Court, however, denied the petition for review. (Kulhawik v. Holder, 7/6/09). more
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09/28/2009 | CA1 Affirms BIA Denial of Second Motion To Reopen Where There is no Ineffective Assistance of Counsel The Court denied Petitioner’s Second Motion to Reopen, based on ineffective assistance of counsel. Finding that prior counsel was not ineffective, and that Petitioner did not comply fully with the Lozada requirements, the Court Denied the Petition for review. (Punzalan v. Holder 8/5/09). more
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09/28/2009 | CA9 Remands to BIA for Consideration of REAL ID Act Corroboration Standard Court held that corroboration standard in REAL ID Act applies to CAT application filed after effective date of Real ID ACT. The court remanded to BIA for consideration of REAL ID ACT corroboration standard. (Owino v. Holder, 8/4/09). more
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09/28/2009 | CA9 Applies Categorical Approach and Finds California Drug Offense Renders Individual Removable Applying the modified categorical approach the court held that a conviction under California Statute Section 11352(a) is a “violation of …any law or regulation of a state... relating to a controlled substance” rendering the individual removable. (Mielewczyk v. Holder, 8/5/09). more
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09/28/2009 | CA8 Finds 212(c) Relief Does Not Require Reliance on Pre-1996 Law The Court held that eligibility for 212(c) relief in removal proceedings does not require a plea agreement in reliance on pre-1996 law. Individual with pre-1996 conviction may still be eligible for 212(c) relief. (Lovan v. Holder, 7/31/09). more
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09/28/2009 | USCIS Q&A on Pending Employment Based Form I-485 Inventory On September 25, 2009, USCIS released Q&As on delays in processing of employment based adjustments. Following the Q&As are I-485 Employment-based Inventory Statistics. more
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09/25/2009 | H-2B Temporary Labor Certification Process Stakeholder Briefing In September 2009, the Department of Labor (DOL) held Stakeholder briefing sessions in Boston and Chicago. The DOL offered a regulatory overview, information on employer application filing, and program integrity provisions. more
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09/25/2009 | EOIR Fact Sheet on Fraud and Abuse Program On On September 25, 2009, EOIR released a Fact Sheet outlining its new Fraud and Abuse Program, which aims to identify and refer claims of fraud encountered by EOIR. more
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09/25/2009 | Florida District Court Strikes Down Widow Penalty The U.S. District Court for the Southern District of Florida, Fort Pierce Division, found that despite a U.S. Citizen I-130 petitioner’s death prior to adjudication on the merits, USCIS had no basis to revoke or terminate the petition for classification as an immediate relative. Maclean v. Napolitano (S.D. FL 09/24/09). more
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09/25/2009 | Maryland District Court Strikes Down Widow Penalty The U.S. District Court for the District of Maryland, Southern Division, found that petitioners were eligible for classification as immediate relatives of their citizen spouses who died before the couples’ second year of marriage where the citizens filed an I-130 prior to their deaths. Robledo v. Chertoff (S.D. MD 9/25/09). more
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09/25/2009 | Florida Man Convicted At Trial For Selling Fraudulent Indian Documents On 9/22/09 ICE announced that Audie Watson of Tamarac, FL was found guiltyfor fraud, immigration, and money laundering crimes. Watson sold membership in a Native American tribe called the Pembina Nation Little Shell to undocumented aliens in order for them to make claims of Native American lineage to immigration authorities and thereby avoid removal. more
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09/24/2009 | Immigration Consultant Sentenced to 41 Months in Prison for Fraud Shahrzad Eram Soleimanlou, 59, of Falls Church, Va., was sentenced to 41 months in prison for defrauding vulnerable immigrant applicants of approximately $1 million from June 2000 through December 2005. She will also be required to pay approximately $1 million in restitution. more
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09/23/2009 | Alan Bersin To be Nominated for CBP Commissioner On 9/23/09 President Obama announced his intent to nominate Alan D. Bersin for CBP Commissioner. Bersin is currently the Assistant Secretary for International Affairs and Special Representative for Border Affairs in DHS. more
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09/23/2009 | Secretary Napolitano Applauds President Obama’s Intent to Nominate Alan Bersin as CBP Commissioner DHS Secretary Napolitano applauds the intent to nominate of Alan Bersin as CBP Commissioner. As DHS Assistant Secretary for International Affairs and Special Representative for Border Affairs at DHS, Bersin has led efforts to implement President Obama’s Southwest Border Initiative. more
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09/22/2009 | Scialabba Memo Regarding Inadmissibility Due to HIV Infection A September 15, 2009, memo from Lori Scialabba and Donald Neufeld, directs USCIS officers to hold in abeyance any waiver application and associated benefit request which would be denied under current law, if the only ground of inadmissibility is that the applicant has been diagnosed with HIV infection. more
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09/22/2009 | USCIS Launches Redesigned Website (Updated) On 9/22/09 USCIS launched a newly redesigned website The new USCIS website provides a one-stop location for immigration services and information including a new service called My Case Status, which allows immigration customers to receive alerts on the status of their applications via text message and e-mail. Multiple fact sheets and Q&As included. more
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09/22/2009 | BALCA Upholds Denial of PERM Application Filed Less Than 30 Days After Job Order Ended BALCA affirms the denial of a labor certification on the ground that the Employer violated the regulation by filing its application less than 30 days after the SWA job order ended. Matter of Maria's Home for the Aged, 2009-PER-00179(7/13/09). more
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09/22/2009 | BALCA Affirms Denial Based on Lack of Proof of Job Order BALCA affirms the denial of a labor certification on the ground that the Employer provided no proof the job order actually ran, that it ran for at least 30 days, and that it fit within the regulatory time constraints of 656.17(e). Matter of Van Bui, D.D.S., 2009-PER-00144(7/01/09). more
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09/22/2009 | BALCA Affirms Denial Based on Job Order Deficiency BALCA affirms the denial of a labor certification on the ground the Employer did not document that the Job Order was run by the SWA for the requisite 30 days. Matter of Pacific Lumber Supply, Inc., 2009-PER-00208(7/01/09). more
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09/22/2009 | BALCA Affirms LC Denial Due to Notice of Filing Deficiency BALCA affirms the denial of a labor certification on the ground that the Employer's Notice of Filing failed to include any information on how to contact the appropriate CO. Matter of Ron Lopes, LLC, 2009-PER-00009(6/30/09). more
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09/21/2009 | ICE’s Miami Field Office Removes 423 Criminal Aliens in August Four hundred twenty-three criminal aliens from 36 different countries were removed last month by deportation officers from the Ice Miami Field Office of Detention and Removal. The individuals who were removed had a variety of criminal convictions including assault, burglary, drugs, fraudulent activities, larceny, robbery, sexual assault and weapons offenses.more
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09/21/2009 | Global Entry Program Now Available at Detroit Airport On 9/18/09 CBP announced that the international trusted traveler system, Global Entry, is now available at the Detroit Metropolitan International Airport in Michigan. more
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09/18/2009 | AAO Processing Time Report (9/18/09) AAO Processing Times as of September 1, 2009. more
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09/18/2009 | Leader Of International Counterfeit Immigration Document Ring Sentenced On 9/11/09 Pedro Castorena-Ibarra, the leader of a prolific and nationwide fraudulent immigration document ring was sentenced Friday to serve 57 months in federal prison. As part of the initial investigation, ICE seized more than 3 million counterfeit identity documents. more
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09/18/2009 | Global Entry Program Now Available at Las Vegas Airport On 9/16/09 CBP announced that the international trusted traveler system, Global Entry, is now available at McCarran International Airport in Las Vegas, NV. more
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09/16/2009 | USCIS Q&A: Filing Form I-485, I-765, or I-131 for Refugees and Asylees USCIS offers a Q&A to clarify issues on filing adjustment applications, work authorization documents, and refugee travel documents for refugees and asylees. more
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09/16/2009 | DOL Offers FAQs on Labor Condition Applications for H-1Bs On April 15, 2009, DOL launched the iCERT Portal, which created a new electronic system for the submission of Labor Condition Applications. As a result, DOL has now offered FAQs in response to questions arising from the application of the new online system and the newly redesigned ETA Form 9035 and 9035E. more
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09/16/2009 | Interim Employment Authorization Documents Provided for Nationals of El Salvador USCIS announced 9/17/09 that interim EADs will be issued to Salvadoran TPS beneficiaries who have not yet received a final action on their re-registration applications and whose re-registration applications have been pending for more than 90 days. more
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09/16/2009 | USCIS Field Office Waiver Process Flow Chart Mr. Warren Janssen, the USCIS Field Office Director for Ciudad Juarez, provided AILA with the attached USCIS Field Office Waiver Process Chart for Ciudad Juarez, which is a flow chart related to the immigrant visa waiver process. more
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09/16/2009 | USCIS Awards $1.2 Million for Citizenship Grant Program USCIS Director, Alejandro Mayorkas, announced the recipients for the $1.2 Million Citizenship Grant Program. The funding will be used to support citizenship preparation programs for legal permanent residents. more
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09/16/2009 | Director Mayorkas Announces Office of Public Engagement U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today announced the creation of the USCIS Office of Public Engagement (OPE) to focus on open, candid and constructive collaboration with immigration community stakeholders at all levels. more
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09/16/2009 | US-VISIT Results in Apprehension of Imposter at Border CBP announced that the US-VISIT allowed them to catch an individual attempting to pass themselves off as a returning asylee on 3/6/09. Primary inspection with US-VISIT indicated a mismatch on the fingerprints and the individual was determined to be using fraudulent papers. more
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09/16/2009 | Vermont Service Center Processing Time Report (9/14/09) VSC Processing Time Report released 9/14/09 with processing dates as of 7/31/09. more
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09/16/2009 | Texas Service Center Processing Time Report (9/14/09) TSC Processing Time Report released 9/14/09 with processing dates as of 7/31/09. more
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09/16/2009 | Nebraska Service Center Processing Time Report (9/14/09) NSC Processing Time Report released 9/14/09 with processing dates as of 7/31/09. more
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09/16/2009 | National Benefits Center Processing Time Report (9/14/09) NBC Processing Time Report released 9/14/09 with processing dates as of 7/31/09. more
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09/16/2009 | California Service Center Processing Time Report (9/14/09) CSC Processing Time Report released 9/14/09 with processing dates as of 7/31/09. more
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09/16/2009 | Missouri Poultry Processing Plant Pays $450,000 Fine for Hiring Undocumented Worke A May 2007 enforcement by ICE agents found 136 undocumented workers at George's Processing Plant in Springfield, MO. Twenty-eight workers were criminally prosecuted for various immigration violations, including falsely claiming U.S. citizenship. Two of the company's hiring personnel were convicted of harboring illegal aliens and inducing illegal aliens to remain in the U.S. more
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09/14/2009 | BALCA Reverses PERM Denial Based on Reasoning in Brooklyn Amity School BALCA reverses the denial of a labor certification on the ground that putting the address of the San Francisco CO, rather than the National Processing Center (NPC), should not result in a PERM denial where it is undisputed that the San Francisco CO was forwarding applications to the NPC. Matter of Hawaii Pacific University, 2009-PER-00127(6/25/09). more
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09/14/2009 | E-Verify Users Manual E-Verify Users Manual for general users, program administrators, and designated agents. more
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09/11/2009 | USCIS Payment and Check Instructions USCIS offers a check instruction Q&A, as well as guidance on paying filing, biometrics or other fees. more
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09/10/2009 | E-Verify Supplemental Guide for Federal Contractors The E-Verify Supplemental Guide instructs federal contractors on the process for verifying employees through the E-Verify system by confirming employment eligibility of all persons hired and currently employed during the government contract term. The E-Verify language in the regulation took effect on September 8, 2009. more
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09/10/2009 | Neufeld Memo Provides Guidance Regarding Surviving Spouses of Deceased U.S. Citizens and Their Children (Revised 09/04/09) A September 4, 2009, revised memo from Donald Neufeld, Acting Associate Director, Office of Domestic Operations, USCIS, replaces a June 15, 2009, memo and provides guidance regarding new procedures for deferred action for surviving spouses of deceased U.S. Citizens and their children. more
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09/10/2009 | Visa Bulletin for October 2009 DOS released the Visa Bulletin for October 2009. Section D addresses the expiration date of September 30, 2009, for certain employment-based fourth and fifth preference cases. more
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09/10/2009 | CBP Works with Air Carriers to Update Visa Waiver Agreements CBP will begin working with air carriers that provide service to Guam and the Commonwealth of Northern Mariana Islands to update their visa waiver agreements. Under the Consolidated Natural Resources Act of 2008, U.S. immigration laws will be extended to the CNMI, and a new visa waiver program for travel to Guam and the CNMI will be established. more
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09/09/2009 | USCIS Update: E-Verify Federal Contractor Rule Now Effective On 9/8/09 USCIS issued an update reminding federal contractors and subcontractors that they now may be required to use the E-Verify system to verify their employee’s eligibility to work in the U.S. if their contract includes the Federal Acquisition Regulation (FAR) E-Verify clause. more
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09/04/2009 | DOL Proposed Rule on Temporary Agricultural Employment of H-2As A 9/4/09 DOL proposed rule to amend regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment. Comments are due 10/5/09. (74 FR 45905, 9/4/09). more
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09/04/2009 | CBP Hires Deputy Executive Director for Secure Border Initiative On 9/3/09 CBP announced the selection of Elizabeth Holden for the position of Deputy Executive Director for the Secure Border Initiative Program. more
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09/04/2009 | Border Patrol Begins Construction on SBInet Technology on Northern Border U.S. Border Patrol began construction 9/2/09 on the deployment of eleven Remote Video Surveillance Sites in Detroit as part of a CBP initiative to enhance the use of technology in securing the northern border against illegal cross-border activity. The Northern Border Project will provide surveillance capabilities using technology similar to what is in use in the southwest. more
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09/03/2009 | USCIS Memo on Successor-in-Interest Determinations in Adjudication of Form I-140 Petitions An 8/6/09 memo from USCIS Acting Associate Director Donald Neufeld amending the current Adjudicator’s Field Manual guidance on factors for making successor-in-interest determinations in the adjudication of Form I-140, Immigrant Petition for Alien Worker. more
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09/03/2009 | United States and Mexico Announce Agreement for Cross Border Public Security Communications Network On 9/2/09 DHS and DOS announced that senior officials on the United States-Mexico High-Level Consultative Commission on Telecommunications (HLCC) have signed a bilateral telecommunications agreement to support a new cross border communications network for public safety and law enforcement organizations focused on strengthening border security. more
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09/02/2009 | VSC Stakeholder Qs & As with Meeting Minutes (8/20/09) The 8/20/08 joint Stakeholder questions and answers with meeting minutes address H-1B, 3rd party worksites, I-94, J-1, Premium Processing, H-2B, L-1A/L-1B, specialized knowledge, Q-1, F-1, I-765, OPT, U, T, I-601, customer service, G-28, TPS, Consular returns, 212(e) waivers, NVC, I-539, N-400, humanitarian reinstatement, check validity, and more. more
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09/02/2009 | CBP Debuts Global Entry Program at Seattle Airport On 9/1/09 CBP and the Port of Seattle demonstrated Global Entry, a new clearance system for international air travelers at Seattle-Tacoma International Airport. Global Entry applicants present their machine-readable passport, submit their fingerprints for biometric verification and make a declaration at the kiosk. more
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09/01/2009 | USCIS Update on Correction of I-90 Duplicate Receipt Numbers Issued August 10-19th An 8/31/09 USCIS Update explains that the USCIS Phoenix Lockbox issued duplicate receipt numbers to I-90 applications received between August 10th and 19th. On August 28th USCIS sent new I-797Cs with corrected numbers along with a letter of explanation. A Q&A follows. more
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August, 2009
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08/31/2009 | USCIS Memo to CIS Ombudsman on Improving the Filing and Review Process for Motions to Reopen or Reconsider An 8/18/09 memo from USCIS Acting Deputy Director Michael Aytes to Richard Flowers, Acting CIS Ombudsman responding to his recommendation that USCIS establish more uniform filing and review procedures for motions to reopen and reconsider among field offices and service centers as well as improve communication of those procedures to customers and stakeholders. more
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08/31/2009 | USCIS Issues Guidance for Surviving Spouses of U.S. Citizens On 8/31/09 USCIS issued guidance on requesting deferred action for surviving spouses of U.S. citizens who died before the second anniversary of their marriage. FAQs and Fact Sheet follow. more
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08/31/2009 | CBP Issues Regulations for Implementation of Exemptions to Privacy Act of 1974 On 8/31/09 CBP issued a series of regulations amending its regulations to exempt portions of the CBP system of records from certain provisions of the Privacy At of 1974. (74 FR 45069, 8/31/09). more
