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4/16/2014 - USCIS Teleconference on Administrative Site Visit and Verification Program for L-1 Visas   (.pdf 578 KB)
USCIS invitation to a stakeholder teleconference on 4/24/14 to discuss the extension of the Administrative Site Visit and Verification Program to L-1 visas. USCIS will share information about the history of the program and its implementation, and also will be available to answer questions.

4/16/2014 - DOL Practice Alert: Listing Employee Qualifications in PERM Section K   (.pdf 613 KB)
AILA DOL Liaison Committee practice alert advises members of the need to list the employee’s qualifications in Section K of the ETA 9089 based on requirements listed in Section H that are not gained through prior work experience, such as a license, professional certificate, or board certification

4/16/2014 - EOIR FY2013 Statistics Yearbook   (.pdf 14123 KB)
EOIR FY2013 statistics yearbook with data on the Immigration Courts, BIA, and OCAHO. The yearbook, an annual compilation of data on respondents’ cases by nationality, language, and disposition, and provides detailed information surrounding asylum cases, used a new statistical methodology for FY2013.

4/16/2014 - AILA Pro Bono Heroes Recognition Program (Updated 4/16/14)  
AILA's National Pro Bono Services Committee presents a quarterly Pro Bono Heroes recognition program. Each quarter, a different category of person/organization exemplifying the professional values of pro bono immigration legal work is profiled. Nominations now open!

4/16/2014 - CA5 Finds Petitioner Ineligible to Adjust under §245(i) Due to Fraudulent Entry   (.pdf 553 KB)
The court denied the petition for review, finding no error in the BIA’s determination that petitioner was statutorily ineligible for adjustment of status under INA §245(i) because she was inadmissible under INA § 212(a)(6)(C)(i) for fraudulent entry. (Sattani v. Holder, 4/14/14)

4/16/2014 - 2014 Visa Reciprocity Changes (Updated 4/16/14)  
DOS updates the visa reciprocity tables, including updated information for Greece and Ecuador.

4/16/2014 - AILA Leadership Blog: Could Religion Be the Common Ground for Immigration Reform?  
AILA Secretary Anastasia Tonello looks at how immigration reform has brought together leaders of varying faiths noting, “Perhaps religion, which we too often see as a source of division, can this time serve as a bridge to unite us and serve as a basis and foundation for immigration reform.”

4/16/2014 - AILA Analysis of Deportation Figures   (.pdf 808 KB)
AILA analysis of deportation numbers from FY2002 to FY2012 showing the increase in removals at a time of decrease in apprehensions.

4/16/2014 - 2014 AILA Chicago Chapter Ethics Conference (5/2/14)   (.pdf 496 KB)
May 2, 2014
8:00 am to 1:00 pm
Chicago Bar Association
321 S. Plymouth Ct.
Chicago, IL 60604

This event is being presented by AILA's Chicago Chapter. This event is not being organized by the AILA National Office.

4/16/2014 - Send Us Your Feedback on Electronic Filing of I-526 EB-5 Petitions  
The AILA EB-5 Committee is soliciting member experiences filing I-526 EB-5 petitions electronically using the USCIS ELIS system. Please send us details – good and bad – relating to your experience with such filings.

4/16/2014 - CRS Report on Unlawfully Present Individuals and State-Issued IDs   (.pdf 799 KB)
Congressional Research Service (CRS) report on individuals who are present in the U.S. in violation of federal immigration laws and their eligibility for driver’s licenses and other forms of state-issued identification documents.

4/16/2014 - Direct EB-5 Investment: The Murky Areas   (.pdf 610 KB)
EB-5 practice pointer alerts attorneys to unanswered questions relating to EB-5 direct investment cases and offers suggestions for resolving them.

4/16/2014 - Daily Immigration News Clips – April 16, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 16, 2014.

4/16/2014 - USCIS Invitation to Teleconference on EB-5 Regulatory Changes   (.pdf 585 KB)
USCIS invitation to a stakeholder teleconference on 4/23/14 to discuss future regulatory changes for the EB-5 Immigrant Investor Program. Feedback is requested on combating fraud and abuse, improving current regulations, and substantive eligibility and procedural filing requirements.

4/16/2014 - AILA DOS Liaison Q&As (4/09/14)   (.pdf 724 KB)
DOS responses to AILA/DOS liaison Q&As, which address questions relating to visa wait times, administrative processing, Forms DS-160 and DS-260, NVC fee bills, U.K. cautions, ART, H-1B end-client letters, J-1 waivers, endorsement of the I-129S for blanket L cases, and E-2 for Israelis.

4/16/2014 - AILA NBC Liaison Committee Meeting Minutes (10/31/13)   (.pdf 658 KB)
Meeting minutes from the AILA NBC Liaison Committee’s 10/31/13 meeting with the National Benefits Center, including information on stand-alone I-130 processing; I-601A provisional waiver statistics, adjudications, and RFEs; interview waiver adjustment of status; and processing times.

4/15/2014 - CA9 Declines to Review Asylum and Withholding Denial for Chinese Petitioner   (.pdf 535 KB)
The court held substantial evidence supported BIA’s reasonable determination that petitioner was not credible under the totality of the circumstances, including his non-responsive demeanor during cross-examination and affirmative misrepresentations of his residency. (Jin v. Holder, 4/14/14)

4/15/2014 - CRS Report on Unlawfully Present Students and Higher Education   (.pdf 778 KB)
Congressional Research Service (CRS) report on unlawfully present students and a legal analysis of higher education, in-state tuition, and financial aid as it relates to DREAMers.

