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November 01, 2024

November 2024 PERM Tip #1: The DOL Address That Must Be Given In The Notice Of Filing (NOF) Changed In 2021

November 2024 PERM Tip #1: Reminder: The DOL Address that must be given in the Notice of Filing (NOF) changed in 2021 BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping the Future of PERM.” Questions or comments may be sent to Ron at ron.wada@tandslaw.com...

November 01, 2024

OFLC: Legacy PERM Online System Sunset Notice

OFLC, Nov. 1, 2024 "The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders the legacy Permanent Online System, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on December 1, 2024. As part of the Department's technology modernization initiative...

November 01, 2024

BIA (2-1) on CIMT: Matter of Khan

Matter of Khan, 28 I&N Dec. 850 (BIA 2024) Interim Decision #4081, Nov. 1, 2024 (1) When the government must prove the elements of a sentencing enhancement beyond a reasonable doubt, those additional elements are combined with the elements of the underlying criminal statute and all the elements are then considered together as one compound crime. (2) The respondent’s compound conviction under section 191...

October 31, 2024

CA2, En Banc, on Ineffective Assistance: Farhane v. US

Farhane v. US "Over a decade ago, the Supreme Court ruled that the Sixth Amendment requires criminal defense counsel to advise her client whether a guilty plea carries a risk of deportation. Today we hold that the Sixth Amendment entitles a naturalized U.S. citizen facing the risk of deportation following denaturalization to no less protection than a noncitizen facing the risk of deportation. A risk of denaturalization...

October 30, 2024

OFLC Announces Annual Determination of H-2A Labor Supply States for U.S. Worker Recruitment

OFLC, Oct. 29, 2024 "Pursuant to 20 CFR 655.154(d), the Office of Foreign Labor Certification (OFLC) Administrator announces the annual determination of labor supply states (LSS). LSS are additional states in which an employer’s job order will be circulated and, if appropriate, where additional recruitment may be required. On June 14, 2024, consistent with 20 CFR 655.154, the OFLC Administrator solicited...

October 29, 2024

State Department’s Interpretation of Matter of Arrabally and Yerrabelly at Odds with BIA’s

Cyrus D. Mehta, Kaitlyn Box, Oct. 29, 2024 "In a previous blog , we analyzed Matter of Arrabally and Yerrabelly , 25 I&N Dec. 771 (BIA 2012), a seminal Board of Immigration Appeals case which held that a departure under advance parole does not trigger the 10 year bar provision under § 212(a)(9)(B)(i)(I). The BIA reasoned that travel under a grant of advance parole is different from a regular departure...

October 25, 2024

Notice of Approval of New Credentialing Organization for Healthcare Workers for Certain Immigration Purposes

Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 "The Department of Homeland Security (DHS or the Department), U.S. Citizenship and Immigration Services (USCIS) is issuing this document to inform the public of the approval of a new credentialing organization for certain health care workers for certain immigration purposes. DATES: USCIS approved the application from International Education Evaluations...

October 25, 2024

Major CA5 Victory: Francois v. Garland

Francois v. Garland "Petitioner Alex Francois appeals the Board of Immigration Appeals (BIA)’s decision dismissing his appeal of the Immigration Judge (IJ)’s order denying withholding of removal and protection under the Convention Against Torture (CAT). Because the BIA also dismissed Francois’s motion to reconsider, he further petitions for review of the BIA’s denial of his motion to reconsider...

October 23, 2024

CA9 on Nexus: Corpeno-Romero v. Garland

Corpeno-Romero v. Garland "Candelaria De Los Angeles Corpeno-Romero and her child Javi Alexander Cornejo-Corpeno (“Petitioners”) seek review of a decision of the Board of Immigration Appeals (“BIA”) ordering them removed to El Salvador. The BIA affirmed the immigration judge’s (“IJ”) denial of Petitioners’ applications for asylum, withholding of removal, and protection...

October 23, 2024

CA 9 on Metering: Al Otro Lado v. Mayorkas

Al Otro Lado v. Mayorkas "In 2016, Customs and Border Protection adopted a policy of “metering” asylum seekers at ports of entry along the border between Mexico and the United States. Under that policy, whenever border officials deemed a port of entry to be at capacity, they turned away all people lacking valid travel documents. Many of those people intended to seek asylum in the United States but were...