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08/31/2009 | USCIS Issues Clarification Regarding H-2B Petitions Filed by Certain Associations on Behalf of Their Members USCIS indicates that association member-employers generally should file a petition for H-2B classification directly and separately with USCIS, rather than through a “master” petition filed by an association on behalf of several of its members. Petitions filed by associations that fail to meet the petitioner requirements for H-2B classification will be denied. more
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08/27/2009 | USCIS Update: Expiration Date of Employment Eligibility Verification Form I-9 Extended to August 31, 2012 On 8/27/09 USCIS announced that OMB has extended its approval of the I-9 Employment Eligibility Verification form to 8/31/2012. An amended version of the form is available. Employers may use either the current form or the new one with a revision date of 8/7/09. more
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08/27/2009 | DHS Announces New Directives on Border Searches of Electronic Media DHS Secretary Napolitano announced 8/27/09, new directives to enhance and clarify oversight for searches of computers and other electronic media at U.S. ports of entry. The new directives address the circumstances under which CBP and ICE can conduct border searches of electronic media. CBP and ICE directives and Privacy Impact Assessment included. more
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08/26/2009 | USCIS Announces Stand Alone Application Support Centers Change in Schedule On August 26, 2009, USCIS announced that stand alone application support centers will operate on a new weekly schedule. more
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08/26/2009 | Stakeholder/USCIS Q & As (7/28/09) The Q&As addresses Refugee Adjustment, NCSC follow up e-mails, change of address, Naturalization, N-400 Fee Waivers, RFEs, erroneous Conditional Residence cards, Special Immigrant Juveniles, N-648 Disability Waivers, and more. more
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08/26/2009 | District Court Upholds Mandatory E-Verify Rule for Federal Contractors On August 25, 2009, The United States District Court for the District of Maryland, Southern Division, granted Defendants’ cross motion for summary judgment in Chamber of Commerce of the USA v. Napolitano, a case challenging the mandatory E-Verify rule for federal contractors. Chamber of Commerce of The U.S.A. v. Napolitano, (S.D. Maryland, 08/25/09). more
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08/26/2009 | DOL Field Memo on Travel and Visa Expenses of H-2B Workers On August 21, 2009, the DOL Deputy Administrator, John McKeon, issued a Memorandum to Regional Administrators and District Directors, which discusses travel and visa expenses of H-2B workers under the Foreign Labor Standards Act (FLSA). more
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08/25/2009 | United States and Mexico Resume Voluntary Humanitarian Interior Repatriation Program On 8/24/09 DHS announced that it has resumed the Mexican Interior Repatriation Program (MIRP) for the sixth consecutive summer. MIRP is a bilaterally beneficial voluntary program that ensures the safe and swift return of Mexican nationals found to be in the Sonora Arizona desert region of the United States unlawfully to their places of origin in the Mexican interior. more
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08/20/2009 | Statement by Secretary Napolitano About White House Meeting on Comprehensive Immigration Reform Held 8/20/09 DHS Secretary Napolitano looks forward to working with President Obama, members of Congress and representatives from law enforcement, business, labor organizations, the interfaith community, advocacy groups and others on comprehensive immigration reform. more
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08/19/2009 | Neufeld Memo Provides Guidance on H-2A and H-2B Cases A 6/24/09 Memo from USCIS Acting Associate Director, Donald Neufeld, provides guidance for processing and adjudicating Form I-129, Petition for Nonimmigrant Worker, filed on behalf of H-2A agricultural temporary workers and H-2B nonagricultural temporary workers. more
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08/18/2009 | ICE Identifies Additional Detention Deaths During an in-depth review of records related to individuals who have died in ICE custody since October 2003, ICE has identified 10 individuals who were not previously included on the agency's list of detainee deaths. These 10 deaths occurred between FY 2004 and FY 2007. more
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08/18/2009 | ICE Briefing on Enforcement & Detention Issues In a telephonic briefing moderated by the White House, ICE Assistant Secretary Morton discussed current policies & perspectives on detention, worksite enforcement, 287(g), and residential raids. more
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08/17/2009 | Premium Processing Mailing Addresses USCIS offers the Standard U.S. mailing addresses and express mailing addresses when filing an I-129 or an I-140 via premium processing. more
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08/17/2009 | USCIS Reminds Eligible Applicants under Ruiz-Diaz to File Adjustment Application before End of August On 8/14/09 USCIS issued a reminder to special immigrant religious workers, who have a pending or approved Petition for Amerasian, Widow(er), or Special Immigrant, (Form I-360), to file their applications for adjustment of status before 8/31/09. more
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08/14/2009 | CA5 Reverses, Finds H-2B Employer is Not Liable for Relocation Costs Incurred by Workers The court holds that guest workers are entitled to Fair Labor Standards Act (FLSA) protection, but that the employer is not required to reimburse its guest workers for the recruitment fees, transportation costs, or visa fees that they incurred to work in the U.S. (Castellanos-Contreras v. Decatur Hotels LLC, 7/21/09). more
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08/14/2009 | Nebraska Service Center Processing Time Report (8/13/09) NSC Processing Time Report released 8/13/09 with processing dates as of 6/30/09. more
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08/14/2009 | Vermont Service Center Processing Time Report (8/13/09) VSC Processing Time Report released 8/13/09 with processing dates as of 6/30/09. more
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08/14/2009 | California Service Center Processing Time Report (8/13/09) CSC Processing Time Report released 8/13/09 with processing dates as of 6/30/09. more
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08/14/2009 | National Benefits Center Processing Time Report (8/13/09) NBC Processing Time Report released 8/13/09 with processing dates as of 6/30/09. more
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08/14/2009 | Texas Service Center Processing Time Report (8/13/09) TSC Processing Time Report released 8/13/09 with processing dates as of 6/30/09. more
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08/13/2009 | USCIS Releases Fact Sheet and PowerPoint Slides on Website Redesign On August 11, 2009 USCIS released a fact sheet and PowerPoint slides that describe the redesign of USCIS.gov and provide a preview of what the website may look like. more
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08/13/2009 | CA5 Rejects Argument that Post-Departure Bar is Contrary to IIRIRA Provisions The court finds the petitioner may not rely on 8 U.S.C. § 1229a(c) to challenge the post-departure bar in 8 C.F.R. §1003.2(d), the latter of which the BIA reasonably interpreted as overriding its sua sponte authority to reconsider or reopen the petitioner’s case under 8 C.F.R. § 1003.2(a). Denies petition for review. (Ovalles v. Holder, 7/27/09). more
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08/13/2009 | CA6 Strikes Down Widow Penalty (Updated 8/13/09) The court concludes that a “surviving alien-spouse” is a “spouse” within the meaning of the “immediate relative” provision of the INA. Counsel of record is Cathy Shibley. Decision courtesy of Brent Renison. (Lockhart v. Napolitano, 4/8/09. Amended 7/20/09). more
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08/13/2009 | ICE Arrests 50 Individuals Indicted for Participating in a National Marriage Fraud Scheme On 8/11/09 ICE announced the arrest of 50 people on charges that they participated in a scheme to arrange sham marriages in order to evade U.S. immigration laws. more
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08/13/2009 | Employer Cites Problems with OFLC System, but BALCA Finds Employer Responsible for Untimely Filing BALCA affirms the CO’s denial of the PERM application, as the job order was conducted more than 180 days before filing. The employer argued that the untimely filing was due in part to problems with the OFLC system. BALCA finds employer bears responsibility for not filing by mail in a timely manner. Matter of Art O Frame, 2009-PER-00150 (6/30/09). more
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08/13/2009 | BALCA Finds Application Properly Denied for Inability to Verify Employer Was Sponsoring Alien BALCA finds the CO properly rejected an unsigned letter from the Employer certifying sponsorship of the alien for the position. Employer did not file an appellate brief. As the CO’s findings were unrebutted, it affirmed the denial of the application. Matter of Diamond Valley Contracting, 2009-PER-00121 (6/23/09). more
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08/13/2009 | BALCA Affirms Denial as Employer Placed Advertisements More than 180 Days before Filing BALCA upholds denial of the PERM application, finding that the employer placed the two newspaper advertisements outside the window required under 20 C.F.R. § 656.17(e). The advertisements were placed more than 180 days prior to the date the application was submitted. Matter of Ivonne Median and Anthony Morales, 2009-PER-00243 (6/23/09). more
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08/12/2009 | DHS News Release on the Expansion of Global Entry Initiative to Thirteen Additional Airports In an 8/12/09 news release, DHS announced the expansion of the Global Entry initiative to 13 additional airports across the U.S. Global Entry is a CBP international trusted traveler program that uses biometric identification to screen passengers. more
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08/12/2009 | DHS Announces Additional 30 Million in Funding Designated to Secure SW Border DHS announced an additional $30 million in Operation Stonegarden grants to enhance the Department’s capabilities to coordinate with state, local and tribal law enforcement to effectively deter violence and trafficking, and to enforce immigration law. more
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08/12/2009 | BALCA Finds Postal Receipt without Address Insufficient to Prove Application Was Filed within Window BALCA finds employer failed to prove that the non-electronic PERM application was mailed within the filing window. Based on the date it was accepted for processing, BALCA concludes the job order was started 201 days before the application was filed and that the CO properly denied certification. Matter of Kayok Corporation, 2009-PER-00126 (6/23/09). more
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08/12/2009 | BALCA Upholds Denial of PERM Application Filed Ten Days after End of SWA Job Order BALCA finds CO correctly determined the Employer’s documentation did not justify changing the dates of the SWA job order from the ones written on the 9089. Employer requested an earlier SWA job order be used in support of the application, but the earlier job order was for a different position. Matter of Madigan Productions, 2009-PER-00033 (6/23/09). more
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08/11/2009 | BALCA Upholds Denial of PERM Application for Employer’s Failure to Provide Notice of Filing On reconsideration the CO reviewed the audit response and concluded that the requested Notice of Filing had not been provided. As the Employer did not provide evidence or argument to rebut that finding on appeal, BALCA affirmed denial of certification. Matter of Rowayton Pizza, 2009-PER-00214 (6/23/09). more
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08/11/2009 | BALCA Vacates Denial so that Employer Can Clear Up FEIN Inconsistency BALCA vacates denial of PERM application. Finds some merit to argument that CO never requested proof of valid FEIN. Remands matter to the CO to provide the Employer with the opportunity to clear up the inconsistency between the FEIN used on the application and the FEIN used in a prior approved application. Matter of Ornelas, Inc., 2009-PER-00246 (6/23/09). more
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08/11/2009 | BALCA Affirms Denial for Failure to State Rate of Pay in Notice of Filing BALCA finds that under 20 C.F.R. §656.10(d)(4) the Notice of Filing must state the rate of pay, and failure to do so constitutes grounds for denial. The Employer did not address this deficiency in the Notice of Filing either in its request for review or in an appellate brief. Matter of Servion Global Solutions, Inc., 2009-PER-00282 (6/23/09). more
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08/11/2009 | BALCA Finds Additional Recruitment Steps Were Required for Dietitian and Nutritionist Position Affirms CO’s denial of PERM application. Although Employer did not require a bachelor’s degree, the SOC/O*NET code provided corresponded to an Appendix A occupation, thus the Employer had to conduct the additional steps required for professional recruitment. Matter of Skin Cancer and Cosmetic Dermatology Center, P.C., 2009-PER-00072 (6/23/09). more
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08/11/2009 | Visa Bulletin for September 2009 DOS released the Visa Bulletin for September 2009. Section D addresses the employment-based fourth, and employment-based fourth certain religious worker categories. more
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08/11/2009 | USCIS Update Clarifies Notification Requirements for R-1 Religious Workers An 8/10/09 USCIS update clarifies today the manner in which petitioners for religious workers must notify USCIS regarding their employment of nonimmigrant religious workers in R-1 status under certain circumstances. more
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08/11/2009 | BIA Remands, IJ Granted Pre-Hearing Voluntary Departure without Securing Waiver of Appellate Rights BIA sustains appeal and remands. Finds the IJ granted pre-hearing voluntary departure under INA § 240B(a) and 8 CFR §1240.26(b) without securing the appellant’s explicit waiver of appellate rights as required. Non-precedent decision courtesy of Gurpatwant S. Pannun. more
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08/10/2009 | USCIS Issues Instructions for Case Status Inquiries with the Service Centers An 8/6/09 USCIS Update sets forth instructions for making inquiries about pending applications and petitions with one of the agency’s four Service Centers. more
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08/07/2009 | Neufeld Memo on Conditional Permanent Residents and Naturalization under Section 319(b) This 8/4/09 memo from Donald Neufeld provides field guidance and updates the Adjudicator’s Field Manual (AFM) to address circumstances under which an alien who was admitted as a lawful permanent resident on a conditional basis pursuant to section 216 of the INA may be naturalized under section 319(b) prior to the removal of the conditions. more
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08/06/2009 | USCIS Announces Reopening of FY 2009 H-2B Filing Period On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. Q&As follow the announcement. more
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08/06/2009 | ICE Announces Immigration Detention Reforms On 8/6/09 ICE announced planned reforms to overhaul the immigration detention system to move away from a jail-oriented approach, which relies on excess capacity in penal institutions. The fact sheet states that ICE will create an Office of Detention Policy and Planning, and design facilities located and operated for immigration detention purposes. more
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08/06/2009 | CA6 Finds Conviction for Violating Federal Counterfeiting Statute is an Aggravated Felony Court dismisses petition for lack of jurisdiction. Finds that a conviction for violating 18 U.S.C. § 472 is an aggravated felony under the INA, thus the IJ and BIA properly concluded that the petitioner is removable. Holds that INA §101(a)(43)(R) covers a range of activities beyond those of counterfeiting or forgery itself. (Nwagbo v. Holder, 6/30/09). more
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08/05/2009 | CA1 Finds Adjustment Applicant Ineligible, Precluded from Relief The court holds that the BIA did not abuse its discretion in denying the motion to reopen. The priority date for the applicant’s visa was not available at the time the motion was filed, thus he was unable to establish a prima facie case for adjustment and was precluded from relief under 8 U.S.C. § 1255(a). (Oliveira v. Holder, 6/4/09). more
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08/05/2009 | CA8 Upholds Determination of Ineligibility for Cancellation of Removal Because of CIMT Conviction The court finds petitioner’s Iowa state court conviction for operating a motor vehicle while intoxicated would not alone be a CIMT, but his conviction for child endangerment, which requires conscious disregard of risk to the child in his care, is an aggravating factor. (Hernandez-Perez v. Holder, 6/16/09). more
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08/05/2009 | CA1 Finds IIRIRA INA §212(h) Provision Has Retroactive Effect Court denies the petition for review. Finds that the request for a 212(h) waiver nunc pro tunc is in disagreement with Congress’ intent in amending section 212(h) under IIRIRA to include individuals convicted of aggravated felonies, who were in exclusion or deportation proceedings as of the law’s enactment. (Gutierrez-Castillo v. Holder, 6/4/09). more
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08/04/2009 | CA5 Finds that Employers Do Not Need to Reimburse Workers for Certain Expenses The court reversed and held that the FLSA (Foreign Labor Standards Act) does not require an employer to reimburse for recruitment expenses, transportation expenses, or visa expenses incurred by the guest worker before relocating to the employer’s location. (Castellanos-Contreras, et al. v. Decatur Hotels, LLC, 7/21/2009). more
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08/03/2009 | DOS Cable on Updated Medical Examination Forms A June 2009 Cable informs posts of the updated medical examination forms now available. more
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08/03/2009 | DOS Cable on Revised J-1 Visa Exchange Visitor A June 2009 Cable informs posts of the revised J-1 visa exchange visitor skills list. more
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08/03/2009 | DOS Cable on Ending E-Passport Emergency Exemption A June 2009 Cable informs posts of further guidance and talking points on ending the E-Passport exemption for emergency and temporary passports. more
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08/03/2009 | DOS Cable on DS-160 Online Application A May 2009 Cable informs posts of the DS-160 online application. Twelve posts currently use this form, and no posts will be added until server capacity is increased. more
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July, 2009
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07/31/2009 | Secretary Napolitano Speech on Terrorism to Council on Foreign Relations On July 29, 2009, Secretary Napolitano speaks to the Council on Foreign Relations regarding terrorism and the efforts to use all resources to fight against extremism. more
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07/31/2009 | Secretary Napolitano Announces Richard Spires as DHS Chief Information Officer On July 28, 2009, Secretary Napolitano announced Richard Spires as DHS Chief Information Officer. Mr. Spires possesses "decades of experience managing complex information technology systems." more
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07/31/2009 | OIG Offers Report on USCIS Information Technology Modernization In a report published in July 2009, the Office of the Inspector General (OIG) addresses the strengths and weaknesses of the Information Technology modernization process for USCIS. more