4/15/2014 - Free This Month on Agora  
Various burdens of proof can make the difference between winning and losing your case; prepare yourself with this month's free Agora resources. Also free; read about the legal and practical issues surrounding the general authorization for admission for nonimmigrants under §212(d)(3)(A) of the INA.

4/15/2014 - Your AILA8 for April 15, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

4/15/2014 - Call for Examples: 2014 L-1B Specialized Knowledge Denials  
The American Immigration Council and AILA are seeking examples of L-1B petition denials issued in 2014 based on USCIS’s conclusion that the beneficiary did not possess “specialized knowledge.” Please send us your examples by April 30, 2014.

4/15/2014 - AILA Announces First Quarter of 2014’s Pro Bono Heroes Honorees  
AILA’s National Pro Bono Services Committee is pleased to announce the honorees for the first quarter of 2014 of the AILA Pro Bono Heroes Recognition program. Congratulations to all who were nominated, and kudos on all of your great work!

4/15/2014 - Mark Your Calendar and Register for These Mid-May CLE Seminars.  
May 13 Web Seminar: The Intersection of Export Control Regulations & Immigration Law. May 15 Web Seminar: Perplexing PERM Issues—Secrets from Experienced Practitioners, May 20 Audio Seminar: Child Status Protection Act: Retaining Your Sanity. May 22 Web Seminar: H-1B Cap Cases: RFE Trends.

4/15/2014 - Call to All AILA Members: Questions Sought for 5/8/14 NSC Stakeholder Teleconference  
The NSC Liaison Committee requests questions for an upcoming stakeholder teleconference with NSC on students, schools, and other issues. Please send non-case specific items by end of business on 4/24/14.

4/15/2014 - USCIS Extension of Comment Request on Form I-821D (Updated 4/15/14)  
USCIS 30-day extension of information collection on Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Comments are now due on 5/5/14. USCIS correction issued to add e-Docket ID, due date remains unchanged. (79 FR 18925, 4/4/14) (79 FR 21257, 4/15/14)

4/15/2014 - USCIS Invitation to NSC Stakeholder Teleconference on Students, Schools, and Other Issues  
USCIS invitation to a 5/8/14 NSC stakeholder teleconference on students, schools, and other issues. Registration information to be provided.

4/15/2014 - Central Florida Chapter: Miami Immigration Court Contact Information (4/10/14)   (.pdf 495 KB)
Central Florida Chapter provides Miami Immigration Court clerical assignments and contact information as of April 10, 2014.

4/15/2014 - Central Florida Chapter: ICE/ERO Broward Transitional Center Contact Information (January 2014)   (.pdf 475 KB)
Central Florida Chapter provides ICE/ERO docket assignments, including contact information, for the Broward Transitional Center in Pompano Beach, Florida, as of January 2014.

4/15/2014 - Let Your VOICE Be Heard! Write for AILA’s Online Magazine, VOICE: An Immigration Dialogue   (.pdf 638 KB)
Be a part of AILA’s VOICE: An Immigration Dialogue. Want to submit an article for consideration? Have a story idea? Want to share what’s happening in your life for the news about members section? Don’t wait! Contact VOICE at voice@aila.org for more information.

4/15/2014 - District Court Permanent Injunction Against Operators of Immigration Services Scam   (.pdf 530 KB)
The court issued a permanent injunction against operators of a Baltimore-based immigration services scam, ordering them to pay as much as $616,000 in refunds and banning the defendants permanently from providing immigration services. (FTC v. Loma International Business Group Inc., 3/24/14)

4/15/2014 - U.S. Embassies and Consulates Unable to Accept Credit Card Payments  
USCIS alert that U.S. Embassies and Consulates around the world are unable to accept credit card payments at this time. As DOS processes USCIS petition fees for overseas USCIS Field Offices, payment by credit card will not be available until DOS resumes that service. Fees can be paid locally.

4/15/2014 - Daily Immigration News Clips – April 15, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 15, 2014.

4/15/2014 - FY2014 H-2B Cap Count (Updated 4/15/14)  
As of 4/11/14, USCIS receipted 20,589 beneficiaries toward the 33,000 H-2B cap for the second half of FY2014. This count includes 17,382 approved and 3,207 pending beneficiaries.

4/14/2014 - Your AILA8 for April 14, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

4/14/2014 - Immigration Politics 2014  
AILA Advocacy Department's daily immigration reform update.

4/14/2014 - Video: AILA's National Day of Action 2014  
Thursday, April 10th, hundreds of AILA members from around the country descended on Washington D.C. for our 2014 National Day of Action. Hear what members have to say as they took on the House to fight for comprehensive immigration reform.

4/14/2014 - EOIR 1-800 Number and Computer Systems Outage   (.pdf 480 KB)
EOIR alert that it is currently experiencing a systems outage involving several computer applications including eRegistration and the telephonic case information system (the 1-800 phone number). EOIR hopes to have the situation resolved in the near future.

4/14/2014 - Daily Immigration News Clips – April 14, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 14, 2014.

4/14/2014 - DOL Statistics on H-2Bs from Second Quarter of FY2014   (.pdf 578 KB)
DOL’s OFLC statistics on H-2Bs as of 3/31/14, including number of applications received, top occupations, states, and employers, as well as the status of applications processed.

4/14/2014 - DOL Statistics on H-2As from Second Quarter of FY2014   (.pdf 560 KB)
DOL’s OFLC statistics on H-2As as of 3/31/14, including number of applications received, top states and employers, as well as the status of applications processed.

