LexisNexis® Legal Newsroom
DOL Refuses to Budge on Delayed Prevailing Wage Determinations

"Yesterday, in a stakeholders meeting, U.S. Department of Labor Certifying Officer Bill Carlson indicated that DOL would deny all PERM applications filed late because of delayed Prevailing Wage Determinations, and also those filed without a determination. Dr. Carlson seemed oblivious to...

BALCA on H-2B PWD delays: Matter of Gulf Coast Crawfishing Supply

"[I]t is clear that the Employer in this case made every effort to comply with Section 655.10(a)(2), but was simply unable to comply with the regulation and file its application in time for its season as a result of the NPWC’s delay in issuing the PWD. ... Employer’s noncompliance with...

BALCA: Employer non-compliance 'justifiable and excusable' in H-2B PWD snafu

"In this case, the NPWC took 74 days to issue the Employer’s PWD in violation of the time limits imposed by Section 655.10(b)(6). ... I find that the Employer’s noncompliance with Section 655.10(a)(2) was justifiable and excusable. The Employer waited more than 30 days after submitting...

BIA: Temporary Grace Period for Weather-related Filing Delays

Cite as "AILA InfoNet Doc. No. 12070663 (posted Jul. 6, 2012)" - "The Board of Immigration Appeals was closed July 2-3, 2012, due to extreme weather conditions in the Washington, DC, area. On this occasion, the Board will apply a temporary "grace period" for the following...

Incoming Workload Crushes USCIS Online Case Status Service

If you check your recently-filed USCIS petition or application online, you will see this message in red: " Expect a 30-45-day delay between when your application or petition is filed and when your information is available in Case Status Online, depending on the volume of applications USCIS receives...

Advance Copy of DOL NPRM: Proposed Delay of Effective Date of 2011 H-2B Wage Rule

"The Department of Labor (Department) is proposing to delay indefinitely the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (2011 Wage Rule), in order to comply with recurrent legislation that prohibits the Department from using any funds...

DOL H-2B Wage Rule; Proposed Indefinite Delay of Effective Date

"The Department of Labor (Department) is proposing to delay indefinitely the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H–2B Program final rule (2011 Wage Rule), in order to comply with recurrent legislation that prohibits the Department from using...

I-485 Mandamus Victory in Detroit: Labaneya v. USCIS

"In this case, Mr. Baytiyeh's I-485 application for Adjustment of Status has been pending for more than four years. The only explanation for the four-year delay provided by Defendants is that offered in the Declaration of Jovana Gjelaj, a Senior Immigration Services Officer stationed in the...

Given I-130 Delays, Is the K-3 Visa a Good Work-Around?

"The Form I-130 petition is used to sponsor a spouse, minor child or parent of a US citizen who is outside the US. In the recent past, such an I-130 petition filed with the United States Immigration and Citizenship Services on behalf of an immediate relative got approved in about 3-4 months. The...

USCIS: Important Information on Form I-129 H-1B, H-2A, and H-2B Petitions

"If an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government shutdown as an extraordinary circumstance and excuse the...

Suing CBP Over FOIA Delays

When CBP holds up your FOIA request for over a year, what do you do? Stacy Tolchin just sues 'em !

Detained Asylum Seekers Sue DHS to End Long Waits for 'Reasonable Fear' Interviews

"ACLU Foundation of Southern California, ACLU of Northern California, and the National Immigrant Justice Center (NIJC), along with the international law firm Reed Smith LLP, today filed a class action lawsuit in the Northern District of California on behalf of thousands of immigrants fleeing persecution...

White House Delays Deportation Policy Changes

"President Barack Obama has asked his Homeland Security chief to hold off on completing a review of U.S. deportation policies until the end of the summer, senior White House officials said Tuesday, in a move aimed at salvaging any hopes for Congress to act on immigration this year." - AP, May...

Couple Sues USCIS Over 4-Year Visa Petition Delay: Ladhani v. Johnson

"A Pakistani couple sued U.S. Citizenship and Immigration Services in Illinois federal court Tuesday seeking to force the agency to act on their petition for lawful permanent resident status, which they say has been held up without explanation since a USCIS agent interviewed the couple in 2011....

Nationwide Class Action Lawsuit Filed Over Work Permit Delays: NWIRP v. USCIS

"Plaintiffs challenge Defendants’ policies and practices of unlawfully delaying adjudication of applications for employment authorization and refusing to issue interim employment authorization. ... Individual Plaintiffs seek to represent the following nationwide class: Noncitizens who have...

Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed

"Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) for unlawfully delaying the adjudication of their applications for employment authorization...