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07/29/2009 | AAO Processing Time Report (7/28/09) The AAO released its Processing Time Report current as of July 28, 2009. more
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07/27/2009 | BIA Addresses Motion to Reopen Adjustment Based on Marriage Entered into While in Removal Proceedings BIA finds that a motion to reopen to apply for adjustment based on marriage entered into after the commencement of removal proceedings may not be denied under the Matter of Velarde’s fifth factor based on the mere fact that the govt. has filed an opposition to the motion, without regard to its merit. Matter of Lamus, 25 I&N Dec. 61 (BIA 2009). more
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07/27/2009 | AAO Considers Evidence Outside Petitioner’s Net Income and Net Current Assets When Determining Ability to Pay AAO withdraws I-140 denial based on inability to pay. The AAO applied Matter of Sonegawa, 12 I&N Dec. 612 (Reg. Comm. 1967), and held that USCIS may consider evidence relevant to the petitioner’s financial ability that falls outside of a petitioner’s net income and net current assets. Decision courtesy of Cyrus Metha. more
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07/23/2009 | BALCA Affirms Denial for Failure to Conduct Additional Steps Required for Professional Recruitment BALCA finds that an Appendix A occupation requires recruitment under criteria for professional occupations regardless of whether the employer considers the position to be a professional one or requires the attainment of a bachelor’s degree. Matter of The Good Shepherd of the Little Ones, 2009-PER-00105 (6/23/09). more
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07/23/2009 | BALCA Upholds Denial for Untimely Recruitment and Job Order Placement BALCA affirms CO’s denial of the application because 1) the employer placed the job order six months after filing the 9089 and 2) the employer completed the third additional recruitment step five months after filing the application rather than within 30 days of filing as required. Matter of Tucs Cleaning Service, Inc., 2008-PER-00019 (6/23/09). more
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07/22/2009 | EOIR Notice Warns Against Notarios A 7/22/09 EOIR notice warns the public that notarios, visa consultants and immigration consultants are not attorneys, and advises that only attorneys or qualified representatives are able to provide representation before the immigration court. more
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07/21/2009 | Neufeld Memo on Adjudication of I-751 for Legally Separated Couple, Where Marriage is Not Yet Terminated A 4/3/09 memo from Donald Neufeld, Acting Associate Director, USCIS provides guidance on the adjudication of an 1-751 petition if the conditional permanent resident and petitioning spouse are legally separated, or have initiated divorce or annulment proceedings, but the marriage has not been terminated. more
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07/21/2009 | DOS Announces New Passport Office in Dallas, TX DOS announced that the Dallas Passport Agency was opened on July 13, 2009. The street address is provided in the announcement. more
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07/20/2009 | CSPA Case Certified as a National Class Action District court certifies class of LPR parents, beneficiaries of 3d and 4th family visa petitions, who seek to enforce “retention of priority date” provision in INA § 203(H)(3) for aged-out children named as derivative beneficiaries in the original petitions. AILF/AILA filed an amicus brief. Costelo, et al. v. Chertoff, et al. (C.D. CA 7/16/09). more
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07/20/2009 | BALCA Upholds Denial for Failure to Prove Business Necessity for Excessive Experience Requirement BALCA affirmed the CO’s finding that the letter provided by the Employer in its appeal submission failed to document the business necessity for an experience requirement that exceeded the Job Zone SVP for the position. Matter of Florida Air Temp, Inc., 2009-PER-00198 (5/08/09). more
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07/20/2009 | AAO Processing Times (07/01/09) AAO processing times as of July 1, 2009. more
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07/20/2009 | USCIS Resumes Premium Processing for Certain R-1 Petitions USCIS announced that it will resume premium processing service for nonimmigrant religious worker petitions filed by certain R-1 petitioners in a 7/20/09 update. A fact sheet follows the update. more
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07/20/2009 | ICE Letter to School Officials Regarding Anonymous Reporting of Unethical Activity In a July 2009 letter, Lou Ferrell, Director of the Student and Exchange Visitor Program (SEVP), ICE, explains that SEVP has developed a process to allow designated school officials to anonymously disclose ethically improper activity to ICE. more
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07/20/2009 | ICE Fact Sheet Provides Guidance for F, M, or J Applicants for a Driver's License or ID A July 2009 ICE fact sheet provides F, M, or J nonimmigrants, and their respective school/program officials, with basic information on obtaining a driver's license or a state identification. more
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07/20/2009 | ICE Supplemental Fact Sheet on the "Cap-Gap" Extension A July 2009 ICE fact sheet addresses when DSOs can employ the Cap-Gap Extension functionality in SEVIS, and explains that the inappropriate termination of some SEVIS records for students eligible for the cap-gap extension is due to a technological interface issue. more
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07/17/2009 | USCIS Issues Information to Employers Whose H-1Bs for Health Care Specialty Occupation Have Been Denied USCIS today issued guidance to certain employers who received a denial of Form I-129, Petition for Nonimmigrant Worker, requesting H-1B classification for a beneficiary to practice in a health care specialty occupation prior to May 20, 2009. more
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07/17/2009 | CA5 Finds Abuse of Discretion in Reliance upon Adjudication Delay to Deny Continuance The court grants the petition, vacates and remands. Holds that the IJ abused his discretion by denying the foreign national’s motion for continuance based solely on the length of the delay in the adjudication of the I-130 petition of which he was the beneficiary. Remands for consideration of the Hashmi factors. (Wu v. Holder, 6/11/2009). more
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07/16/2009 | BALCA Dismisses Argument that Certification in One Case Requires Certification of Similar Applications BALCA affirms denial of labor cert. as the employer made no effort to explain why it did not provide documentation requested in the audit notification. Finds argument that application be certified because a prior application with the exact same requirements was certified meritless. Matter of Roberto’s Mexican Food, Inc., 2009-PER-00187 (5/8/09). more
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07/16/2009 | BALCA Reopens Appeal Despite Lack of Timely Receipt of Statement of Intent to Proceed BALCA reopens appeal even though the Statement of Intent to Proceed was not timely received, finding that the Employer did want BALCA review and that it made efforts prior to the due date for the statement to notify the Board of that fact. Matter of Roberto’s Mexican Food, Inc., 2009-PER-00206 (4/22/09). more
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07/16/2009 | DOS OIG Report on Nonimmigrant Visa Adjudication and Standards for Refusing Applicants This March 2005 report from the DOS Office of Inspector General reviewed the nonimmigrant visa (NIV) adjudication process between November 2004 and February 2005 to determine how INA Section 214(b) is used to determine issuance or refusal. more
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07/15/2009 | Vermont Service Center Processing Time Report (7/15/09) VSC Processing Time Report released 7/15/09 with processing dates as of 5/31/09. more
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07/15/2009 | Texas Service Center Processing Time Report (7/15/09) TSC Processing Time Report released 7/15/09 with processing dates as of 5/31/09. more
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07/15/2009 | Nebraska Service Center Processing Time Report (7/15/09) NSC Processing Time Report released 7/15/09 with processing dates as of 5/31/09. more
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07/15/2009 | National Benefits Center Processing Time Report (7/15/09) NBC Processing Time Report released 7/15/09 with processing dates as of 5/31/09. more
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07/15/2009 | California Service Center Processing Time Report (7/15/09) CSC Processing Time Report released 7/15/09 with processing dates as of 5/31/09. more
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07/15/2009 | Testimony of Secretary Napolitano on PASS ID before Senate Committee on Homeland Security Testimony of DHS Secretary Janet Napolitano before the Senate Committee on Homeland Security and Governmental Affairs at a 7/15/09 hearing on “Identification Security: Reevaluating the REAL ID Act.” more
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07/15/2009 | BALCA Upholds Denial for Unexplained Discrepancy in FEIN Numbers BALCA affirms CO’s denial finding a discrepancy in the FEIN number on the 9089 and the one presented in documentation in support motion for review. Notes discrepancy in FEINs was not identified as an issue until ruling on reconsideration, but that the employer did not file appellate brief. Matter of Ralph Basile Construction, 2009-PER-00092 (3/17/09). more
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07/15/2009 | BIA Looks to Ties to the U.S., Activity Abroad, to Find Returning Resident Did Not Abandon Status BIA concludes DHS failed to show that a returning resident who re-entered the U.S. after 2 years and 9 months abroad was not admissible. Finds LPR does not necessarily abandon status if trip extends beyond short period, as key is whether activities are consistent with intent to return as soon as practicable. Non-precedent. more
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07/15/2009 | ICE Releases Statistics on Arrests for the Third Quarter of FY 2009 ICE reports an increase in criminal arrests on the SW border during the third quarter of FY 09, and an increase in the number for foreign nationals returned to countries of origin in 2009, compared to 2008. Data is also provided on the number of people screened through Secure Communities and how many among them were identified as “criminal aliens.” more
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07/14/2009 | BALCA Finds Recruitment Deficient as Employer Failed to Include Name in Newspaper Advertisement BALCA upholds CO’s denial of PERM application. Employer failed to include name in newspaper advertisements. BALCA found employer’s argument that the omission did not prevent applicants from applying, as resumes were received, unconvincing. Matter of Parkside Construction Contractors, Inc., 2009-PER-00016 (1/9/09). more
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07/14/2009 | DOJ "Do's and Don'ts" for Employers on E-Verify Guidance for employers regarding E-Verify from the Office of Special Counsel for Immigration-Related Unfair Employment Practices, Civil Rights Division, DOJ. more
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07/14/2009 | DHS Report on Immigration Enforcement Actions in 2008 A July 2009 DHS report provides information regarding the apprehension, detention, return and removal of foreign nationals during fiscal year 2008. more
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07/14/2009 | BALCA Affirms Denial for Failure to Comply with Sunday Newspaper Recruitment Requirement BALCA finds the CO was not required to permit the Employer’s failure to comply with the two-Sunday newspaper recruitment requirement to be remedied by evidence of having run a new advertisement after the CO’s denial of the application. Matter of Southern Occasions Catering, LLC, 2009-PER-00011 (1/9/09). more
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07/13/2009 | CA6 Finds Conviction for Fraudulent Use of SSN or Identifying Information is CIMT The court upholds the BIA’s order finding the petitioner ineligible for voluntary departure. Concludes that the petitioner’s conviction in Mississippi state court for fraudulent use of a social security number or identifying information is a crime involving moral turpitude. (Serrato-Soto v. Holder, 5/28/09). more
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07/13/2009 | CA1 Finds Lacks of Jurisdiction to Review Decision Against Reopening Sua Sponte The court dismisses the petition for review of the BIA’s decision to decline the request to reopen removal proceedings sua sponte. Finds it lacks jurisdiction. (Peralta v. Holder, 5/28/09). more
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07/13/2009 | CA8 Finds No Abuse of Discretion in BIA Refusal to Remand Despite New Material Facts The court finds it has jurisdiction to review the BIA’s decision for abuse of discretion. BIA refused to grant motion to remand where the request to reopen provided a completely new basis of seeking cancellation of removal (Vargas v. Holder, 5/20/09). more
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07/10/2009 | Visa Bulletin for August 2009 DOS released the Visa Bulletin for August 2009. Section D addresses heavy demand in the employment-based fourth preference category and an expected cut-off. more
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07/10/2009 | USCIS Operating Performance Report (April 2009) The April 2009 USCIS operating performance data reflects changes in filed, pending and completed petitions, and also provides national averages for processing times. more
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07/10/2009 | USCIS Operating Performance Data (June 2009) On 6/25/09 USCIS updated data regarding its operating performance, including total new filings, completed filings, pending adjustment of status cases not yet adjudicated, family-based petitions for which no visa is available and other pending petitions. more
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07/10/2009 | CA8 Finds it Has Jurisdiction to Review Denial of Request for Waiver of Joint-Filing Requirement, Affirms Court affirms BIA denial of a request for waiver of the I-751 joint-filing requirement. Finds the question of whether a marriage was entered into in good faith is a “predicate legal question” thus it has jurisdiction to review whether petitioner met the legal standard necessary to establish his eligibility for the waiver. (Ibrahimi v. Holder, 5/20/09). more
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07/10/2009 | ICE Presentation for Employers on its Worksite Enforcement Program This document is an ICE PowerPoint presentation titled "Worksite Enforcement Program: The New Form I-9 and the Importance of a Comprehensive Immigration Compliance Model," which ICE uses in trainings for employers. more
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07/10/2009 | CA7 Concludes Conviction for Sexual Abuse of a Minor Constituted Aggravated Felony The court considers whether petitioner's “sexual abuse of a minor” in violation of Ind. Code § 35-42-4-9(b), is an aggravated felony under the INA. Concludes that the conduct required for conviction categorically constitutes sexual abuse of a minor under INA § 101(a)(43). (Gaiskov v. Holder, 5/28/009). more
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07/10/2009 | DHS OIG Report Recommends Better Oversight of Contractors in Secure Border Initiative Programs This DHS Office of Inspector General (OIG) report concludes that CBP has not established adequate controls and effective oversight of contract workers providing support services to Secure Border Initiative (SBI) programs. more
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07/10/2009 | CA5 Addresses Cancellation and Second Drug Possession Offense Deemed Aggravated Felony Court denies petition for review of BIA en banc holding that petitioner is ineligible for cancellation of removal based on a recidivist state misdemeanor conviction for drug possession that could have been punished as a felony under the Federal Controlled Substances Act, and was deemed an aggravated felony under the INA. (Carachuri-Rosendo v. Holder, 5/29/09). more
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07/09/2009 | CA9 Addresses Imputation of Five-Year Residence Requirement for Cancellation and Brand X Court holds that, for purposes of satisfying the 5 years of lawful permanent residence required under INA § 240A(a)(1), parent’s status as LPR is imputed to unemancipated minor child residing with parent. Finds BIA’s reliance on Brand X is misplaced. (Escobar v. Holder, 5/27/09). more
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07/09/2009 | CA1 Finds Applicants Cannot Rely on Revoked Petition to Grandfather Under 245(i) Court affirms determination that applicants do not qualify for "grandfathering" under INA § 245(i) based on a revoked visa petition. Finds petition was revoked because it was not approvable when filed, rather than because of circumstances that arose after the time of filing. (Santana v. Holder, 5/19/09). more
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07/09/2009 | DOL Plans to Eliminate the Employment Standards Administration On July 8, 2009, The Department of Labor announced its plans to eliminate the Employment Standards Administration (ESA) and elevate the components of ESA -- Wage and Hour, Labor-Management Standards, Federal Contract Compliance, and Workers' Comp Programs -- to stand-alone programs with direct reporting to the Secretary of Labor. , 4/29/09). more
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07/08/2009 | CA3 Holds Petitioner Removed from the U.S. Is Barred from Filing Motion to Reopen The court denied the petition for review finding that 8 C.F.R. § 1003.2(d) bars a motion to reopen by the petitioner, who was involuntarily removed from the U.S., and that “the regulation draws no distinction between voluntary and involuntary departures.” (Tahiraj-Dauti v. Attorney General of the U.S., 4/29/09). more
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07/08/2009 | CA9 Holds Portability Provision Does Not Affect USCIS Revocation Authority The court holds that the Portability Provision of INA § 204(j) does not affect USCIS’s revocation authority, which permits revocation “at any time” for “good and sufficient cause” pursuant to 8 C.F.R. § 205.2, and that the notice of intent to revoke was legally sufficient. (Herrera v. USCIS, 7/6/09). more
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07/07/2009 | Update from Consular Section of U.S. Embassy in Honduras (Updated 7/7/09) The U.S. Embassy in Honduras released an update regarding consular services. Barring changes in the security situation, the Consular Section will be open for normal business on Tuesday July 7. The Consular Agency in San Pedro Sula will be closed the week of July 6 - 10, 2009 as previously scheduled. more
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07/06/2009 | USCIS Notice Regarding ASC Appointment Rescheduling July 6-10, 2009 USCIS announced that system errors caused a number of Application Support Centers (ASCs) to be overscheduled during the week of July 6-10, 2009. As a result, some applicants may receive cancellation notices for appointments originally scheduled during this timeframe. more
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07/06/2009 | USCIS Releases Immigration Q&As for Members of the Armed Forces and Their Families On 7/2/09 USCIS released Q&As for members of the armed forces and their families, which includes information on conditional residence, naturalization, certification of military service, initial adjustment interviews for military spouses when husband/wife is overseas, expedited processing of I-130s, notifying USCIS of APO/FPO addresses, and more. more
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07/02/2009 | CBP Offer Tips for U.S.-Canadian Border Travelers During the Summer CBP offers tips on travel document requirements, border wait times and more to travelers crossing the U.S.-Canada border during the summer. more
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07/01/2009 | ICE Launches New I-9 Audit Initiative On 7/1/09 ICE issued Notices of Inspection to 652 businesses nationwide in what it called a bold, new initiative to step up I-9 audits. more