4/14/2014 - DOL Statistics on H-1Bs from Second Quarter of FY2014   (.pdf 580 KB)
DOL’s OFLC statistics on H-1Bs as of 3/31/14, including number of labor condition applications (LCAs) received, top occupations, states and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, and percentage timely processed.

4/14/2014 - DOL Statistics on PWDs from Second Quarter of FY2014   (.pdf 539 KB)
DOL’s OFLC statistics from the National Prevailing Wage Center on prevailing wage determinations (PWD) as of 3/31/14, including number of applications received, top employers and occupations for PERM, H-1B, and H-2B, as well as number of determined, withdrawn, and pending prevailing wage actions.

4/14/2014 - DOL Statistics on PERM Program from Second Quarter of FY2014   (.pdf 535 KB)
DOL’s OFLC statistics on the PERM program as of 3/31/14, including number of applications received, top occupations, work site states, industries, visa classifications, country of citizenship, and minimum educational requirements, as well as number of certified, denied and withdrawn applications.

4/11/2014 - AILA Quick Take #69: H-1B Visa Cap  
AILA Director of Liaison Betsy Lawrence discusses the H-1B visa cap. Yesterday, U.S. Citizenship and Immigration Services announced that on the first day it can count petitions, USCIS has received more than enough to reach the 85,000 maximum H-1B visas that are available in fiscal year 2015.

4/11/2014 - Video: Introducing the New and Improved AILALink!  
This week, AILA released a revamped version of its online research database. AILA's Executive Director, Crystal Williams, shares the new features.

4/11/2014 - AIM: Mental Health and Detention  
For April's AILA Interview of the Month (AIM), immigration attorney and AILA member Rebecca Rojas joins us on Skype from Atlanta, Georgia, to discuss mental health and detention.

4/11/2014 - Your AILA8 for April 11, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

4/11/2014 - BIA Administratively Closes Proceedings After Grant of DACA  
Unpublished BIA decision grants motion to administratively close proceedings in light of grant of DACA application and to sever proceedings with respondent’s mother. (Matter of Gonzalez, 2/21/14) Special thanks to IRAC.

4/11/2014 - BIA Reopens Proceedings Due to Attorney Advice Not to Attend Hearing  
Unpublished BIA decision reopens proceedings at which respondent was removed in absentia upon finding attorney's advice that he need not attend hearing constituted exceptional circumstances justifying his failure to appear. (Matter of Macal-Ventura, 2/20/14) Special thanks to IRAC.

4/11/2014 - AILA Audio Seminar: Humanitarian Reinstatement  
Thursday, April 17. This audio seminar will guide you through the humanitarian reinstatement process, a discretionary form of relief that is available to the principal beneficiary of an approved Form I-130 upon the death of the petitioner.

4/11/2014 - BIA Finds IJ Failed to Provide Required Biometrics Warnings  
Unpublished BIA decision remands record because IJ deemed respondent’s TPS application abandoned without providing required warnings under 8 CFR 1003.47(d) regarding failure to provide biometrics. (Matter of Alfaro, 2/20/14) Special thanks to IRAC.

4/11/2014 - USCIS Invitation to O and P Stakeholder Event   (.pdf 587 KB)
USCIS invitation to a stakeholder meeting about the O and P nonimmigrant visa programs on 4/17/14. Input provided will contribute to the ongoing work of USCIS’ Executives in Residence initiative on the performing arts and entertainment industries. In-person and teleconference options are available.

4/11/2014 - Daily Immigration News Clips – April 11, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 11, 2014.

4/10/2014 - DOL Alert: iCERT LCA Problems - DOL Aware and Working to Fix (Updated 8:30pm)  
DOL is working to fix the “denial warning” issue that members have reported receiving relating to Step 5, when attempting to submit LCAs on iCERT. In the meantime, DOL reports that the error message is “false,” and should not result in the LCA being denied.

4/10/2014 - CRS Report on Refugee Admissions and Resettlement Policy   (.pdf 753 KB)
Congressional Research Service (CRS) report on refugee admissions and resettlement policy, including FY2014 refugee ceiling and allocations, refugee processing priorities, admissibility of refugees, and special refugee provisions.

4/10/2014 - Your AILA8 for April 10, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

4/10/2014 - TRAC Report on ICE Deportation Data by Gender, Age, and Country of Citizenship  
Transactional Records Access Clearinghouse (TRAC) report on FY2012 and FY2013 deportation counts by gender, age, and nationality for all countries.

4/10/2014 - USCIS Received Around 172,500 H-1B Petitions and Completed Random Selection Process   (.pdf 543 KB)
USCIS press release stating that they received approximately 172,500 H-1B petitions during the FY2015 filing period and completed the computer-generated random selection process on 4/10/14 to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption.

4/10/2014 - USCIS Changes International District Names   (.pdf 466 KB)
USCIS message that effective 4/10/14, USCIS international district offices will have new names that more descriptively convey the jurisdictions the districts cover. The district offices will remain in their current locations of Bangkok, Rome, and Mexico City.

4/10/2014 - USCIS Webinar on Immigration Relief for Victims of Human Trafficking and Other Crimes   (.pdf 759 KB)
USCIS invitation to a 4/16/14 webinar to discuss relief options available to victims of human trafficking, domestic violence, and other serious crimes. Subject matter experts will provide an overview and be available to answer questions. Registration information included.

4/10/2014 - USCIS FAQs on Consideration of Deferred Action for Childhood Arrivals (Updated 4/10/13)  
USCIS updated its Consideration for Deferred Action for Childhood Arrivals process page on 4/9/14 with information on renewals. FAQs were last updated on 1/18/13.

