Practice Resources
USCIS has recently experienced numerous issues related to FY2025 H-1B cap-subject petition filings. USCIS indicated today that the issues have been resolved and that deadline for online filing will remain June 30.
Practice Resources
USCIS informed AILA that the issue related to the inability to process payment and submit H-1B cap-subject cases was resolved. USCIS has begun to individually respond to all reports received since June 26.
Agency Memos & Announcements
DOS provided an update after the U.S. Court of Appeals for the District of Columbia Circuit reversed a district court decision, stating that, "Accordingly, the State Department will not process DV cases associated with the above district court decisions from the DV-2020 or DV-2021 program years."
AILA Announcements
AILA members who share common interests and backgrounds can network and engage in discussions through AILA’s interest groups. These informal affiliations cover a wide range of backgrounds, identities, professions, and interests. AILA recently added three new interest groups. Check out the full list!
6/28/24
AILA Public Statements, Press Releases
AILA ED Ben Johnson welcomed news that the Biden Administration will redesignate and extend TPS for Haitian nationals and offer hardship work authorization for Haitian students, stating, “This is exactly what U.S. leadership should look like when confronting a humanitarian crisis of this magnitude.”
Practice Resources
On June 28, 2024, the Supreme Court issued its decision that overruled a fundamental precedent of administrative law, Chevron v. Natural Resources Defense Council. The AILA Benefits Litigation Committee provides this practice alert that discusses the decision and its implications.
6/28/24
AILA Doc. No. 24062808.
Practice Resources
AILA’s EOIR National Committee provides a practice alert on EOIR's "Notice of Failure to Prosecute" to ensure attorneys are aware of how EOIR is handling Respondents who appear in immigration court on the date and time listed on an NTA that DHS has failed to file with the Immigration Court.
AILA Public Statements, Press Releases
AILA President Kelli Stump responded to today’s SCOTUS ruling overturning the “Chevron” doctrine, noting that while “the Loper Bright and Relentless cases had nothing to do with immigration law” the decision “will have a significant impact on many immigration adjudications.”
6/28/24
AILA Doc. No. 24062804.
Examples & Questions
AILA seeks examples of ICE's failure to request expedites according to current guidance related to VAWA, U, and T applications for detained individuals and those with final removal orders.
Cases & Decisions, Federal Court Cases
The Supreme Court overruled Chevron v. Natural Resource Defense Council, finding that courts may not defer to an agency interpretation of the law simply because a statute is ambiguous. (Loper Bright Enterprises, et al. v. Raimondo, 6/28/24)
6/28/24
AILA Doc. No. 24062802.
Cases & Decisions, Federal Court Cases
This issue-specific page lists published asylum cases that relate to serious nonpolitical crimes. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
6/28/24
AILA Doc. No. 13010152.
Asylum
Cases & Decisions, Federal Court Cases
This issue-specific page lists published asylum cases that relate to deferral of removal under CAT. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
6/28/24
AILA Doc. No. 13010141.
Asylum
Cases & Decisions, Federal Court Cases
This issue-specific page lists published asylum cases that relate to motions to reopen. The page includes published federal court and BIA cases from 2009 to the present. Special thanks to AILA member R. Mark Frey.
6/28/24
AILA Doc. No. 13010145.
Asylum
Cases & Decisions, Federal Court Cases
This issue-specific page lists published asylum cases on past persecution. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
6/28/24
AILA Doc. No. 20040333.
Asylum
Cases & Decisions, Federal Court Cases
This issue-specific page lists miscellaneous published asylum cases by topic. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
6/28/24
AILA Doc. No. 13010144.
Asylum
Cases & Decisions, Federal Court Cases
This issue-specific page lists published asylum cases that relate to social groups. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
6/28/24
AILA Doc. No. 13010150.
Asylum
Agency Memos & Announcements
USCIS issued a policy alert addressing adjustment of status based on the Diversity Immigrant Visa (DV). This update is part of an initiative to move existing policy guidance from the AFM and policy memoranda into the Policy Manual. This update does not change existing policy or create new policy.
Litigation Resources, Sample Briefs
AILA members Shabnam Lotfi and Veronica Sustic successfully sued DOS over the waiver process created under the third iteration of the Muslim Ban. A district court required DOS to accept new visa and waiver applications for more than 25,000 visa applicants. Congratulations Shabnam and Veronica.
Examples & Questions
As the FY2025 H-1B cap filing deadline approaches, AILA seeks examples of erroneously rejected applications as of June 1, 2024. The call for examples will remain open until further notice, however, examples are urgently needed by June 28, 2024.
FR Regulations & Notices
Advance copy of ICE's notice of employment authorization for Haitian F-1 nonimmigrant students experiencing severe economic hardship as a direct result of the current crisis in Haiti. Will be published in the Federal Register on July 1, 2024.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on June 28, 2024.
6/28/24
Agency Memos & Announcements
USCIS announced three Tech Talk sessions to address questions about its online accounts on June 4, July 2, and August 6. Registration is not required for these sessions.
FR Regulations & Notices
Advance copy of the DHS notice of the extension and redesignation of Haiti for Temporary Protected Status (TPS) for 18 months, beginning on August 4, 2024, and ending on February 3, 2026. Will be published in the Federal Register on July 1, 2024.
Professional Resources
Many immigration lawyers are chronically sleep deprived, whether from stress, workload, or other factors. If this describes you, protect your good ethics record and foster personal well-being by reading this quick article on sleep debt and making changes to get valuable sleep.