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07/01/2009 | CA8 Finds No Abuse of Discretion in Denial of Continuance to Allow for Adjudication of Applications The court finds IJ did not abuse discretion in denying request for ninth continuance so that USCIS could adjudicate pending I-130 and I-485 because the petitioner failed to raise the issue in her appeal to the BIA. Also finds lack of jurisdiction to review denial of motion to terminate removal proceedings. (Hanggi v. Holder, 4/20/09). more
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June, 2009
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06/30/2009 | DOL H-2B Entertainer FAQs On 6/19/09 the DOL Office of Foreign Labor Certification released FAQs regarding implementation of final H-2B regulations for temporary labor certifications in the entertainment industry. more
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06/29/2009 | Neufeld Memo Implements District Court Order in Ruiz-Diaz Regarding I-360 Religious Workers A 6/25/09 memo from Donald Neufeld, Acting Associate Director, USCIS, implements the district court’s order in Ruiz-Diaz v. United States. (W.D. WA, 6/11/09). The order concerns individuals seeking classification as religious workers and their ability to concurrently file an adjustment application and apply for employment authorization. more
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06/29/2009 | Aytes Memo Responds to CIS Ombudsman's Recommendation on Payment Methods for USCIS Filing Fees In a 6/3/09 memo, Michael Aytes, Acting Deputy Director, USCIS, responds to the CIS Ombudsman's Recommendation 41 regarding payment methods for USCIS filing fees and other costs. more
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06/29/2009 | BALCA Vacates and Remands to Allow Employer Opportunity to Clarify FEIN Number Inconsistency BALCA finds employer should be given opportunity to clear up inconsistency between the FEIN used on current application and that used in prior approved application. Matter of Ornelas, Inc., 2009-PER-00246 (6/23/09). more
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06/26/2009 | USCIS Delays Expiration of Form I-9 with 2/2/09 Revision Date On 6/26/09 USCIS announced that that the Employment Eligibility Verification Form I-9 (Rev. 2/2/09) currently on the USCIS Web site will continue to be valid for use beyond 6/30/09. more
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06/26/2009 | USCIS Q&As on I-140 Petition Filing and Processing On 6/25/09 USCIS released Q&As on the filing of Form I-140, Immigrant Petition for Alien Worker, and its processing. They address selection of the incorrect visa category on Part 2 of the form, how to organize and submit evidence in support of the petition, withdrawals, changes of employer and more. more
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06/23/2009 | DHS Reports on Trends in Naturalization Rates in 2008 DHS released a fact sheet that provides updated information on the cumulative naturalization rates, and the timing of naturalization through 2008, of immigrants who obtained legal permanent resident status from 1973 through 1999. more
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06/23/2009 | DHS OIG Releases Report on Special Immigrant Nonminister Religious Worker Program A 6/11/09 report from the DHS Office of Inspector General makes five recommendations to the existing regulatory scheme for the Special Immigrant Nonminister Religious Worker program. more
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06/22/2009 | USCIS to Resume Premium Processing for I-140s On 6/22/09 USCIS announced that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker. more
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06/22/2009 | BIA Finds False Statement of Birth in Texas on Passport Application Amounts to Claim of Citizenship BIA finds the foreign national was inadmissible at the time of her adjustment application for having falsely represented herself to be a U.S. citizen on a passport application, having claimed birth in Texas. Reverses, orders her removed. Matter of Barcenas, 25 I&N Dec. 40 (BIA 2009). more
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06/22/2009 | USCIS Announces Elimination of FBI Namecheck Backlog On 6/22/09 USCIS and the FBI announced that all milestones set forth in a business plan announced on 4/2/08 have been met, resulting in the elimination of the FBI National Namecheck Program backlog. more
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06/22/2009 | Neufeld Memo Provides Guidance on Equivalency of Foreign and U.S. Medical Degrees A 6/12/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, provides guidance on the adjudication of Form I-140 for physicians, regarding whether a foreign medical degree is equivalent to a U.S. medical degree, and is thus an advanced degree for EB-2 purposes. more
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06/17/2009 | Vermont Service Center Processing Time Report (6/15/09) VSC Processing Time Report released 6/15/09 with processing dates as of 4/30/09. more
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06/17/2009 | Texas Service Center Processing Time Report (6/15/09) TSC Processing Time Report released 6/15/09 with processing dates as of 4/30/09. more
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06/17/2009 | Nebraska Service Center Processing Time Report (6/15/09) NSC Processing Time Report released 6/15/09 with processing dates as of 4/30/09. more
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06/17/2009 | National Benefits Center Processing Time Report (6/15/09) NBC Processing Time Report released 6/15/09 with processing dates as of 4/30/09. more
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06/17/2009 | California Service Center Processing Time Report (6/15/09) CSC Processing Time Report released 6/15/09 with processing dates as of 4/30/09. more
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06/17/2009 | Aytes Memo Responds to CIS Ombudsman’s EB-5 Program Recommendations In a 6/12/09 memo, Michael Aytes, Acting Deputy Director, USCIS, responds to the CIS Ombudsman's Recommendation 40 regarding the Employment Creation Immigrant Visa (EB-5) program. more
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06/17/2009 | Five Additional Texas Counties Implement Secure Communities Program On 6/16/09 ICE announced that five counties in Texas - Bexar, Willacy, Dimmitt, Webb, and Zapata, have been added to the list of law enforcement agencies that receive biometrics-based immigration history information about inmates via the Secure Communities program. more
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06/17/2009 | CBP Issues Reminder of Upcoming Electronic Requirement for VWP Emergency or Temporary Passports CBP issued a reminder that effective July 1, 2009, all Visa Waiver Program (VWP) emergency or temporary passports must be electronic passports (e-Passports) to be eligible for travel to the U.S. under the VWP. more
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06/17/2009 | Velarde Memo Provides Clarification of Evidence Required to Satisfy the U.S. Interest Requirement for H-2A or H-2B Beneficiaries A June 1, 2009, memo from Barabara Velarde, Chief Service Center Operations, provides clarification regarding the evidence required to satisfy the U.S. interest requirement for beneficiaries from countries not listed on the H-2A or H-2B eligible countries list. more
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06/17/2009 | Neufeld Memo Provides Guidance Regarding Surviving Spouses of Deceased U.S. Citizens and Their Children A June 15, 2009, memo from Donald Neufeld, Acting Associate Director, Office of Domestic Operations, provides guidance to the field on surviving spouses of deceased U.S. Citizens and their children. It describes a new process allowing individuals to apply for deferred action. more
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06/16/2009 | USCIS Releases Q&As on the Applicability of the Child Status Protection Act On 6/15/09 USCIS released Q&As providing guidance on the Child Status Protection Act (CSPA), which explain the general requirements. more
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06/15/2009 | DOS to Open New Passport Offices DOS announced that it will open new passport offices in Vermont, and in Buffalo, New York; El Paso, Texas; Atlanta, Georgia and San Diego, California. more
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06/11/2009 | DHS Privacy Impact Assessment for US-VISIT Pilot Program to Collect Biometrics upon Exit On 5/20/09 DHS released a privacy impact assessment for the US-VISIT Air Exit pilot program. The Air Exit program requires the collection of biometric and biographic data from foreign nationals prior to their exit from designated airports, enabling US-VISIT Entry/Exit matching, and identity verification. more
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06/10/2009 | Visa Bulletin for July 2009 DOS released the Visa Bulletin for July 2009. Section D addresses retrogression of August cut-off dates. more
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06/09/2009 | DHS Announces Interim Relief for Widows of U.S. Citizens U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano today granted deferred action for two years to widows and widowers of U.S. citizens—as well as their unmarried children under 18 years old—who reside in the United States and who were married for less than two years prior to their spouse’s death. more
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06/08/2009 | DOL Updates iCert User Manual The Department of Labor recently updated its iCert user manual with the addition of Section 5 regarding profile management. more
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06/05/2009 | USCIS Announces Further Delay in Implementation of FAR E-Verify Rule A 6/3/09 USCIS update announced further delay in implementation of the FAR E-Verify rule. An amendment postponing the applicability of the final rule is scheduled for publication in the Federal Register on 6/5/09. more
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06/05/2009 | DOJ Press Release Regarding AG Holder's Decision to Withdraw Matter of Compean A 6/3/09 DOJ press release announces Attorney General Eric Holder's decision to vacate Matter of Compean, as well as his intention to initiate a new rulemaking process for regulations to govern claims of ineffective assistance of counsel in removal proceedings. more
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06/04/2009 | USCIS to Begin Transferring Historical A-Files to the National Archives On 6/3/09 USCIS announced that it will begin transferring historical A-Files to the National Archives for permanent retention. An A-file will be transferred to National Archives custody 100 years from the individual’s date of birth. more
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06/03/2009 | Attorney General Vacates Decision in Matter of Compean On June 3, 2009, Attorney General Eric Holder, vacated the decision in Matter of Compean and directed the BIA and Immigration Judges to apply the decision in Matter of Lozada for claims of ineffective assistance of counsel, pending promulgation of relevant regulations. more
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May, 2009
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05/29/2009 | USCIS Announces Permanent Resident Card Production Delays On 5/29/09 USCIS announced possible delays in the delivery of permanent resident cards while the agency is in the process of upgrading its card production equipment. more
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05/29/2009 | DOL FAQs on Suspension of H-2A Final Rule DOL released FAQs regarding the 5/29/09 suspension of a 12/18/08 final rule on H-2As. The suspension will take effect on 6/29/09. more
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05/29/2009 | USCIS Issues Reminder to Obtain Advance Parole Before Traveling Abroad USCIS reminds certain foreign nationals that they must obtain advance parole before traveling abroad. more
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05/28/2009 | DHS Begins Test of Biometric Exit Procedures at Airports in Atlanta and Detroit DHS announced that it began collecting biometric fingerprints from non-U.S. citizens departing the U.S. from Hartsfield-Jackson Atlanta International Airport and Detroit Metropolitan Wayne County Airport on 5/28/09 as part of a pilot program. more
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05/27/2009 | San Diego County First in California to Implement Secure Communities Program On 5/26/08 ICE announced that the San Diego County Sheriff’s Department is the first law enforcement body to implement the Secure Communities program, under which every individual booked into the three largest jails in San Diego County will have biometric-fingerprints checked in a DHS system for an immigration record. more
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05/26/2009 | President Obama's Remarks in Nominating Judge Sonia Sotomayor to the Supreme Court On May 26, 2009 the White House announced that President Obama is nominating Judge Sonia Sotomayor to the U.S. Supreme Court. more
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05/26/2009 | BIA Finds Immigration Judge Failed to Adhere to Role of Impartiality The BIA vacates and remands for a new hearing before a different immigration judge. Applicant challenged the fairness of the underlying hearing on his applications for asylum, withholding of removal and protection under CAT. BIA finds the IJ did not behave in a professional and impartial manner. Unpublished decision courtesy of Aleksander Milch. more
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05/21/2009 | CBP Reminds Travelers that New Document Requirements Go into Effect June 1st CBP reminds travelers that under the Western Hemisphere Travel Initiative (WHTI) new document requirements go into effect on June 1, 2009 for entry into United States at land or sea ports. Travelers should apply for approved travel documents now, as it can take several weeks to receive a document that will comply with new requirements. more
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05/21/2009 | Nomination of Alejandro Mayorkas Sent to Senate On 5/20/09 the White House announced that President Obama sent the nomination of Alejandro N. Mayorkas, to be Director of United States Citizenship and Immigration Services, Department of Homeland Security, to the Senate. more
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05/20/2009 | USCIS Announces Opening of International Adjudications Support Branch in California On 5/19/09 USCIS announced that its International Operations Division opened a new support branch in Anaheim, California to assist in processing select paper-based applications and petitions received from its international offices. more
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05/20/2009 | BALCA Finds Prevailing Wage Determination Cannot be Substituted with Print Out from Online Wage Library BALCA upholds denial of PERM application. Employer failed to provide a Prevailing Wage Determination issued by the SWA when directed by the CO to do so in the audit notification. Instead, the employer provided a print out from the FLC Wage Data Center Online Wage Library. Matter of King’s Garden 1 Chinese Restaurant Inc., 2008-PER-00228 (4/13/09). more
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05/19/2009 | BALCA Holds CO Should Have Considered Audit Documentation when Ruling on Motion to Reconsider BALCA reverses denial of PERM application. Employer omitted work history from 9089 needed to demonstrate requisite experience prior to being hired. But, BALCA finds that PERM recordkeeping file, before the CO in the course of audit, should have been considered when ruling on the motion to reconsider. Matter of Pa’lante, LLC, 2008-PER-00209 (5/7/09). more
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05/19/2009 | Stakeholder/USCIS Q & As (5/5/09) The Q & As address N-400 fee waivers, use of “care of” in a mailing address, I-751 and I-129F receipt notices issued by VSC, marriages in refugee camps, clarification of security checks, naturalization and migrant farm workers and more! more
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05/19/2009 | DOS Cable on Student and Exchange Visitor Updates DOS released a February 2009 cable that advises consular posts of updates to the FAM regarding student and exchange visitors, provides a reminder of the continued use of forms until the launch of the new version of SEVIS program, and more. more
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05/19/2009 | DOS Announcement on Designations of Greek Foreign Terrorist Organizations On 5/18/09 DOS made an announcement regarding the Foreign Terrorist Organization designation for three Greek groups: the Revolutionary Struggle, the Revolutionary Nuclei, and the Revolutionary Organization 17 November. more
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05/18/2009 | BALCA Dismisses Argument that Previously Filed LCA Put CO on Notice of Information Omitted from 9089 BALCA finds that the employer failed to provide sufficient work history to demonstrate that the alien possessed the requisite minimum requirements for the job when hired, and that the error in draftsmanship was too fundamental to compel reconsideration of the denial. Matter of Geoffrey Allen Corporation, 2008-PER-00234 (5/7/09). more
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05/18/2009 | Supreme Court Finds Failure to Plead Sufficient Facts for Unlawful Discrimination Claim in Challenge to Post 9/11 Detention The Supreme Court held that the complaint failed to plead sufficient facts to state a claim for purposeful and unlawful discrimination. The complaint alleged that top federal government officials adopted a policy of discrimination in the detention of men of Arab descent following 9/11. (Ashcroft et. al. v. Iqbal et. al., 5/18/09). more
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05/15/2009 | BALCA Finds Combined Analysis of Education and Experience for Prevailing Wage Determination Contrary to Guidance BALCA orders that the prevailing wage be modified to be classified at wage level 2, rather than 4, as was determined by the SWA. Finds that the experience and education requirements were improperly commingled, and that the analogy between a master’s degree and four SVP years was inapposite. Matter of Reed Elsevier, Inc., 2008-PER-00201 (4/13/09). more
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05/15/2009 | BALCA Upholds Denial Where Employer Conducted its Own Prevailing Wage Survey BALCA upholds denial of PERM application where employer used its own prevailing wage survey after the SWA did not respond to its request for a prevailing wage determination. BALCA finds when an employer intends to use own survey, it must submit the survey to the SWA for a determination of its adequacy. Matter of Jackson, 2008-PER-00192 (4/9/09). more
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05/15/2009 | CIS Ombudsman Recommendation on Motions to Reopen or Reconsider On 5/15/09 the CIS Ombudsman released a recommendation on "Improving the Filing and Review Process for Motions to Reopen or Reconsider." more
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05/15/2009 | Testimony Before Senate Appropriations Committee on DHS FY 2010 Budget Request On 5/13/09 DHS Secretary Janet Napolitano testified before the Subcommittee on Homeland Security of the Senate Appropriations Committee regarding the fiscal year 2010 budget request for DHS. more
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05/15/2009 | Vermont Service Center Processing Time Report (5/15/09) The Vermont Service Center has released its processing times as of March 31, 2009. more
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05/15/2009 | Texas Service Center Processing Time Report (5/15/09) The Texas Service Center has released its processing times as of March 31, 2009. more
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05/15/2009 | California Service Center Processing Time Report (5/15/09) The California Service Center has released its processing times as of March 31, 2009. more
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05/15/2009 | Nebraska Service Center Processing Time Report (5/15/09) The Nebraska Service Center has released its processing times as of March 31, 2009. more
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05/15/2009 | National Benefits Center Processing Time Report (5/15/09) The National Benefits Center has released its processing times as of March 31, 2009. more