4/10/2014 - Mark Your Calendar and Register for These Early May CLE Seminars  
May 1 Audio Seminar: Expanding the Availability of INA §212(h). May 6 Web Seminar: Is ‘In Lieu’ Dead or Alive? Appropriate Usages of the B-1. May 8 Audio Seminar: What to Do When Your Client Gets Arrested for a Criminal Matter.

4/10/2014 - BIA Requires DHS to Disclose Records of Prior TPS Applications  
Unpublished BIA decision remands record because IJ failed to adequately address respondent's TPS claim and requires DHS to submit administrative record on remand regarding prior TPS applications. (Matter of Tunis, 2/20/14) Special thanks to IRAC.

4/10/2014 - BIA Remands Record Because IJ Incorporated Prior Findings “By Reference” in Decision  
Unpublished BIA decision remands for new decision were IJ’s discussion of DHS burden of proof was contained in transcript, incorporated “by reference” into the decision, and provided an insufficient basis for a meaningful review. (Matter of Kim, 2/19/14) Special thanks to IRAC.

4/10/2014 - BIA Upholds Grant of Adjustment Despite Numerous Criminal Convictions  
Unpublished BIA decision upholds grant of adjustment over DHS arguments that respondent was controlled substance trafficker, committed fraud at removal hearing, and did not merit favorable exercise of discretion. (Matter of R-P-, 2/19/14) Special thanks to IRAC.

4/10/2014 - You Won’t Learn This in Law School  
Ask yourself “How would I like that?”—would you buy from you, work for you? This week’s Practice Success Tip highlights six great business concepts that every immigration lawyer should know.

4/10/2014 - DOS Request for Comments on FY2015 Refugee Admissions Program  
DOS notice of public comments on FY2015 U.S. Refugee Admission Program, including request for comments on the appropriate size and scope of the FY2015 program. Comments are due by 5/29/14. (79 FR 19958, 4/10/14)

4/10/2014 - DOS Notice of Designation of Ansar Bayt al-Maqdis as Foreign Terrorist Organization  
DOS notice of the determination of Ansar Bayt al-Maqdis (and other aliases) as a foreign terrorist organization pursuant to Section 219 of the INA. (79 FR 19958, 4/10/14)

4/10/2014 - Daily Immigration News Clips – April 10, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 10, 2014.

4/10/2014 - USCIS Message on 30-Day Comment Period for Revised Form I-821D   (.pdf 473 KB)
USCIS message on the publication of a 30-day notice in the Federal Register inviting public comment on the revised version of the Form I-821D. USCIS will issue the final revised Form I-821D after the public comment period is over, the comments are addressed, and the form is approved.

4/9/2014 - AILA Resources on Detention (Updated 4/9/14)  
Resources related to detention conditions and policy, including legislation, press statements, and hearings. AILA Doc. No. 12011164.

4/9/2014 - H.R. 1773 – The Agricultural Guestworker Act (Updated 4/9/14)  
On 04/26/13 Rep. Goodlatte (R-VA) introduced H.R. 1773 “The Agricultural Guestworker Act” of 2013. AILA Doc. No. 13042953.

4/9/2014 - AILA Resources on Interior Enforcement and Due Process (Updated 4/9/14)  
Effective border security and interior enforcement are essential to a functioning immigration system.

4/9/2014 - AILA Resources on the Border (Updated 12/19/13)  
In recent years increasing amounts of money have been poured into the protection of the border region--the necessity of these escalating costs is questionable, especially when considering that apprehensions at the border are at their lowest in 40 years.

4/9/2014 - National Day of Action 2014 (Updated 4/9/14)  
April 10, 2014
Washington, DC

4/9/2014 - Your AILA8 for April 9, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

4/9/2014 - CA7 Declines to Review Withholding Denial for Mexican Petitioner Fleeing Abusive Wife   (.pdf 1059 KB)
The court held that the BIA did not err by finding that the petitioner failed to identify “persons who face persecution by corrupt governmental and law enforcement authorities instigated by a politically connected spouse” as a valid social group. (Ruiz-Cabrera v. Holder, 4/8/14)

4/9/2014 - Call for Examples: Adjustment of Status Following Travel on Advance Parole  
Have a client who filed for AOS after traveling on advance parole? AILA is gathering examples to determine how USCIS is implementing Matter of Arrabally and Yerrabelly in the adjudication of adjustment applications and whether clients are experiencing problems returning on advance parole.

4/9/2014 - AILA Board of Governors Meeting Materials (4/12/14)   (.pdf 3831 KB)
The April 12, 2014 AILA Board of Governors Agenda has been revised. The topics are the same; only the order has changed.

4/9/2014 - The Ultimate Resource on Immigration Law  
Immigration attorneys, judges, and government officials agree that Kurzban’s Immigration Law Sourcebook is the ultimate resource for the practice and interpretation of U.S. immigration law. Accurate and concise analysis makes this publication as accessible as it is authoritative.

4/9/2014 - AILA Websites Safe from Heart Bleed Security Flaw  
All the sites that make up AILA's online presence (InfoNet, Agora, Message Center. AILALink, AILALawyer) are safe from the security flaw known as Heart Bleed

4/9/2014 - DOS Final Rule on Visa and Passport Requirements for Members of Armed Forces and Coast Guards of Foreign Countries  
DOS final rule amending regulations regarding the waiver by consular and immigration officers of visa and passport requirements for members of foreign armed forces and coast guards, including the removal of the list of countries who are ineligible for a waiver. (79 FR 19288, 4/8/14)

4/9/2014 - BIA Upholds Treatment of Returning LPR as Applicant for Admission  
Unpublished BIA decision holds over dissenting opinion that respondent alleged to have fraudulently obtained LPR status was properly charged as applicant for admission upon returning from travel abroad. (Matter of Alcaraz, 2/18/14) Special thanks to IRAC.