Agency Memos & Announcements
USCIS invites stakeholders to participate in an engagement taking place on August 15. The deadline for questions is Monday, July 8.
Practice Resources
The AILA DOL Committee provides a practice pointer to remind members that new prevailing wages will take effect and the FLC Data Center will sunset on July 1, 2024, and to explain how this will impact pending LCA and prevailing wage determination applications.
Client Flyers
AILA provides a client flyer on President Biden's June 18, 2024, announcements to help certain undocumented individuals in the United States. There are English and Spanish versions of a generic PDF and a customizable Word version. Please share widely with your networks.
Federal Agencies, Agency Memos & Announcements
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on June 27, 2024.
6/27/24
Professional Resources
When a lawyer leaves a firm, both the attorney and authorized representatives of the firm must be aware of the ethical considerations that exist. The attorneys should work together to ensure the client’s interests are protected. Learn more about the ethics of leaving in this article.
6/27/24
AILA Doc. No. 21061638.
Ethics
Memo & Regulatory Comments
AILA submitted a comment in connection with the proposed revision of a currently approved information collection on Form I-134, Declaration of Financial Support, published in the Federal Register on April 16, 2024.
6/27/24
AILA Doc. No. 24062701.
FR Regulations & Notices
DHHS issued a correction to the Unaccompanied Children Program Foundational Rule issued on April 30, 2024, addressing technical errors. (89 FR 53359, 6/26/24)
AILA Blog
As part of our “One Thing” series, John Manley explains that the one thing he wished people understood about immigration is that because our immigration laws were last revised more than a generation ago, the proverbial wait to reunite with family can be longer than a human lifetime.
Cases & Decisions, Federal Court Cases
The D.C. Circuit held that the district courts that ordered DOS to continue processing applications and issuing diversity visas (DVs) for FY2020 and FY2021 after the statutory deadlines for doing so had passed lacked authority to order such relief. (Goodluck, et al. v. Biden, et al., 6/25/24)
Liaison Minutes
The DOL Committee provides key takeaways from the DOL Open Forum Panel held during the AILA Annual Conference on June 13, 2024.
Agency Memos & Announcements
USCIS issued a reminder that it is important to inform the agency of any significant changes that may occur during an adoption process in a timely manner to avoid delays or negative effects on the adoption.
6/26/24
AILA Doc. No. 24062610.
Adoption
Agency Memos & Announcements
USAID provides resources on the Temporary Work Abroad Program (PTTE), an initiative to provide assistance to Honduran and Guatemalan citizens living in the national territory who are interested in working abroad on a regular and temporary basis.
6/26/24
AILA Doc. No. 24062609.
Featured Issues
AILA calls on Congress to significantly reduce and phase out the use of immigration detention for enforcement purposes, including custodial family detention. Learn more about this issue and how you can join the effort.
Agency Memos & Announcements, Featured Issues
Use this page to find information on the June 18, 2024, announcements regarding a new process for certain noncitizen spouses of U.S. citizens to apply for lawful permanent residence without having to leave the United States and to help certain college graduates more quickly receive work visas.
Cases & Decisions, Federal Court Cases
The Federal Circuit reversed the dismissal of the complaint, concluding that the Claims Court had jurisdiction pursuant to the Tucker Act over plaintiff’s allegation of a breach of contract and a breach of the implied covenant of good faith and fair dealing. (Ravi v. United States, 6/25/24)
Agency Memos & Announcements
DOL released an updated Appendix A of O*NET, which implements the new list of professional occupations for the July 2024 through June 2025 wage year and will be effective starting July 1, 2024.
Agency Memos & Announcements
USCIS announced the extension of the grace periods for the acceptance of previous editions of Form I-914, Application for T Nonimmigrant Status; Form I-914, Supplement A; Form I-914, Supplement B; and Form I-918, Supplement B.
Featured Issues
Use this page to learn more about DHS announce that noncitizen workers who are victims of, or witnesses to, the violation of labor rights, can now access a streamlined and expedited deferred action request process.
AILA Public Statements, Press Releases
AILA, JAC, and ILL respond to the U.S. Court of Appeals for the District of Columbia’s reversal of the lower court’s order in Gomez v. Biden (first known as Gomez v. Trump). Class counsel is evaluating possible next steps and will be in touch with class members shortly.
Practice Resources
The Presidents' Alliance on Higher Education and Immigration, along with TheDream.US and Cornell Law School provides an explainer on what are D-3 waivers, why they are needed, and why the Biden Administration’s action to provide clarifying guidance for D-3 waivers is significant.
Practice Resources
USCIS provides clarification on the filing deadline for FY2025 cap-subject H-1B petitions, including paper-filed and online-filed cases.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on June 26, 2024.
6/26/24
Practice Resources
ICE announced on June 10 that they are closing the South Texas Family Residential Center in Dilley, Texas. AILA members can direct requests for release or parole to snalegalaccess-dilley@ice.dhs.gov. For most cases, ICE will consider release to a sponsor, family member, or NGO.
Agency Memos & Announcements
USCIS expanded its self-service tool allowing applicants, petitioners, their attorneys, and accredited representatives to reschedule most biometric services appointments before the date of the appointment for Form I-600, Form I-600A, Form I-800, and Form I-800A.
6/26/24
AILA Doc. No. 24062600.
Adoption
Agency Memos & Announcements
DOL issued a reminder with filing tips that the three-day filing window to submit an H-2B Application requesting a work start date of October 1, 2024, will open on July 3, 2024, at 12:00 am (ET), and close on July 5, 2024, at 11:59 pm (ET).