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05/15/2009 | CA8 Finds Error in Moral Character Determination for Naturalization Applicant The court reverses grant of summary judgment and remands. Finds there is no case law in which a court reviewing the denial of a naturalization application finds an applicant lacks good moral character based on outcome of an administrative proceeding. Applicant was listed in state registry for complaint of child abuse. (Nyari v. Napolitano, 4/13/09). more
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05/14/2009 | CA9 Grants Petition for Review, Evidence in Support of Removability Related to Irrelevant Time Period Court concludes removability finding is unsupported by substantial evidence. Sole ground for removability was petitioner’s failure to attend school while on F-1 visa. Proffered evidence was lack of U.S. education listing on asylum application. However, charge in NTA dealt with period after asylum application was filed. (Al Mutarreb v. Holder, 4/6/09). more
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05/14/2009 | Neufeld/Scialabba/Chang Memo on Consolidation of Guidance on Unlawful Presence This 5/6/09 memo from Donald Neufeld, Lori Scialabba and Pearl Chang, consolidates USCIS guidance on unlawful presence in AFM Chapter 30.1 as Chapter 40.9, and revises re-designated Chapter 40.9 to incorporate prior guidance issued after the adoption of Chapter 30.1. The memo also rescinds several prior memoranda. more
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05/14/2009 | DOS Announces Inauguration of Detroit Passport Agency DOS announces the inauguration of the Detroit Passport Agency, which opened its doors on March 16, 2009. The announcement provides the street address, as well as the hours of operation. more
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05/14/2009 | ALJ Finds “Benched” H-1B Employee Entitled to Unpaid Wages ALJ found that the employee did not need a SSN to begin work, only evidence of having applied for one, thus was in employment-related nonproductive status requiring payment. And that only pay reported to IRS met requirements as evidence of payment of prevailing wage. Administrator, Wage & Hour Div. v. Itek Consulting, Inc. 2008-LCA-00046 (5/6/09). more
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05/14/2009 | BALCA Finds Employer Unable to Document Reason for Submission of PWD Form from Wrong State BALCA affirms denial of PERM application because of employer’s failure to request a prevailing wage determination (PWD) from the SWA having jurisdiction over proposed area of intended employment. PWD form submitted was from California, listed area of intended employment was Rhode Island. Matter of A Fresh Perspective, Inc., 2008-PER-00203, (3/31/09). more
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05/14/2009 | BALCA Affirms Denial Because Employer Failed to Place SWA Job Order for at Least 30 Days BALCA upholds denial of PERM application because the SWA job order was placed for only 3 days. Matter of Blue Digital Resource, Inc., 2008-PER-00224 (4/13/09). more
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05/13/2009 | BALCA Upholds Denial Because Employer Did Not Wait Thirty Days after End of Job Order to File BALCA upholds denial of PERM application because employer submitted the application 11 days after end of SWA job order. BALCA finds filing before the end of the 30 day period reflects employer’s indifference to whether U.S. applicants are given adequate consideration for the job opportunity. Matter of A&S Marble Granite, Inc., 2008-PER-00213, 1/5/09. more
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05/13/2009 | BALCA Finds Omission of CO’s Address on Notice of Filing Was Not Typographical or Non-Substantive Error Finds CO properly denied certification of PERM application. Employer omitted CO’s address on Notice of Filing. BALCA finds omission defeated the statutory and regulatory purpose of giving the address to which documentation bearing on the application can be provided. Matter of Tekkote, 2008-PER-00218 (1/5/09). more
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05/13/2009 | John Morton Confirmed to be Head of ICE The Executive Calendar of the Senate Congressional Record for May 12, 2009 reflects that John Morton was confirmed as Assistant Secretary of Homeland Security. He will be the head of Immigration and Customs Enforcement. more
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05/13/2009 | USCIS Notice of Alternative Submission Procedures for Citizenship Grant Applications USCIS announced that the Grants.gov website is experiencing technical problems and provided alternative submission instructions. more
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05/12/2009 | USCIS Brochure: Naturalization Information for Military Personnel This June 2006 USCIS brochure provides information on the naturalization process and on eligibility for members of the U.S. Armed Forces. more
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05/12/2009 | USCIS Update on Extension of J-1 Entry Date and Qualification for Conrad 30 Program USCIS reminds the public that Public Law 111-9 extends the date by which international medical graduates have to have been granted J-1 nonimmigrant status in order to later qualify for the “Conrad 30” program. more
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05/11/2009 | AAO Holds Mental Health and Financial Circumstances Demonstrate Extreme Hardship to Citizen Spouse AAO grants motion to reopen. Finds extreme hardship to waiver applicant’s U.S. citizen spouse is demonstrated by spouse’s continuing mental health condition, as documented by a licensed healthcare professional, and the difficulties the spouse encountered in being a single parent. Decision courtesy of Steven Garmo and Danny Garmo. more
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05/11/2009 | BIA Finds Appellant Did Not Automatically Derive Citizenship from U.S. Citizen Stepfather The BIA holds that an alien cannot demonstrate derivative citizenship under INA § 320(a) through a nonadoptive stepparent. The alien was born in Mexico and moved to the U.S. with his mother and U.S. citizen stepfather at age 13. Matter of Guzman-Gomez, 24 I&N Dec. 824 (BIA 2009). more
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05/11/2009 | DHS OIG Report on ICE Detention Bedspace Management An April 2009 DHS Office of Inspector General (OIG) report conveys the findings of an audit to determine whether ICE is acquiring detention bedspace in a cost-effective manner. more
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05/08/2009 | DHS Secreatry Napolitano Highlights FY 2010 Budget Priorities On 5/7/09 DHS unveiled its FY 2010 budget request. Five major priorities were identified including border security and enforcement of immigration laws. Regarding enforcement, funding is designated for employment eligibility verification systems, application processing, the ICE Secure Communities program and to support the implementation of WHTI. more
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05/08/2009 | Visa Bulletin for June 2009 DOS released the Visa Bulletin for June 2009. Section D addresses retrogression in the cut-off date for the employment-based second preference category for a specific country. The employment-based third preference category remains unavailable across the board. more
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05/08/2009 | ARB Finds Failure to Comply with H-1B Wage Requirements was Knowing and Willful DOL Administrative Review Board (ARB) reverses the Administrative Law Judge’s finding that the Administrator failed to meet the burden of establishing that the employer’s conduct was willful so as to warrant civil money penalties. Employer failed to pay employee for non-productive time. Administrator v. Pegasus Consulting Group, Inc. more
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05/07/2009 | CA9 Holds Evidence Regarding Appellant’s Citizenship Improperly Admitted as Hearsay The court finds appellant does not have derivative citizenship as his stepfather is not related by blood and was not married to his mother at the time of his birth. But it finds that conviction for being removed, then found in the U.S., was based on improperly admitted hearsay. Reversed and remanded. (United States v. Marguet-Pillado, 3/27/09). more
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05/07/2009 | CA9 Finds Petitioner with Expunged State Conviction Ineligible for Relief Because of Probation Violation The court denies the petition holding that Federal First Offender Act (FFOA) relief is not available when the person whose conviction is expunged has violated a condition of probation. It concludes the petitioner is not relieved of the immigration consequences of his 2001 conviction. (Estrada v. Holder, 3/26/09). more
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05/06/2009 | USCIS Announces Revised Version of Form I-914 for T Nonimmigrant Status On 5/6/09 USCIS announced that it has issued a revised version of Form I-914, Application for T Nonimmigrant Status, with a 3/30/09 edition date. USCIS will accept older editions of the form for 30 days until 6/6/09. more
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05/05/2009 | USCIS Issues Reminder of Extension of Non-Minister Special Immigrant Religious Worker Program A 5/4/09 USCIS Update reminds the public that Public Law 111-9 extended the non-minister special immigrant religious worker program through Sept. 29, 2009. Unless Congress extends the expiration date of the program, USCIS will suspend processing of affected applications and petitions on September 30, 2009. more
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05/05/2009 | CA1 Finds Equitable Tolling Relief Properly Denied for Failure to Exercise Diligence The court denies the petition for review concluding that the BIA did not abuse its discretion in denying the petitioner the benefit of equitable tolling, because the he did not exercise diligence in pursuit of his rights. The petitioner waited over two years from the IJ’s initial decision before filing a motion to reopen. (Dawoud v. Holder, 3/26/09). more
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05/05/2009 | CA8 Rejects Argument that Government Evidence of Fraud is Inadmissible Hearsay The court denied the petition for review finding that the govt.’s evidence was admissible because it was both probative and fundamentally fair. Also finds statute of limitations applies only to rescissions of adjustment of status and not to removal proceedings. DHS alleged petitioner’s green card was fraudulently obtained. (Kim v. Holder, 3/26/09). more
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05/04/2009 | CA9 Finds Alien Smuggling Inadmissibility Waiver Does Not Apply to Applicants for Cancellation of Removal The court holds that 8 U.S.C. § 1182(d)(11) does not authorize the Attorney General to waive the “alien smuggling” bar to establishing good moral character for purposes of cancellation of removal. Overrules Moran v. Ashcroft. (Sanchez v. Holder, 3/26/09). more
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05/04/2009 | USCIS Update on Proposed Revisions to Form Used to Certify Military Service A 5/4/09 USCIS update addresses proposed revisions to Form N-426, Request for Certification of Military or Naval Service. USCIS reminds the public that comments on the proposed revisions are due on 6/15/09. more
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05/04/2009 | Neufeld Memo on Acceptance of DD Form 214 as Certification of Service for Armed Forces Veterans A 4/29/09 memo from Donald Neufeld, Acting Associate Director, USCIS, provides guidance on the acceptance of DD Form 214, Certificate of Release or Discharge from Active Duty, and Form N-426, Certificate of Military or Naval Service, to certify service in the Armed Forces for naturalization under INA section 328 or 329. It also updates the AFM. more
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05/04/2009 | Supreme Court Holds Aggravated Identity Theft Statute Requires Knowledge that Identification Used or Transferred Belongs to Another Person In a unanimous decision on May 4, 2009, The Supreme Court reversed lower courts and held that a conviction of Aggravated Identity Theft requires that an individual know that the means of identification used or transferred belongs to another person. (Flores-Figueroa v. United States, 5/04/09). more
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05/01/2009 | Worksite Enforcement Strategy Overview On April 30, 2009, ICE released an overview of its new worksite enforcement strategy outlining the agency’s priorities in resuming worksite enforcement. more
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April, 2009
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04/30/2009 | ICE Fact Sheet on New Worksite Enforcement Strategy On 4/30/09, the Department of Homeland Security released a fact sheet outlining the new worksite enforcement strategy for Immigration and Custom Enforcement (ICE). more
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04/30/2009 | DHS Secretary's Statement on Alejandro Mayorkas's Nomination as USCIS Director On 4/30/09 DHS Secretary Janet Napolitano released a statement on Alejandro Mayorkas's nomination as USCIS Director. The release includes Mr. Mayorkas's professional biography. more
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04/30/2009 | "Immigration Consultant" Pleads Guilty to Conspiracy to Commit Immigration Fraud On 4/28/09 ICE announced that an "immigration consultant"
in Kent, Washington, who assisted immigrants with filing fraudulent immigration claims, pled guilty in federal court to charges of conspiracy to commit immigration fraud.
more
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04/30/2009 | Stakeholder/USCIS Q & As (3/31/09) The Q & As address the VAWA Unit and RFEs, N-400 processing times, fee waiver rejections, N-400 materials, bundled asylee adjustment applications, I-131 photographs, advance paroled documents, and more. more
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04/29/2009 | BALCA Finds Employer Failure to Prove that Absence of Name on Notice of Filing is Immaterial BALCA upholds the PERM application denial. The employer asked for equitable relief. BALCA finds evidence was needed that the absence of the employer’s name would not be material to the effectiveness of the Notice of Filing, even if the company president’s name and phone number were listed. Matter of Stone Tech Fabrication, 2008-PER-00187 (1/5/09). more
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04/29/2009 | BALCA Does Not Excuse Employer's Error in Listing Notice of Filing Date BALCA upholds denial for failure to post a notice of filing between 30 and 180 days before the application filing. Finds a “mere statement” from the attorney that that the notice of filing date listed on the 9089 was an error is insufficient to establish that it was a clerical error. Matter of Soule, Blake & Wechsler, Inc., 2008-PER-00184 (3/31/09). more
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04/29/2009 | USCIS Announces 2009 Citizenship Grant Program (Updated
4/29/09)
A USCIS announcement, fact sheet, and FAQs provide information regarding the 2009 competitive grant program open to applications from Community Based Organizations (CBO) to fund citizenship preparation programs for legal permanent residents. The FAQs were updated on 4/21/09. more
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04/28/2009 | CBP Automatic Revalidation Fact Sheet A 3/9/09 CBP fact sheet discusses the application of automatic revalidation to expired nonimmigrant visas of aliens who have been out of the U.S. for thirty days or less in contiguous territory (Canada and Mexico). more
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04/28/2009 | CRS Report on Unauthorized Employment in the U.S. This 3/2/09 CRS report on unauthorized employment in the U.S. addresses employment verification, employer sanctions, and related legislation. more
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04/28/2009 | CRS Report on the Role of State and Local Law Enforcement in Enforcing Immigration Law This 3/11/09 Congressional Research Service (CRS) report addresses policy and legal issues related to a greater role for state and local law officials in the enforcement of immigration law. more
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04/28/2009 | CRS Report on Foreign Workers and Labor Market Tests This 3/20/09 Congressional Research Service (CRS) report addresses labor market tests, the certification of foreign workers, and worker protections. more
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04/28/2009 | USCIS Offices in Mexico are Closed (4/28/09) All USCIS offices in Mexico are closed due to Travel Health Warning, with the exception of the visa section in Ciudad Juarez. more
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04/28/2009 | USCIS Announces a Change in Filing Location and Instructions for Form I-90 A 4/27/09 USCIS update announces a change in filing location and instructions for Form I-90, Application to Replace Permanent Resident Card. Q&As follow the announcement. more
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04/28/2009 | U.S. Embassy and All U.S. Consulates in Mexico Have Suspended Non-Essential Services Until May 6th As a precautionary measure in connection with the outbreak of H1N1 “swine” influenza, the U.S. Embassy in Mexico City and all U.S. Consulates throughout the country have suspended all non-essential services to the public until May 6. Consular services for U.S. citizens will be limited to emergency assistance and to citizenship applications. more
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04/27/2009 | TEGL on FY 2009 Grant Allocations for Foreign Labor Certification Programs This DOL Office of Foreign Labor Certification (OFLC) Training and Employment Guidance Letter (TEGL) No. 18-08 provides guidance to the State Workforce Agencies (SWAs) on the management of FY 2009 annual grant allocations for Foreign Labor Certification programs. more
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04/27/2009 | The U.S. Embassy in Mexico City Has Suspended Processing of Non-Immigrant Visa Appointments Scheduled 4/27/09 Through 4/29/09 The U.S. Embassy in Mexico City has suspended processing of the approximately 5100 non-immigrant visa appointments scheduled Monday, April 27 through Wednesday, April 29. more
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04/23/2009 | DHS Announces Agreement with Bermuda on Pre-Clearance for Airline Passengers On 4/23/09 DHS announced a new agreement on aviation preclearance security operations with Bermuda. Under the new agreement, airline passengers with CBP pre-clearance in Bermuda will be treated as domestic passengers upon arrival in the U.S. more
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04/23/2009 | DHS Announces Nominee for Under Secretary for Intelligence and Analysis DHS announced that the White House intends to nominate Philip Mudd as Homeland Security's Under Secretary for Intelligence and Analysis. Secretary Napolitano has appointed Bart R. Johnson as Principal Deputy Under Secretary for Intelligence and Analysis. more
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04/23/2009 | CA7 Finds Company’s Taxes Are Not Reliable Basis for Determining whether It Can Afford Employee The court affirms the denial of the petition, distinguishing between accounting entities and cash flow in addressing the employer’s ability to pay the prevailing wage. It notes that an employer’s tax returns are not a reliable basis for determining whether it can afford to hire the employee (Construction and Design Co. v. USCIS, 4/21/09). more
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04/23/2009 | DHS Announces Air Travel Partnership with The Netherlands On 4/23/09 DHS announced the launch of a new initiative with The Netherlands to open membership in expedited air travel programs to citizens of both countries to try and streamline entry processes for pre-screened fliers. more
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04/21/2009 | CA9 Finds Petitioner with U.S. Citizen Stepfather Cannot Meet Burden to Prove Citizenship The court finds that the Petitioner, born to two unwed non-citizen parents, cannot be deemed “born in wedlock” under 8 U.S.C. § 1401(g). And, because there is no blood relation with his U.S. citizen stepfather, he cannot meet his burden to prove citizenship under 8 U.S.C. § 1409. (Martinez-Madera v. Holder, 3/16/09). more
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04/21/2009 | CA9 Denies Petition for Rehearing in Challenge to Arizona Employment Verification Law The court denies the petition for hearing, and petition for rehearing en banc, of its decision to uphold the Legal Arizona Workers Act, which imposes state sanctions on employers who hire unauthorized workers and makes participation in E-Verify mandatory for all employers. (CPLC v. Napolitano, 3/9/09). more