4/9/2014 - BIA Terminates Proceedings Against Respondent Who Raised Constitutional Challenges  
Unpublished BIA decision grants joint motion to terminate proceedings against respondent who argued that he was unlawfully held under immigration detainer and that removal would be constitutionally disproportionate. (Matter of Villanueva, 2/18/14) Special thanks to IRAC.

4/9/2014 - BIA Says Diligence in Filing Could be Factor in Reopening Cases Sua Sponte  
Unpublished BIA decision declines to reopen sua sponte under Carachuri-Rosendo v. Holder but says “diligence in filing a motion could be a relevant factor to consider in determining whether sua sponte reopening is warranted.” (Matter of Alvarado, 2/14/2014) Special thanks to IRAC.

4/9/2014 - Immigration Law Advisor, March 2014 (Vol. 8, No. 3)   (.pdf 636 KB)
Immigration Law Advisor, a legal publication from EOIR, with articles on the doctrine of command responsibility and its applicability to foreign military commanders, summary of circuit court and BIA precedent decisions for February 2014, and a regulatory update.

4/9/2014 - USCIS Message on Redesign of SAVE System   (.pdf 497 KB)
USCIS alert that it is completed the first phase of the redesign of the SAVE system, which now has a new home page layout, “Quick Links” navigation, and redesigned data entry pages for clearer directions and notification.

4/9/2014 - The Staggering Cost of Employer Noncompliance  
In VOICE, AILA member Christine Mehfoud emphasizes the importance of spending a little to implement a proper immigration compliance program to stave off stiff fines and prison terms. For more on the basics of employer sanctions, purchase AILA’s Annual Conference recording on Employer Sanctions.

4/9/2014 - Visa Bulletin for May 2014   (.pdf 135 KB)
DOS Visa Bulletin for May 2014. Visa bulletin reflects continued forward movement in both the family and employment-based categories.

4/9/2014 - USCIS Policy Manual Update on Civil Surgeon Applications   (.pdf 525 KB)
USCIS notice of a technical update to the USCIS Policy Manual to clarify than an applicant for civil surgeon designation must, at a minimum, submit a copy of their medical degree.

4/9/2014 - Daily Immigration News Clips – April 9, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 9, 2014.

4/9/2014 - AILA Amicus Brief in First Circuit on Mandatory Detention Under §236(c)   (.pdf 635 KB)
AILA amicus brief filed with the First Circuit Court of Appeals, arguing that mandatory detention under INA §236(c) does not apply to noncitizens taken into immigration custody well after being released from the predicate criminal custody.

4/9/2014 - AILA Amicus Urges Court to Hold Asylum Is Available to Individuals Subject to Reinstatement   (.pdf 552 KB)
AILA amicus brief filed with the Ninth Circuit Court of Appeals, arguing that any noncitizen arriving or physically present in the U.S. is eligible to apply for asylum notwithstanding whether he has returned after removal or departure under a removal order.

4/9/2014 - USCIS Reminder to Use Revised I-290B   (.pdf 489 KB)
USCIS reminder that after 4/5/14, only the revised Form I-290B, Notice of Appeal or Motion, with an edition date of 1/23/14, will be accepted.

4/8/2014 - Your AILA8 for April 8, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

4/8/2014 - BIA Finds Nevada Attempted Possession of Stolen Vehicle Is Not an Aggravated Felony   (.pdf 502 KB)
The BIA sustained the appeal and remanded, finding that attempted possession of a stolen vehicle under Nevada law, which requires a mental state of “reason to believe,” is not categorically an aggravated felony under INA §§ 101(a)(43)(G) and (U). Matter of Sierra, 26 I&N Dec. 288 (BIA 2014).

4/8/2014 - AILA Federal Court Litigation Section Conference Call (4/30/14)  
April 30, 2014
3pm Eastern
Teleconference

4/8/2014 - TRAC Report Reveals Secure Communities Program Failures  
Transactional Records Access Clearinghouse (TRAC) report finding that the number of noncitizens deported by ICE who have committed crimes other than minor violations, the primary targets of the Secure Communities program, has declined over the last four years.

4/8/2014 - Daily Immigration News Clips – April 8, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 8, 2014.

4/8/2014 - White House Fact Sheet on Strengthening Entrepreneurship at Home and Abroad   (.pdf 581 KB)
White House fact sheet released on 4/7/14 announcing that DHS will soon publish several proposed rules authorizing employment for spouses of certain high-skill workers on H-1B visas, as well as enhancing opportunities for outstanding professors and researchers.

4/8/2014 - Your AILA8 for April 7, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

4/7/2014 - CA8 Declines to Review Asylum Denial for Chinese Christian   (.pdf 504 KB)
The court denied the petition to review the asylum denial, finding that the IJ did not violate the petitioner’s right to due process because the Mandarin Chinese interpreter provided at the hearing was competent. (Yang v. Holder, 4/4/14)

4/7/2014 - CA1 Declines to Review MTR for Christian Indonesians Seeking Asylum   (.pdf 474 KB)
The court denied the petition to review the motion to reopen (MTR) the asylum denials, finding that Christian Indonesian petitioners failed to demonstrate error sufficient to warrant reopening of their removal proceedings. (Marsadu v. Holder, 4/4/14)

4/7/2014 - Another Year, Another H-1B Cap Reached Right Away  
AILA President Doug Stump commented on the H-1B visa cap reached today, saying that “it’s become increasingly clear that keeping the same cap we’ve had on these visas for more than ten years is absolutely the last thing we should be doing.”