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04/21/2009 | BALCA Holds Certification Cannot be Denied for Lack of Kellogg Language BALCA vacates and orders certification of a PERM application for a Computer Systems Analyst. Concludes case is governed by Federal Insurance Co., which held that certification could not be denied based on the failure to write the Kellogg language on the ETA 9089. Matter of Kpit Infosystems Inc., 2009-PER-00075 (2/25/09). more
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04/20/2009 | DOS Checklist for NIV HIV Waiver Certification Recently, DOS released a checklist for individuals applying for a NIV HIV Waiver. The checklist is used in DOS’ new streamlined NIV waiver process, which allows individuals to certify to the list of conditions for obtaining the waiver as opposed to having to bring independent evidence to the consulate. more
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04/20/2009 | AFM Update on Processing N-400s for Military Applicants This 4/15/09 memo from Donald Neufeld, Acting Associate Director, USCIS, provides guidance on the processing of N-400 applications filed by applicants in the military who fail to appear for their naturalization interview or fail to respond to a request for evidence. The memo revises Chapters 15 and 72 of the Adjudicator’s Field Manual. more
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04/20/2009 | DOL Round 1 FAQs on the H-2B Final Rule DOL released the first round of FAQs on H-2Bs following the new regulations, which took effect 1/18/09. The FAQs deal with the new forms ETA-9141 and ETA-9142, including where to find the NAICS and SOC codes, and where and when to file. more
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04/17/2009 | BALCA Rejects Argument that Regulation Prevents CO from Denying Audited Application BALCA finds 20 C.F.R. § 656.20(b) relates to failure to provide documentation in an audit response, not to the CO’s authority to review that documentation to determine whether it complies with the regulations. Also rejects argument that absence of the CO’s address was insignificant to application. Matter of Aramark Corporation, 2008-PER-00181, 1/8/09. more
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04/17/2009 | USCIS Processing Time Goals (4/2/09) On 4/2/09 USCIS updated its processing time goals. This document is a chart that separates data into processing time before the July 2007 fee rule, after the fee rule, the national average processing time, and USCIS's prediction of what its caseload of active applications or petitions will be as of the end of September 2009. more
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04/17/2009 | Vermont Service Center Processing Time Report (4/16/09) The Vermont Service Center has released its processing times as of February 28, 2009. more
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04/17/2009 | Texas Service Center Processing Time Report (4/16/09) The Texas Service Center has released its processing times as of February 28, 2009. more
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04/17/2009 | Nebraska Service Center Processing Time Report (4/16/09) The Nebraska Service Center has released its processing times as of February 28, 2009. more
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04/17/2009 | National Benefits Center Processing Time Report (4/16/09) The National Benefits Center has released its processing times as of February 28, 2009. more
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04/17/2009 | California Service Center Processing Time Report (4/16/09) The California Service Center has released its processing times as of February 28, 2009. more
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04/17/2009 | USCIS Update: Applicability Date for E-Verify Contractor Rule Extended A 4/16/09 USCIS Update announces that the applicability date of the final rule requiring federal contractors and subcontractors to begin using E-Verify has been pushed back. more
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04/16/2009 | BALCA Finds There is No “On-the-Job-Site-Hire” Exception to PERM Requirements BALCA upholds the denial of a PERM application for failure to complete several sections of the 9089. Employer argued that reason for failure to provide a start date for the job order and failure to run Sunday print advertisements was that “This was an on-the-job-site hire.” Matter of Franco's Construction, 2008-PER-00128 (1/6/09). more
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04/16/2009 | BALCA Finds Job Order Was Not Long Enough in Duration, Employer Unable to Cure Defect BALCA upholds the denial of the PERM application finding that the employer’s placement of a job order after the denial determination could be used to support a new application but could not cure the defect in the case at hand. Matter of JJR Mexican Grill, Inc., 2008-PER-00132 (1/5/09). more
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04/16/2009 | CA7 Affirms Denial of Application for Cancellation for CIMT The court denies petition for review, dismissing petitioner’s arguments for failure to exhaust, and finding that a violation of 18 U.S.C. § 1001 is a crime involving moral turpitude as the term is used in the INA, thus petitioner is barred from applying for cancellation of removal. (Ghani v. Holder, 3/9/09). more
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04/16/2009 | White House Memo on Promoting Democracy and Human Rights in Cuba A 4/13/09 memo on Promoting Democracy and Human Rights in Cuba outlines changes in policy including travel restrictions and remittances. more
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04/16/2009 | Neufeld and Chang Memo on SIJ Provisions of TVPRA Act A 3/24/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS and Pearl Change, Acting Chief, Office of Policy and Strategy, USCIS provides guidance on the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, affecting adjudication of petitions filed for Special Immigrant Juvenile (SIJ) status. more
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04/16/2009 | Neufeld Memo on Revisions to CDC's Technical Instructions for Civil Surgeons and Form I-693 A 3/19/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations Directorate, USCIS, revises the Adjudicator's Field Manual regarding health-related grounds of inadmissibility and provides guidance regarding the adjudication of Form I-693. more
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04/15/2009 | DHS Fact Sheet on Enhancement Plan for Southwest Border Programs DHS released a fact sheet detailing an enhancement plan for Southwest Border programs. It addresses an increase in agents, analysts and border liaison officers along the border, as well as an increase in ICE personnel in Mexico; Secure Communities biometric identification technology; port of entry resource enhancements and more. more
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04/15/2009 | DHS Secretary Napolitano Appoints Alan Bersin as Border Czar On 4/15/09 DHS announced the appointment of Alan Bersin as DHS Assistant Secretary for International Affairs and Special Representative for Border Affairs. more
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04/15/2009 | CA9 Finds Possession of Green Card Obtained by False Statement is Prosecutable Offense The court reversed, concluding that 18 U.S.C. § 1546(a) prohibits the possession of an otherwise authentic document that one knows has been procured by means of a false claim or statement. Dismissed the statute of limitations argument, as the crime was a possession offense rather than a false statement offense. (United States v. Krstic, 3/10/09). more
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04/15/2009 | BIA Finds Failure to Prove that Conviction Was Not for a CIMT BIA dismisses appeal finding failure to meet burden of proving conviction was not for a crime involving moral turpitude in order to establish eligibility for cancellation of removal. Also finds the date application for relief was filed is what governs whether REAL ID Act provisions apply. Matter of Almanza-Arenas, 24 I&N Dec. 771 (BIA 2009). more
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04/14/2009 | CA9 En Banc Decision Addresses DUI and Crimes Involving Moral Turpitude The court denies the petition for review, finding that the BIA’s determination that DUI offenses committed with the knowledge that one’s driver’s license has been suspended or otherwise restricted are crimes involving moral turpitude is a reasonable interpretation of the INA. (Marmolejo-Campos v. Holder, 3/4/09). more
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04/13/2009 | BALCA Finds Prevailing Wage Determination Expiration Date is Imprecise BALCA upholds denial of PERM application, finds that Employer’s response of “N/A” to 9089 Section F-8 regarding the expiration date of the validity period of the PWD is nonsensical. Also finds, that Employer’s provision of the year 2004 in response to the request for review was too imprecise. Matter of Choe, 2008-PER-00145 (1/5/09). more
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04/13/2009 | BALCA Finds Employer Must Include Name in Job Ad, Fax Number is Insufficient BALCA affirms denial of PERM application. Employer’s name was excluded in job advertisement, but fax number was included. BALCA finds fax does not identify employer for applicants, also finds inclusion of rate of pay on 9089 does not cure failure to include the rate of pay on the Notice of Filing. Matter of Dunkin Donuts, 2008-PER-00135 (1/5/09). more
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04/10/2009 | CIS Ombudsman Releases Comments and Q&As on Biological Relationship Testing USCIS provided the CIS Ombudsman's office with answers to questions posed at a 10/30/08 teleconference on biological relationship testing. more
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04/10/2009 | DHS Report on Nonimmigrant Admissions in 2008 The DHS Office of Immigration Statistics released an April 2009 report with data on nonimmigrant admissions in 2008. more
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04/09/2009 | Mexico City District Office to Close Early April 9 and 10 USCIS announced that the Mexico City District Office will close at 2:00 pm on April 9 and 10 in observance of the Easter holiday. more
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04/09/2009 | USCIS Announces InfoPass Will Be Unavailable for Appointments April 23 and April 24 On 4/9/09 USCIS announced that InfoPass will be unavailable on April 23 and 24 for appointments. InfoPass will resume taking appointments Monday, April 27, 2009. more
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04/09/2009 | CA6 Strikes Down Widow Penalty The court concludes that a “surviving alien-spouse” is a “spouse” within the meaning of the “immediate relative” provision of the INA. Counsel of record is Cathy Shibley. Decision courtesy of Brent Renison. (Lockhart v. Napolitano, 4/8/09). more
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04/09/2009 | USCIS Updates Count of FY2010 H-1B Petition Filings On 4/9/09 USCIS announced an updated count of the number of fiscal year 2010 H-1B filings that it has received. more
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04/09/2009 | CBP Plans to Modernize Land Ports of Entry On April 8, 2009, U.S. Customs and Border Protection announced that they will modernize land ports of entry with funding received from the American Recovery and Reinvestment Act (Recovery Act). more
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04/09/2009 | Visa Bulletin for May 2009 The Visa Bulletin for May 2009 has been posted on the DOS website. more
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04/08/2009 | Administrative Appeals Office Processing Time Report 4/01/09 The processing time report for the Administrative Appeals Office as of 4/01/09. more
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04/08/2009 | USCIS Update: USCIS Continues to Accept FY 2010 H-1B Petitions USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master’s degree or higher educational exemption cap. more
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04/03/2009 | Aytes Testimony on Employment Verification before House Appropriations Committee On 4/2/09 the Subcommittee on Homeland Security of the House Appropriations Committee held a hearing titled "Priorities Enforcing Immigration Law." This is the testimony of Michael Aytes, Acting Deputy Director, USCIS. more
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04/03/2009 | No Equitable Relief for Employer who Failed to Recruit or File Application within PWD Validity Period BALCA affirms denial of PERM application as the employer did not conform with the regulatory requirement to conduct the recruitment or file the application within the validity period of the SWA prevailing wage determination. BALCA did not find that equitable relief was warranted. Matter of Redheads Bistro and Bar, 2008-PER-00216 (1/5/09). more
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04/03/2009 | BALCA Finds Employer’s Placement of Job Order after Denial Does Not Cure Application Defect BALCA affirms CO’s denial of the PERM application, finding that the employer’s placement of a job order after receiving the denial determination could be used to support a new application, but it did not cure the defect with the application as submitted. Matter of JJR Mexican Grill, Inc., 2008-PER-00132 (1/5/09). more
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04/03/2009 | DHS Secretary Napolitano Welcomes Deputy Secretary Lute on April 3rd On 4/3/09 the Senate confirmed President Obama’s nomination of Jane Holl Lute to become the Deputy Secretary of the Department of Homeland Security. more
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04/03/2009 | TSA's Secure Flight Begins Vetting Passengers On 3/31/09 TSA announced the implementation of Secure Flight, which shifts pre-departure watch list matching responsibilities from individual aircraft operators to TSA. more
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04/03/2009 | USCIS Update and Q&As on New I-9 USCIS issued a reminder that the revised Form I-9, Employment Eligibility Verification, goes into effect 4/3/09. Q&As follow the update. more
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04/02/2009 | USCIS Q&As on Extension of Post Completion Practical Training and F-1 Status Under Cap Gap Regulations These 4/1/09 USCIS Q&As on post completion practical training and F-1 status under cap gap regulations address the automatic extension of F-1 student status in the U.S. for certain students with pending or approved H-1B petitions. more
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04/02/2009 | Scialabba/Neufeld/Chang Memo Adds Chapter to AFM on Illegal Entrants and Immigration Violators A 3/3/09 memo from Lori Scialabba, Donald Neufeld and Pearl Chang, USCIS, revises the Adjudicator's Field Manual to include a new chapter, 40.6, regarding the interpretation of the grounds of inadmissibility contained in INA Section 212(a)(6), addressing illegal entrants and immigration violators. more
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04/02/2009 | CBP Reminds Travelers to Obtain I-94 Early for Easter Travel CBP announced that officials in San Diego are anticipating an increase in applications by Mexican travelers for the required I-94 permit during the week preceding the Easter holiday, thus CBP is urging travelers to obtain the required document as much as a week early to avoid congestion. more
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04/02/2009 | BALCA Upholds Denial, Employer Misinterpreted 30 Day Requirement BALCA finds that the Employer violated the regulation by filing its PERM application less than 30 days after the SWA job order ended. Notes it is not sufficient that the 30 day duration of the SWA job order ended prior to filing the application. Matter of British European, 2008-PER-00109 (1/5/09). more
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04/01/2009 | CIS Ombudsman Recommendation for Improving the Process for Payment of Filing Fees On 4/1/09 the CIS Ombudsman released a recommendation on "Improving the Process for Payment of USCIS Filing Fees and Other Costs." more
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04/01/2009 | Federal Reserve/USCIS FAQs on Section 13 Funding These FAQs provide guidance on how the Employ American Workers Act (EAWA) applies to recipients of funding under Section 13 of the Federal Reserve Act. Note, these FAQs do not address recipients of TARP funding. more
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04/01/2009 | ICE OPT Checklist for Employers ICE recently released a checklist for employers meant to serve as general guidance on the OPT application process. more
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04/01/2009 | BALCA Holds Denial for N-3 Omission on Mailed-in 9089 is Capricious BALCA reverses denial of a PERM application deemed incomplete because of the employer’s failure to date section N-3 of the 9089 which was mailed in. It found that the CO failed to articulate a sufficient reason that the omission was material to the review of the substance of the application. Matter of Yasmeena Corporation, 2008-PER-00073 (11/14/08). more
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04/01/2009 | DHS Announces Delay in Application of U.S. Immigration Law to Mariana Islands On 3/31/09 USCIS announced a delay in the transition to full application of U.S. immigration laws to the Commonwealth of the Northern Mariana Islands (CNMI), which currently administers its own immigration system. more
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March, 2009
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03/31/2009 |
USCIS Q&As on Submitting a FY 2010 H-1B Cap Case On 3/31/09 USCIS announced that the Fargo, North Dakota Application Support Center (ASC) remains closed due to flooding. more
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03/31/2009 |
ICE Cap-Gap Fact Sheet for Employers ICE released a March 2009 fact sheet providing information for employers on the cap-gap extension of optional practical training. more
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03/31/2009 |
BALCA Upholds Denial of PERM Application for Lack of Valid FEIN Prior to Change in Ownership BALCA holds that when application is deficient when filed because the sponsoring employer does not have a valid FEIN, the CO is not required to permit the application to be perfected based on a change in ownership. After the application was filed, an employer with a FEIN number was substituted in. Matter of WWM, Inc., 2008-PER-00064 (10/28/08). more
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03/31/2009 |
USCIS Announces Fargo, North Dakota ASC Remains Closed (Update 3/31/09) On 3/31/09 USCIS announced that the Fargo, North Dakota Application Support Center (ASC) remains closed due to flooding. more
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03/31/2009 |
ICE Cap-Gap Fact Sheet for Employers ICE released a March 2009 fact sheet providing information for employers on the cap-gap extension of optional practical training. more
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03/31/2009 |
BALCA Upholds Denial of PERM Application for Lack of Valid FEIN Prior to Change in Ownership BALCA holds that when application is deficient when filed because the sponsoring employer does not have a valid FEIN, the CO is not required to permit the application to be perfected based on a change in ownership. After the application was filed, an employer with a FEIN number was substituted in. Matter of WWM, Inc., 2008-PER-00064 (10/28/08). more
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03/30/2009 |
BALCA Finds Lack of Right Box Explanation for Disparity in PERM and Pre-PERM Applications Untenable BALCA upholds determination that PERM app. filing date is priority date. PERM and pre-PERM apps. were not identical regarding education requirement. Employer argued that 9089 provided no option but to check the box for a high school education, when only an 8th grade education was required. Matter of B & M Auto Service, Inc. 2008-PER-00122 (10/28/08). more
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03/30/2009 |
BALCA Upholds Denial, Employer Failed to Provide Documentation Specified in the Audit Letter BALCA upholds the CO’s denial of the PERM application, noting that although the focus of the audit notification letter was the live-in nature of the application, it specifically directed the employer to submit its recruitment report, which the employer failed to do. Matter of Schwartz, 2008-PER-00115 (10/28/08). more
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03/30/2009 |
EOIR Announces Closure of San Pedro Immigration Court EOIR announced the closure of the San Pedro immigration court on March 30, 2009. more
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03/30/2009 |
CA7 Upholds Denial of Application for Cancellation of Removal for Petitioner with Pre-IIRIRA Conviction for Marriage Fraud The court denies petition for review concluding that the petitioner’s visa-fraud conviction disqualifies him from cancellation of removal. Finds that the petitioner cannot show that he has been harmed by his reliance on pre-IIRIRA law because he would have been removable and ineligible for relief under the pre-IIRIRA regime. (Obi v. Holder, 3/3/09). more
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03/27/2009 |
CA9 Concludes Petitioner’s Claim that Statements Made to Arresting Officer were Unlawfully Obtained is Meritless Court rejects the petition for review, finding that the petitioner failed to demonstrate that legacy INS violated its regulations in obtaining the information used to prepare the Form I-213, Record of Deportable/Inadmissible Alien, and thus the IJ did not err in denying the petitioner’s motion to suppress the form. Samayoa-Martinez v. Holder (3/3/09). more
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03/27/2009 |
BALCA Finds Issue of whether Newspaper is of “General Circulation” Not Raised until Final Determination BALCA reverses, grants certification. Finds the employer rebutted the NOF. CO did not specify finding that the newspaper was not of general circulation as regulations require until the Final Determination when it was too late for employer to submit evidence to rebut. Matter of The New AAA Apartment Plumbers, Inc., 2008-INA-00008 (9/8/08). more
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03/27/2009 |
Employer Unable to Prove Business Necessity, Requirements for Domestic Tutor Exceeded DOT Standard BALCA upholds denial of a traditional labor certification for a domestic tutor, finding that the employer did not prove that the training and experience requirements, which exceeded the standards set by the DOT, arose out of a business necessity, nor did she prove that she amended these requirements. Matter of Harrigan, 2008-INA-00008 (9/8/2008). more
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03/27/2009 |
DHS Office of Immigration Statistics Report on Naturalizations for 2008 DHS updated its Yearbook of Immigration Statistics with data on naturalizations for 2008. more
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03/27/2009 |
DHS Office of Immigration Statistics Report on LPRs for 2008 DHS updated its Yearbook of Immigration Statistics with data for Legal Permanent Residents for 2008. more
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03/27/2009 |
USCIS Office of Fraud Detection and National Security Brochure The USCIS Office of Fraud Detection and National Security (FDNS) released a brochure in March 2009, which provides an overview of its mission and goals in detecting immigration benefit fraud. more
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03/26/2009 |
USCIS Automatically Extends EAD Validity for Liberians On 3/26/09 USCIS announced an automatic extension of the validity of Employment Authorization Documents (EADs) for Liberians covered under Deferred Enforced Departure. Q&As follows the announcement. more
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03/26/2009 | Neufeld Memo Extending Validity of Civil Surgeon Endorsements for Adjustment Applicants A 12/10/08 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, temporarily extends the validity of civil surgeon endorsements on Form 1-693 for adjustment of status applicants. more
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03/25/2009 | District Court Overturns Illinois E-Verify Statute District court rules that an Illinois act, prohibiting employers from participating in E-Verify until SSA and DHS databases are able to make a determination on 99% of the tentative nonconfirmation notices issued to employers within 3 days, is invalid under the Supremacy Clause. United States of America v. State of Illinois ( C. D. IL, 3/12/09). more
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03/25/2009 | USCIS List of Countries Having No Available Child Abuse Registry USCIS issued a reminder of the need to check available child abuse registries for potential adoptive parents and other adult household members who have lived in foreign countries when preparing paperwork for adoptions from Hague Convention countries. Also provided is a list of countries that do not have an available child abuse registry. more
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03/25/2009 | WA District Court Rules Religious Workers Can File I-360 & I-485 Concurrently Washington District Court grants plaintiffs’ motion for summary judgment, finding that the defendants may not reject or refuse to accept the plaintiffs’ applications for adjustment based on the regulation barring religious workers from concurrent filing. Courtesy of Robert Gibbs. Ruiz-Diaz et al v. United States of America et al. (W.D. WA, 3/23/09). more
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03/25/2009 | USCIS Now Responsible for Initial Adjudication of Asylum Applications from Unaccompanied Minors A 3/25/09 USCIS update announces that the agency is now responsible for initial adjudication of applications for asylum from Unaccompanied Alien Children. Q&As follow the announcement. more
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03/24/2009 | DOL Announces New iCERT Visa Portal System – Coming April 15, 2009 DOL provides information about the new iCERT Visa Portal System - due to be launched on April 15, 2009. more
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03/24/2009 | DHS Secretary Napolitano Announces Several Southwest Border Initiatives to Combat Drug Cartels On 3/24/09 DHS Secretary Napolitano announced several Southwest border initiatives designed to crack down on Mexican drug cartels through enhanced border security. The initiative includes the redeployment of more than 360 additional officers and agents at the border and in Mexico. more
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03/24/2009 | Presidential Memo on Deferred Enforced Departure for Liberians The White House released a 3/20/09 Presidential Memo for the Secretary of Homeland Security extending deferred enforced departure for Liberians. more
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03/24/2009 | Aytes Memo Responds to CIS Ombudsman's Recommendation on Schedule A Nurse Visa Processing In a 3/13/09 memo, USCIS Acting Deputy Director Michael Aytes responds to the CIS Ombudsman's Recommendation 36, Improving the Processing of "Schedule A" Nurse Visas. more
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03/24/2009 | CBP Announces Port of El Paso RFID Upgrades are Complete CBP announced that the El Paso, Fabens and Columbus border crossings have been technologically upgraded to be RFID-enabled land ports of entry. more
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03/23/2009 | USCIS Q&As on Submitting a FY 2010 H-1B Cap Case USCIS Q&As dated 3/20/09 cover FY 2010 H-1B cap filings that will be accepted beginning 4/1/09. more
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03/23/2009 | DOS Announces Upcoming Passport Day DOS announced that 3/28/09 is "Passport Day in the USA." It is an outreach event to inform the public about travel document requirements, provide passport information, and accept passport applications. Citizens without a passport book or card are encouraged to apply on this day. more
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03/20/2009 | USCIS Q&As on H-1B Filings for Employers who Receive TARP Funding On 3/20/09 USCIS released Q&As on additional requirements for employers who receive funds through TARP, or under Section 13 of the Federal Reserve Act, before they may hire a foreign national to work in the H-1B specialty occupation category. more
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03/20/2009 | USCIS Announces It Will Begin Accepting FY 2010 H-1Bs on April 1, 2009 On 3/20/09 USCIS announced that it will begin accepting H-1B petitions for FY 2010 on 4/1/09. USCIS reminds petitioners that cases will be considered accepted on the day that USCIS takes possession of the petition, and also of the cap at 65,000. more
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03/20/2009 | USCIS Announces H-1B Requirements for Companies that Received TARP Funding On 3/20/09 USCIS announced additional requirements for employers, who receive funds through TARP or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category. more
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03/19/2009 | BIA Finds IJ Erred in Concluding Burglary is not CIMT The BIA engages in a traditional categorical analysis, and following Matter of Silva-Trevino, examines whether there is a “‘realistic probability” that the statute under which the alien was convicted would be applied to reach conduct that does not involve moral turpitude. Sustains DHS appeal, remands. Matter of Louissaint, 24 I&N Dec. 754 (BIA 2009). more
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03/19/2009 | USCIS Releases Updated I-9 Handbook for Employers USCIS released an updated Handbook for Employers with instructions for completing Form I-9, Employment Eligibility Verification Form. The handbook's revision date is 4/3/09. more
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03/19/2009 | Administrative Appeals Office Processing Time Report 3/18/09 The Administrative Appeals Office releases processing times as of March 18, 2009. more
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03/18/2009 | CIS Ombudsman Recommendations for EB-5 Program On 3/18/09 the CIS Ombudsman's office released recommendations that USCIS should implement to stabilize and energize the EB-5 program, including the issuance of standard operating procedures for forms I-526 and I-589, and AAO designation of some EB-5 decisions as precedent decisions. more
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03/18/2009 | DHS FAQs About the Electronic System for Travel Authorization (ESTA) DHS FAQs about the Electronic System for Travel Authorization (ESTA), implemented in January 2009, and which affects travelers form Visa Waiver Program countries. more
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03/18/2009 | AAO FAQs The AAO liaison committee prepared this practice advisory to provide an introduction to various issues in dealing with the USCIS Administrative Appeals Office (AAO). more
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03/18/2009 | Reminder -- Next Phase of WHTI implementation to begin on June 1, 2009 U.S. Customs and Border Protection news release reminds travelers that the next phase of the Western Hemisphere Travel Initiative will go into effect at land and sea ports of entry on June 1, 2009, requiring travelers to present an approved travel document to enter the United States. more
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03/18/2009 | DOL FAQs Following Notice of Proposed Suspension of H-2A Rule DOL's Office of Foreign Labor Certification released FAQs regarding the department's consideration of H-2As in light of the recent notice of proposed suspension of the H-2A final rule published in December 2008. more
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03/17/2009 | Vermont Service Center Processing Time Report (3/17/09) The Vermont Service Center has released its processing times as of January 31, 2009. more
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03/17/2009 | Texas Service Center Processing Time Report (3/17/09) The Texas Service Center has released its processing times as of January 31, 2009. more
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03/17/2009 | Nebraska Service Center Processing Time Report (3/17/09) The Nebraska Service Center has released its processing times as of January 31, 2009. more
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03/17/2009 | Nebraska Service Center Processing Time Report (3/17/09) The National Benefits Center has released its processing times as of January 31, 2009. more
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03/17/2009 | California Service Center Processing Time Report (3/17/09) The California Service Center has released its processing times as of January 31, 2009. more
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03/17/2009 | ICE Releases Notice of Death of Detainee in Georgia Hospital A 3/16/09 ICE press release announced the death of a 39-year-old detainee at a hospital in Columbus, Georgia. The release states that he passed away of apparent natural causes and that an autopsy will be performed. more
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03/13/2009 | USCIS Announces 2009 Citizenship Grant Program A USCIS announcement and fact sheet provide information regarding the 2009 competitive grant program open to applications from Community Based Organizations (CBO) to fund citizenship preparation programs for legal permanent residents. more
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03/12/2009 | USCIS Update on EB-5 Extension USCIS released an update announcing the extension of the EB-5, Immigrant Investor Pilot Program. more
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03/12/2009 | CBP Offers Spring Break Tips In anticipation of spring break (woohoo!), CBP offers tips for travelers on documents needed at ports of entry. more
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03/12/2009 | CA5 Addresses Receipt of Notice of Removal Hearing The court upholds the denial finding that the petitioner’s failure to receive actual notice of his removal hearing due to his neglect of his obligation to keep the immigration court apprised of his current mailing address does not mean that he “did not receive notice” under 8 U.S.C. § 1229a(b)(5)(C)(ii). (Gomez-Palacios v. Holder, 2/18/09). more
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03/11/2009 | USCIS List of Naturalization Publications and Study Materials On 3/10/09 USCIS released a list of naturalization publications for applicants, as well as study materials for the naturalization exam. more
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03/10/2009 | CA2 Upholds Finding that Petitioner is Bound by his Attorney’s Concession of Removability Court denies petition, holding that (1) an IJ is authorized to accept a concession of removability when it is not plainly contradicted by record evidence and (2) the concession cannot amount to “egregious circumstances” that would free an alien from the representations of his attorney. (Hoodho v. Holder, 2/6/09). more
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03/10/2009 | CA3 Finds Surviving Spouse Does Not Qualify as an Immediate Relative The court grants the govt.’s motion to dismiss and reverses the District Ct.’s order that USCIS process the surviving spouse’s I-130 and I-485. Concludes that a foreign national married to a U.S. citizen does not remain an “immediate relative” if the couple is married less than two years when the citizen spouse dies. (Robinson v. Napolitano, 2/2/09). more
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03/10/2009 | DHS Privacy Impact Assessment for US-VISIT Program Following the publication of a DHS final rule that expanded the population of those subject to US-VISIT requirements to include lawful permanent residents, the department issued a Privacy Impact Assessment (PIA) of the US-VISIT program. more
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03/10/2009 | Fairfax County, VA Detainee Prints to Be Checked Against DHS Biometrics Database On 3/9/09 ICE announced that Fairfax County, Virginia has joined the list of jurisdictions that will check the fingerprints of every booked individual against immigration records in DHS's biometric database. The ICE administered program is called Secure Communities. more
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03/10/2009 | DHS Announces Chief Privacy Officer: Mary Ellen Callahan DHS announced that Mary Ellen Callahan became the Chief Privacy Officer of DHS on 3/9/09. more
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03/10/2009 | CA4 Finds Petitioner Did Not Knowingly Waive Appellate Rights in Accepting Voluntary Departure The court grants petition for review, vacates and remands. Finds the BIA abused its discretion in denying motion to reconsider for lack of jurisdiction, and that petitioner did not knowingly and intelligently waive his right to appeal before the IJ in accepting voluntary departure. Courtesy of Alexandru I. Craciunescu. (Narine v. Holder, 3/9/09). more
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03/09/2009 | Visa Bulletin for April 2009 DOS released the visa bulletin for April 2009, which reflects retrogression in the EB-3 category. more
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03/09/2009 | Neufeld Memo Allows Athletes to File for New P-1 Admission after 10 Years in U.S. A 3/6/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, provides instructions that enable a P-1 to file for a new initial period of admission after P-1 has been in the U.S. for a 10-year period. more
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03/09/2009 | ICE Announces Agriprocessors Supervisor Sentenced to 23 Months in Prison On 3/4/09 ICE announced that a former Agriprocessors, Inc. supervisor was sentenced to almost two years in federal prison for aiding and abetting in harboring illegal aliens. more
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03/05/2009 | White House Press Release on DHS Reform Agenda A 3/4/09 White House press release provides an overview of DHS's reform agenda, which lists areas in which the department is looking to make improvements, including the transfer of administrative and program management functions from contractors to employees. more
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03/05/2009 | DOS Cable Regarding 2009 Poverty Guidelines A February 2009 DOS cable instructs consular posts to begin using the 2009 poverty guidelines in calculating levels of income and assets that immigrant visa petitioners and joint sponsors must demonstrate on Forms I-864 or Forms I-864EZ, Affidavit of Support submitted, on or after 3/1/09. more
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03/05/2009 | CBP to Temporarily Adjust Hours of Operation at San Diego Border Stations Beginning 3/8/09 CBP will adjust hours of operation at San Diego border stations for a four week period to accommodate the one hour time difference when California changes to daylight savings time ahead of Baja California, Mexico. more
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03/04/2009 | USCIS Announces Backlog of Name Checks Pending More than 6 Months Eliminated On 3/4/09 USCIS announced that it eliminated the backlog for FBI name checks pending more than 6 months. The next goal is to complete name check requests pending more than 90 days by 5/30/09. more
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03/04/2009 | USCIS Announces Passport Data Incorporated Into E-Verify On 3/4/09 USCIS announced that it incorporated Department of State passport data into the E-Verify program in February 2009. more
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03/04/2009 | U.S. Consulates in India Adjust Exchange Rate On 3/3/09 the U.S. Embassy in New Delhi, India announced an adjustment of the consular exchange rate for rupee to dollar conversions at all U.S. consulates in India. more
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03/04/2009 | BIA Remands to Allow for Additional Relevant Evidence in Cancellation of Removal Case BIA remands to allow for additional relevant evidence. Applicant for cancellation of removal claims removal would pose exceptional and extremely unusual hardship to U.S. citizen daughter because of lack of support and medical care in Honduras to treat kidney disease and other health problems. Unpublished decision courtesy of Luis Sanabria. more
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03/03/2009 | DHS Release on Stimulus Act Funding A 3/3/09 DHS press release summarizes the allocation of American Recovery and Reinvestment Act funding for DHS projects. ICE is to receive $20 million. DHS created a website to monitor and track the dollars coming into the department. more
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03/03/2009 | Supreme Court Reverses and Remands in Negusie v. Holder The Supreme Court reverses and remands to the BIA, finding error in the misapplication of Fedorenko regarding coerced conduct and the persecutor bar to asylum. (Negusie v. Holder, 3/3/09). more