4/7/2014 - USCIS Invitation to NSC Stakeholder Teleconference on Refugee/Asylum Issues (Updated 4/7/14)  
USCIS invitation to a 4/10/14 NSC stakeholder teleconference on Refugee/Asylum issues. Registration information included.

4/7/2014 - AAO Sustains Appeal on “Doing Business” in I-140 Multinational Executive/Managerial Petition   (.pdf 672 KB)
AAO sustains appeal of an I-140 EB-1C multinational executive/managerial petition, finding that the regulations on “doing business” does not require the petitioner be a direct party to contracts or a direct provider of goods and services to an unaffiliated third party. Courtesy of Alan Lee.

4/7/2014 - AILA Resources on The Immigration System (Updated 4/7/14)  
Legal immigration is essential to ensuring the continued vitality of the American economy and to meeting our nation’s historic commitment to family reunification.

4/7/2014 - USCIS Received Sufficient FY2015 H-1B Petitions to Trigger Random Lottery   (.pdf 540 KB)
USCIS announcement that it has received a sufficient number of H-1B petitions to reach the statutory cap for FY2015 for both the general category and the advanced degree exemption category and will close the filing period after 4/7/14. A random lottery will occur at a later date.

4/7/2014 - DOL Practice Alert: PERM Travel Bug Advisory   (.pdf 619 KB)
DOL practice alert provides guidelines for how and when to indicate that a position requires travel, whether incidental, extensive, or somewhere in between, when filing a request for prevailing wage determination and/or a PERM labor certification application.

4/7/2014 - Daily Immigration News Clips – April 7, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 7, 2014.

4/7/2014 - AILA San Diego Chapter Comments to DMV on AB 60   (.pdf 595 KB)
AILA San Diego Chapter’s comments to the California DMV commending AB 60, which allows certain undocumented individuals to obtain drivers licenses, as a much needed improvement, but explaining that additional measures are required in order to protect the interests of many foreign born persons.

4/4/2014 - Your AILA8 for April 4, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

4/4/2014 - CSC Invitation for 6/11/14 Stakeholder Open House   (.pdf 840 KB)
CSC invitation to a stakeholder open house on 6/11/14. CSC representatives will offer roundtable sessions addressing family, employment, and student-based immigration case types. USCIS officials will also address customer service issues and provide facility tours. Registration information included.

4/4/2014 - USCIS Looking For Feedback on Citizenship Preparation   (.pdf 517 KB)
USCIS is looking for ideas and opinions through its USCIS Idea Community on welcoming immigrants and citizenship preparation and what resources would help naturalization applicants to better prepare for the naturalization interview and test and understand the benefits of citizenship.

4/4/2014 - BIA Remands Discretionary Denial of Adjustment Application  
Unpublished BIA decisions remands discretionary denial of adjustment application where IJ failed to consider positive equities or make factual findings regarding alleged discrepancy between testimony and police report. (Matter of Coutinho, 2/11/14) Special thanks to IRAC.

4/4/2014 - BIA Reopens Proceedings Despite Lack of Evidence Commingling of Finances  
Unpublished BIA decision reopens proceedings over DHS opposition based on bona fides of marriage, excuses lack of commingling of finances because respondent lacked work authorization and wife was unemployed. (Matter of Anakor, 2/10/14) Special thanks to IRAC.

4/4/2014 - BIA Rescinds In Absentia Order Under Totality of the Circumstances  
Unpublished BIA decision rescinds in absentia removal order due to affidavits demonstrating lack of notice, respondent’s diligence in seeking reopening, and potential eligibility for cancellation of removal. (Matter of Sanchez, 2/10/14) Special thanks to IRAC.

4/4/2014 - BIA Finds Respondent Did Not Knowingly Waive Right to Appeal  
Unpublished BIA decision finds pro se respondent did not understand exchange with IJ to constitute knowing and intelligent waiver of right to appeal. (Matter of Ajche, 2/10/14) Special thanks to IRAC.

4/4/2014 - Keep Immigration Reform Efforts Alive!  
A long-time participant in National Day of Action, AILA member Neil Dornbaum explains in VOICE why the sense of novelty and purpose in educating political leaders about immigration law and policy never wears off. Join fellow attorneys in advocating for sensible and humane legislation on April 10.

4/4/2014 - California Service Center Processing Time Report (4/3/14)   (.pdf 661 KB)
CSC Processing Time Report released a processing time report on 4/3/14 with processing dates as of 2/28/14.

4/4/2014 - CA7 Declines to Review Untimely Motion to Reopen   (.pdf 1057 KB)
The petitioners sought to reopen their removal proceedings to administratively close their case and seek a provisional waiver of their inadmissibility, and the court denied the petition for review, as the motion to reopen the asylum denial was untimely. (Patel v. Holder, 4/1/14)

4/4/2014 - USCIS Invitation to Quarterly Asylum Stakeholder Meeting   (.pdf 761 KB)
USCIS invitation to the 4/23/14 Asylum Division quarterly stakeholder engagement that will provide updates and statistics regarding the Asylum Division. Participation in this event is in person only. Registration information included.