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03/03/2009 | Neufeld Memo Updates Guidance on Security Checks A 2/9/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, on National Security Adjudication and Reporting Requirements, supersedes the 2/4/08 memo on security checks. more
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03/03/2009 | CIS Ombudsman Teleconference Questions on Motions to Reopen The CIS Ombudman's office posted questions and comments from the 1/28/09 teleconference on Motions to Reopen to its website. more
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February, 2009
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02/27/2009 | USCIS List of Initial H-1B Employers for FY 2008 USCIS has provided AILA liaison with a list of all employers whose H-1B petitions for initial beneficiaries were approved for FY 2008, including the number of petitions approved for each employer. more
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02/27/2009 | USCIS to Open Application Support Center in Saipan On 2/25/09 USCIS announced that in March 2009 it will open an Application Support Center in Saipan, which is part of the Commonwealth of Northern Mariana Islands. more
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02/26/2009 | BALCA Vacates CO’s Denial of Labor Certification Based on Missing Kellogg Language BALCA vacated the Certifying Officer’s denial of labor certification based on missing Kellogg language and ordered the Certifying Officer to grant certification. Federal Insurance Co., 2008-PER-0037(2/20/09). more
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02/24/2009 | USCIS Expands Premium Processing for Certain I-140s On February 24, 2009, USCIS announced that it is expanding premium processing for I-140s filed on behalf of individuals who have reached, or are reaching, their limitation of stay in H-1B nonimmigrant status. A Fact sheet follows the announcement. more
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02/23/2009 | National Benefits Center Processing Time Report (02/20/09) The National Benefits Center has released its processing times as of December 31, 2008. more
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02/23/2009 | Nebraska Service Center Processing Time Report (02/20/09) The Nebraska Service Center has released its processing times as of December 31, 2008. more
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02/23/2009 | Texas Service Center Processing Time Report (02/20/09) The Texas Service Center has released its processing times as of December 31, 2008. more
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02/23/2009 | Vermont Service Center Processing Time Report (02/20/09) The Vermont Service Center has released its processing times as of December 31, 2008. more
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02/23/2009 | California Service Center Processing Time Report (1/20/09) The California Service Center has released its processing times as of December 31, 2008. more
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02/23/2009 | DOS Updates Travel Alert For Mexico The Department of State issues a Travel Alert which updates security information for U.S. citizens traveling and living in Mexico. more
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02/20/2009 | USCIS Update on Upcoming EB-5 Sunset Date On 2/19/09 USCIS released a reminder of the upcoming EB-5 Immigrant Investor Pilot Program sunset on 3/6/09, which addresses processing of Forms I-526 and I-485. more
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02/20/2009 | CBP Announces Extension of Service Hours at Santa Teresa Port of Entry CBP announced that it will extend hours at the Santa Teresa port of entry in New Mexico beginning 3/1/09. more
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02/19/2009 | DHS Announces Appointment of Chief Privacy Officer On 2/19/09 DHS Secretary Janet Napolitano announced her appointment of Mary Ellen Callahan as the department's Chief Privacy Officer. more
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02/13/2009 | USCIS New Orleans Office Will Be Closed February 24 Yes, it's true - USCIS announced that the New Orleans, Louisiana Field Office will be closed on 2/24/09 for Mardi Gras. more
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02/13/2009 | Court Finds Child Support Payments Do Not Offset Obligations Under Affidavit of Support Memo denying the defendant's motion and granting the plaintiff's motion. Plaintiff filed claim to enforce defendant’s obligations pursuant to the Affidavit of Support that he signed after they were married. He contended his obligation should be reduced by the plaintiff’s alimony, child support, and any wages she received. Younis v. Farooqi (MD, 2/10/09). more
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02/12/2009 | ICE Arrests 11 Following Investigation into Multi-State Visa Fraud Operation On 2/12/09 ICE announced the arrest of 11 individuals in six states as part of an investigation into suspected visa and mail fraud. more
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02/10/2009 | Visa Bulletin for March 2009 DOS released the visa bulletin for March 2009. Section D addresses the sunset of two employment-based visa categories. In Section E the NVC provides totals for numbers of applicants on waiting lists in the various numerically-limited family immigrant categories and lists the top ten countries with the highest number of applicants on the waiting lists. more
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02/10/2009 | CA2 Upholds Finding that 245(i) Grandfathering Requires Proof of Bona Fide Marriage at Inception The court denies the petition for review, upholding the BIA’s interpretation that grandfathering under INA § 245(i) in the context of a marriage-based visa petition, requires a petitioner to establish a bona fide marital relationship to demonstrate that the petition was approvable when filed. (Huarcaya v. Mukasey, 12/12/08). more
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02/09/2009 | CA2 Addresses Applicability of §1182(a) Inadmissibility “Savings Clause” to Repeat Offenders The court denies the petition for review, finding that an alien who is inadmissible under 8 U.S.C. § 1182(a)(9)(C)(i)(I) is not eligible for 8 U.S.C. § 1255(i) relief. (Mora v. Mukasey, 12/16/08). more
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02/09/2009 | CA5 Finds Grant of 212(c) Waiver Does Not Expunge the Conviction Itself The court denies the petition to review, finding that a conviction that was the focus of a previous INA § 212(c) waiver can still be a ground of inadmissibility that precludes INA § 212(h) relief in further removal proceedings. It also rejects the petitioner’s equal protection claim. (De Hoyos v. Mukasey, 12/8/08). more
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02/06/2009 | Aytes Memo Responds to CIS Ombudsman on Processing Delays for EADs A memo from Michael Aytes, Acting Director, USCIS, addresses the Ombudsman’s Recommendation #35 on USCIS processing delays for employment authorization documents. more
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02/06/2009 | Mass. District Court Rules It Can Review a Visa Denial when First Amendment Rights Are at Issue There court finds exception to the doctrine of consular nonreviewability. In cases where there is a claim that constitutional rights of citizens have been affected, judicial review is permitted to determine whether a visa was denied on the basis of a facially legitimate and bona fide reason. American Sociological Association v. Chertoff (MA, 12/8/08). more
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02/05/2009 | USCIS Notice of Non-Minister Religious Workers Sunset On 2/4/09 USCIS issued a notification that authorization for the non-minister special immigrant religious worker program will expire on 3/6/09. more
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02/04/2009 | USCIS Asks H-2A and H-2B Petitioners to Use New Form I-129 In a 2/4/09 release, USCIS urges H-2A and H-2B petitioners to use new form I-129, “Petition for a Nonimmigrant Worker,” which contains the H Classification Supplement. more
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02/04/2009 | Secretary Napolitano Announces Appointment of Special Advisor on Enforcement and Detention and Removal On 2/4/08 DHS Secretary Janet Napolitano announced her appointment of Dora Schriro as Special Advisor on Immigration and Customs Enforcement and Detention & Removal, a newly created position. more
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02/04/2009 | DOL Guidance on iCERT Portal and Selected PERM Statistics The DOL's Office of Foreign Labor Certification (OFLC) provides guidance from employers and attorneys on using the iCERT System for application submissions. It is followed by selected statistics for the PERM program for FY 2009. more
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02/04/2009 | Six Texas Counties Now Checking Immigration Records Upon Booking Detainees On 2/2/09, ICE announced that six counies in Southwest Texas have now been added to the Secure Communities program, under which the fingerprints of arrested individuals are simultaneously checked against both the FBI's criminal history records and the biometrics-based immigration records maintained by DHS. more
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02/03/2009 | USCIS Fact Sheet on the Naturalization Process for the Military On 2/3/09 USCIS released a fact sheet summarizing the naturalization process for members of the armed forces. It includes FY 2009 statistics. more
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January, 2009
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01/30/2009 | USCIS Press Release on I-9 Interim Final Rule Delay In a 1/30/09 press release USCIS announced that it has delayed by 60 days, until April 3, 2009, the implementation of an interim final rule entitled “Documents Acceptable for Employment Eligibility Verification.” more
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01/30/2009 | DHS Secretary Napolitano Issues Border Security Directive On 1/30/09 DHS Secretary Janet Napolitano announced a wide-ranging action directive on immigration and border security, which addresses legal immigration benefit backlogs, widows and widowers of U.S. citizens; immigration detention centers; and electronic employee verification, among other issues. more
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01/30/2009 | ICE Summary Quarterly Review: SEVIS by the Numbers A 1/5/09 ICE SEVIS General Summary Quarterly Review report for the quarter ending on 12/31/08, includes data on approved schools, as well as F-1 and M-1 students. more
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01/27/2009 | CBP Information for Travelers Arriving in the U.S. Via the Ice Bridge On 1/23/09 CBP released information about reporting procedures for travelers arriving on Drummond Island, Michigan, via the “Ice Bridge” from Canada. more
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01/27/2009 | CBP in San Diego Expects an Increase in Requests for I-94s on February 2nd CBP officials in San Diego are anticipating an increase in requests for I-94s during Mexico’s Constitution Day, February 2, 2009 and encourage travelers to obtain the document prior to the day of travel. The notice is also available en Español. more
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01/27/2009 | DOL Releases 2010 SOC Structure DOL released the 2010 SOC Structure on behalf of the Standard Occupational Classification Policy Committee. Changes to titles or codes are highlighted in yellow. more
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01/26/2009 | Vermont Service Center Processing Time Report (1/23/09) VSC Processing Time Report released 1/23/09 with processing dates as of 11/30/08. more
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01/26/2009 | Texas Service Center Processing Time Report (1/23/09) TSC Processing Time Report released 1/23/09 with processing dates as of 11/30/08. more
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01/26/2009 | Nebraska Service Center Processing Time Report (1/23/09) NSC Processing Time Report released 1/23/09 with processing dates as of 11/30/08. more
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01/26/2009 | National Benefits Center Processing Time Report (1/23/09) NBC Processing Time Report released 1/23/09 with processing dates as of 11/30/08. more
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01/26/2009 | California Service Center Processing Time Report (1/23/09) CSC Processing Time Report released 1/23/09 with processing dates as of 11/30/08. more
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01/27/2009 | Michael Aytes Memo regarding AOS Applications for delayed background checks remains in effect more
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01/27/2009 | Updated 2009 Poverty Guidelines published in the Federal Register more
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01/21/2009 | DOL Describes Procedures Under New H-2A Regulation DOL issues stakeholder briefings on H-2A regulations, which took effect on January 17, 2009. DOL staff explain the procedures for filing and review of an H-2A application. A discussion of changes to the DOL enforcement procedures were also included in the briefing. more
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01/21/2009 | ICE Announces New Program to Enhance ID and Removal of Criminal Aliens On January 16, 2009, ICE announced that a new program to enhance the identification and removal of criminal aliens in three counties in North Carolina. The program provides for criminal and immigration records of all detainees to be checked. more
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01/21/2009 | Q&As from the CIS Ombudsman Teleconference on EB-5 Investor Visas Q&As from the 9/26/08 CIS Ombudsman's teleconference on EB-5 Investor Visas address possible sunset, premium processing, regional centers, minimum threshold investment, unemployment, special public law legislation cases, stakeholder meetings, job creation, number of adjudicators, and more. more
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01/21/2009 | Changes to H-2B Applications Filed After January 18, 2009 The Employment Security Department of Washington State provides guidance on changes to the H-2B program resulting from the December 19, 2008 final rule on Labor Certification for H-2Bs. AILA’s DOL liaison committee is seeking clarification on the proper e-mail/fax address to be used for H-2B prevailing wages. more
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01/21/2009 | President Barack Obama’s First Memo: Halt the Midnight Regulations On January 20, 2009, President Barack Obama’s Chief of Staff issued a memo instructing federal agency heads that no proposed or final regulations should be sent to the office for the Federal Register for publication unless and until it has been reviewed and approved by a department or agency head appointed or designated by the President after noon on January 20, 2009. more
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01/14/2009 | DOL FAQs on Supervised Recruitment DOL posted new FAQs on its website regarding supervised recruitment. more
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01/14/2009 | BIA Denies Motion to Set Aside Attorney Suspension Order The BIA denied an attorney’s motion to set aside a suspension order for failure to show good cause. Motion was based on claimed good standing before the California State Bar. Attorney was suspended from practice by the Ninth Circuit, and subsequently before the BIA, the Immigration Courts, and DHS. Matter of Rosenberg, 24 I&N Dec. 744 (BIA 2009). more
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01/14/2009 | USCIS Announces Washington DC Offices to Close for Two Federal Holidays A 1/13/09 USCIS Update announces that USCIS offices in the Washington DC metropolitan area will be closed January 17 through January 20, 2009 for two federal holidays. more
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01/14/2009 | BIA Finds Request for Corroboration Improper, Adverse Credibility Analysis Inadequate BIA sustains appeal and remands. Concludes that the asylum applicant from Turkmenistan, persecuted on account of religion and ethnicity, adequately explained the failure to provide corroborating evidence. Also finds IJs adverse credibility determination was inadequate. Unpublished decision courtesy of Harry Asatrian. more
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01/13/2009 | AAO Holds 5-year Indian M.B.B.S. Degree Equivalent of U.S. M.D. Degree In a non-precedent decision, the AAO holds that a 5-year M.B.B.S. degree from India is the equivalent of a U.S. M.D. degree and discusses evidence of degree equivalency. more
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01/13/2009 | Visa Bulletin for February 2009 DOS released the Visa Bulletin for February 2009. more
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01/13/2009 | USCIS Notice and FAQs on Delayed Implementation of FAR E-Verify Regulation On 1/13/09 USCIS posted a notice to its website regarding the delayed implementation of the FAR E-Verify regulation. It is followed by FAQs. more
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01/12/2009 | USCIS Press Release on Change in Filing Location for EB-5s A 1/12/09 USCIS Update highlights the change in filing location for EB-5s, previously announced in a Federal Register notice (74 FR 912) published 1/9/09. more
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01/08/2009 | E-Verify Memorandum of Understanding for Federal Contractors This document is the DHS E-Verify Memorandum of Understanding for federal contractors and subcontractors who are required to begin using the E-Verify system starting 1/15/09. more
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01/08/2009 | USCIS Announces More Than 100,000 Employers Now Using E-Verify On 1/8/09 USCIS announced that more than 100,000 employers have signed up to use E-Verify to check the employment eligibility of newly-hired employees. more
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01/08/2009 | USCIS Update: H-2B Cap Reached for FY 2009 On 1/8/09 USCIS released an Update announcing that it had received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2009. more
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01/06/2009 | USCIS Releases Supplemental Q & As on Religious Worker Final Rule On 1/5/08 USCIS released supplemental Q & As on the special immigrant and nonimmigrant religious worker visa categories final rule published 11/26/08 (73 FR 72298). more
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01/05/2009 | GAO Report on USCIS Background Check Process for LPR Applicants This GAO report reviews the USCIS background check process for LPR applicants. GAO recommends USCIS establish a timetable for addressing findings from benefit fraud assessments, as well as, the establishment of procedures that would require verification of certain evidence submitted with petitions. more
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01/05/2009 | ICE Updates List of SEVP Approved Schools (Updated 1/5/09) On 12/29/08 ICE updated its list of Student and Exchange Visitor Program approved schools. more
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Information provided courtesy from AILA's InfoNet (www.aila.org). Copyright © 1993–2007, American Immigration Lawyers Association.
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The information contained in this web page is intended strictly to be used for information purposes and to educate the public in a general manner. The information contained in this page should not be considered legal advice, legal consultation, expressed or implied representation or a formal or an informal retention of this office. To create a formal attorney-client relationship a retainer must be signed and a fee must be paid to this office. Our response to any of your questions, comments, concerns etc. does not establish an attorney-client relationship. By responding to your questions we do not consider ourselves your attorneys. The response to your questions is strictly informational in nature and should not be considered or used as legal advice in any manner. The information contained on this site is general information on immigration laws and issues. The general information that is included in this web page will not cover the various exceptions and loopholes that are prevalent in the Immigration laws. We hope that our web page will educate you and hopefully enhance your understanding of Immigration laws.
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