4/4/2014 - Daily Immigration News Clips – April 4, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 4, 2014.

4/4/2014 - National Benefits Center Processing Time Report (4/3/14)   (.pdf 554 KB)
NBC Processing Time Report released 4/3/14 with processing dates as of 2/28/14.

4/4/2014 - EB-5 Processing Time Report (4/3/14)   (.pdf 543 KB)
EB-5 Processing Time Report released 4/3/14 with updated processing dates as of 2/28/14.

4/4/2014 - Vermont Service Center Processing Time Report (4/3/14)   (.pdf 664 KB)
VSC Processing Time Report released 4/3/14 with processing dates as of 2/28/14.

4/4/2014 - Texas Service Center Processing Time Report (4/3/14)   (.pdf 608 KB)
TSC Processing Time Report released 4/3/14 with processing dates as of 2/28/14.

4/4/2014 - USCIS Office Closings for 2014 (Updated 4/4/14)  
USCIS alert that St. Paul, MN will open at 9am due to inclement weather.

4/4/2014 - Nebraska Service Center Processing Time Report (4/3/14)   (.pdf 624 KB)
NSC Processing Time Report released 4/3/14 with processing dates as of 2/28/14.

4/3/2014 - USCIS Offers Solution for Courier-Delayed FY2015 H-1B Cap Filings (Updated 7pm)  
USCIS has informed AILA Liaison that due to reported courier delivery problems, USCIS will accept second H-1B petitions for FY2015 H-1B petitions in certain limited circumstances. USCIS is continuing to monitor the situation. Watch InfoNet for updates.

4/3/2014 - Your AILA8 for April 3, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

4/3/2014 - CA9 Remands for BIA to Determine Whether California Assault Crime is a CIMT   (.pdf 582 KB)
The en banc court granted the petition for review and remanded for the BIA to determine in the first instance whether California Penal Code §245(a)(1), assault with a deadly weapon other than a firearm, constituted a crime involving moral turpitude (CIMT). (Ceron v. Holder, 3/31/14)

4/3/2014 - CA11 Denies Petition to Review Asylum Denial in Chinese Forced Sterilization Case   (.pdf 587 KB)
The court found petitioners did not show the IJ and BIA erred in determining a 2006 "official document" from the Birth Control Office was unauthenticated and thus did not err in giving it little or no weight when denying the forced sterilization asylum case. (Wu v. U.S. Att’y Gen., 3/18/14)

4/3/2014 - EOIR Comment Request on Immigration Practitioner Complaint Form  
EOIR 60-day comment request on the Immigration Practitioner Complaint Form, used by individuals who wish to file a complaint against an immigration practitioner authorized to appear before the BIA and the immigration courts. Comments will be accepted until 6/2/14. (79 FR 18581, 4/2/14)

4/3/2014 - Video: Join Us for AILA's National Day of Action  
Hear why AILA members from around the country are coming to Washington D.C. for our 2014 National Day of Action. Join us as we call on the House of Representatives to have a vote on immigration reform and work to create a commonsense immigration policy.

4/3/2014 - Reforming Immigration for the 21st Century-2014 NDA   (.pdf 1373 KB)
A four page document for AILA’s 2014 National Day of Action outlining AILA’s priorities and principles for reforming immigration for the 21st Century.

4/3/2014 - A Constructive Way to Dealing with Underperforming Employees  
The Performance Improvement Plan (PIP) is more than a written notice of underperformance, it is a road map for the employee out of a performance problem. Learn how to implement a PIP in this practice success tip.

4/3/2014 - AILA's Recommendations on 2015 Appropriations   (.pdf 550 KB)
AILA’s recommendation on appropriations for fiscal year 2015, with focus on the detention bed quota, the number of detention beds, alternatives to detention and immigration courts.

4/3/2014 - AILA's Recommendations to DHS on Enforcement (Updated 4/3/14)   (.pdf 555 KB)
These are AILA's recommendations for the Department of Homeland Security to consider immediately to protect families and ensure enforcement practices comport with the American values of due process, equal rights, and human dignity.

4/3/2014 - Joint Letter on Employment Eligibility Requirements for Asylees and Refugees   (.pdf 509 KB)
Joint Office of Refugee Resettlement (ORR)/OSC letter on employment eligibility requirements for asylees, refugees and other populations served by ORR, indicating that in most cases, the special humanitarian populations served by ORR have the right to work. Letter supersedes ORR State Letter #01-30.

4/3/2014 - DACA SOP for Form I-821D and Form I-765   (.pdf 4629 KB)
The National Standard Operating Procedures (SOP) for Deferred Action for Childhood Arrivals (DACA) Forms I-821D and I-765, prepared by the Service Center Operations Directorate. Manual is dated April 4, 2013, version 2.0 and was provided to AIC and NILC in response to a FOIA request.

4/3/2014 - Daily Immigration News Clips – April 3, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 3, 2014.

4/3/2014 - BALCA Finds Employee’s Letter Sufficient Evidence of Required Skills   (.pdf 195 KB)
BALCA found that the employee’s letter affirming her knowledge of programming and other skills was sufficient where the audit asked the employer to “provide documentation” without specifying the type of documentation or indicating that the letter must be notarized. (Matter of PARC, 4/2/14)

4/2/2014 - AILA Resources on Earned Legalization (Updated 4/2/14)  
Currently there are an estimated 11 million undocumented immigrants living and working in the United States. In these troubled economic times, lawmakers can no longer ignore the critical—albeit vulnerable—role the undocumented play in our economy.

4/2/2014 - CA9 on INA §241(a)(5)   (.pdf 504 KB)
The court denied the petition, holding that the application to petitioner of the reinstatement statue was not impermissibly retroactive, because he had taken no action to vest any right he may have initially had to renew his application for adjustment of status. (Ortega v. Holder, 3/31/14)

4/2/2014 - AILA Resources on 2014 Immigration Reform (Updated 4/2/14)  
The most important and up to date information and resources on immigration reform in the 113th Congress.

4/2/2014 - Your AILA8 for April 2, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

4/2/2014 - NSC Practice Pointer: Premium Processing for Subsequent I-140s  
NSC Liaison Committee clarifies with NSC that attorneys may request Premium Processing for a subsequent I-140 filing where the necessary original Form ETA-9089 labor certification or a certified duplicate labor certification from the U.S. Department of Labor is currently located at NSC.

4/2/2014 - AILA's Take on Detention   (.pdf 786 KB)
AILA’s take on detention, with a specific focus on ending the detention bed quota, affording due process to those who are detained, and encouraging the greater use of alternatives to detention.

4/2/2014 - Carolinas Chapter – USCIS Charleston Liaison Meeting Minutes (3/25/14)   (.pdf 538 KB)
Carolinas Chapter liaison minutes from meeting with USCIS Charleston on 3/25/14. Topics include: staffing changes, processing times, TPS and DACA reentry and adjustment of status under Matter of Arrabelly and Yerrabelly, fraud investigations, and revised Form N-400.

4/2/2014 - The Myth of Immigration 'Non-Enforcement'   (.pdf 689 KB)
AILA background document detailing how the country has seen a dramatic increase in enforcement under President Obama’s administration. Includes graphs on DHS removals, numbers of individuals in detention, number of ‘no-process’ removals, and federal criminal prosecutions for immigration violations.

4/2/2014 - AILA’s Take on the Detention Bed Quota (Updated 4/2/14)   (.pdf 784 KB)
AILA’s take on the detention bed quota, an arbitrary number of detention beds set by Congress each year during the appropriations process.

4/2/2014 - South Florida Chapter: CBP Liaison Meeting Minutes (2/20/14)   (.pdf 580 KB)
South Florida Chapter’s liaison minutes from a meeting with CBP on 2/20/14. Topics include: I-94 issuance after cruise travel, CBP Border Search Authority in relation to electronic devices, single declarations, deferred inspection and right to counsel, and Automated Passport Control (APC) Kiosks.

4/2/2014 - Preliminary Settlement Agreement in Duran-Gonzales v. DHS  
A U.S. district court granted preliminary approval of a settlement agreement in Duran-Gonzales v. DHS, which challenged DHS’ contention that individuals who were removed or deported are not eligible to apply for adjustment of status under INA §245(i) with an accompanying I-212 waiver.

4/2/2014 - Practice Pointer: Understanding Withholding of Removal (Updated 4/2/14)   (.pdf 873 KB)
Practice pointer on the main conceptual and practical differences between asylum and withholding of removal and how a grant of withholding will affect your client going forward. Special thanks to Cheri Attix and the AILA Asylum and Refugee Liaison Committee.

4/2/2014 - USCIS Receives 2014 Annual Government Customer Satisfaction Award   (.pdf 1000 KB)
USCIS announcement that it was awarded the 2014 Annual Government Customer Satisfaction Award by the Federal Consulting Group of the U.S. Department of Interior. The award recognizes the E-Verify section of the USCIS.gov website and USCIS.gov/español.

4/2/2014 - The Affirmative Asylum Backlog Explained   (.pdf 795 KB)
Practice pointer explaining the affirmative asylum application backlog at USCIS asylum offices, including information on its causes and USCIS efforts to resolve it, as well as practice tips on handling cases affected by the backlog. Special thanks to the AILA Asylum & Refugee Liaison Committee.

4/2/2014 - DOS Chart on Immigrant and Nonimmigrant Visa Ineligibilities for FY2013   (.pdf 197 KB)
DOS chart on immigrant and nonimmigrant visa ineligibilities by grounds of refusal under the INA for FY2013.

4/2/2014 - BIA Holds Florida Drug Trafficking Not an Aggravated Felony  
Unpublished BIA decision holds that "trafficking" of drugs under Fla. Stat. 893.135(1)(c)(1)(c) not an aggravated felony because statute covers simple possession and does not proscribe conduct that is a federal felony (Matter of Rivas, 2/7/14) Special thanks to IRAC.

4/2/2014 - BIA Summarily Affirms Decision Finding Respondent Mentally Competent  
Unpublished BIA decision affirms without opinion IJ decision finding respondent to be sufficiently mentally competent to represent himself under Matter of M-A-M-. (Matter of Castillo, 2/7/14) Special thanks to IRAC.

4/2/2014 - BIA Reverses IJ Denial of Joint Motion to Reopen  
Unpublished BIA decision says respondent’s failure to submit relief application and IJ concerns over timing of marriage not proper basis to deny joint motion to reopen. (Matter of Laurence, 2/7/14) Special thanks to IRAC.

4/2/2014 - Daily Immigration News Clips – April 2, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 2, 2014.

4/2/2014 - DHS Final Rule on Exemption of ICE System of Records from Privacy Act  
DHS final rule amending regulations to exempt portions of the DHS/ICE – 014 Homeland Security Investigations Forensic Laboratory System of Records from certain provisions of the Privacy Act. Final rule is effective 4/2/14. (79 FR 18441, 4/2/14)

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