October 23, 2024

USCIS Updates Policy Manual Guidance for T Visa

USCIS, Oct. 23, 2024 "We are revising our guidance in the USCIS Policy Manual to align with the Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status Final Rule . This rule was published in the Federal Register on April 30, 2024. T nonimmigrant status , also called a T visa, allows certain victims of human trafficking to stay in the United States...

October 19, 2024

October 2024 PERM Tip #2: BALCA Sets Limits on the DOL Certifying Officer’s Authority

BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping the Future of PERM.” Questions or comments may be sent to Ron at ron.wada@tandslaw.com. The DOL Certifying Officer does not have unfettered authority to deny PERM applications, and over the years BALCA has...

October 17, 2024

CA9 on Exceptional Circumstances: Montejo-Gonzalez v. Garland

Montejo-Gonzalez v. Garland (2-1) "On their way to an initial hearing before an immigration judge (“IJ”) in Seattle, Washington, Claudia Elena Montejo-Gonzalez and her two minor children (“petitioners”) encountered two major car accidents and were late for the hearing. The IJ ordered them removed in absentia. Petitioners promptly moved to reopen, explaining that exceptional circumstances...

October 17, 2024

WEBINAR: Defending Children and Overcoming Burnout in a Harmful Immigration System (Oct. 17, 2024)

Acacia Center for Justice "Join us today, Thursday, October 17, 2024 at 3:00-4:30 pm ET for a webinar on how legal service providers can overcome burnout. We will explore strategies that policymakers, immigration legal defense organizations, and the funders that support them can implement to meet these challenges and build and sustain the capacity in the field. You can register HERE , or at this link: https://tinyurl...

October 16, 2024

New COA for Military Parole in Place (MIL)

USCIS, Oct. 15, 2024 "DHS recently issued a new class of admission (COA) of Military Parole in Place (MIL) to better reflect parole granted under a longstanding process for certain U.S. military service members and their families. Previously, these individuals were issued a general parole COA of Public Interest Parolee (CP). This announcement provides information to SAVE user agencies about documentation and...

October 16, 2024

Alan Lee on CSPA

Attorney Alan Lee has thoughts: SHIFTING DATES OF AGE BEING FROZEN AND REFROZEN UNDER THE CSPA AND THE CONSEQUENCES, PART 1 SHIFTING DATES OF AGE BEING FROZEN AND REFROZEN UNDER THE CSPA AND THE CONSEQUENCES, PART 2

October 16, 2024

OFLC Hurricane Milton Guidance

OFLC, Oct. 16, 2024 "U.S. Department of Labor Employment and Training Administration OFFICE OF FOREIGN LABOR CERTIFICATION Major Disaster Hurricane Milton Impacted Areas Frequently Asked Questions October 16, 2024"

October 15, 2024

Transcript and Audio of Bouarfa v. Mayorkas Oral Argument

Supreme Court, Oct. 15, 2024 Transcript here . Audio here . Case documents here .

October 15, 2024

Department of State/AILA Liaison Committee Meeting October 10, 2024

DOS, Oct. 11, 2024 "The Department of State’s Office of the Assistant Legal Adviser for Consular Affairs (L/CA), in coordination with the Visa Office in the Bureau of Consular Affairs, appreciates the opportunity to discuss issues of concern to the American Immigration Lawyers Association (AILA). We believe these discussions, and publication of Department responses to issues raised by AILA on Travel.State...

October 11, 2024

Samma Amicus Brief (Oct. 9, 2024)

BRIEF OF AMICI CURIAE AMERICAN IMMIGRATION COUNCIL, THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION, AND MARGARET STOCK IN SUPPORT OF PLAINTIFFS-APPELLEES AND OF AFFIRMANCE - filed Oct. 9, 2024 "Amici submit this brief to emphasize the lengthy and well-established legislative and practical history of immediate naturalization eligibility to those noncitizens who make the sacrifice of serving in the United States military...

October 11, 2024

Visa Bulletin for November 2025

Visa Bulletin for November 2025 See Notes D & E: D. EMPLOYMENT FOURTH PREFERENCE RELIGIOUS WORKERS (SR) CATEGORY EXTENDED H.R. 9747, signed on September 26, 2024, extended the Employment Fourth Preference Certain Religious Workers (SR) category until December 20, 2024. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 19, 2024. Visas issued prior...

October 10, 2024

Audio of CA5 Oral Argument: Texas v. USA (DACA, Oct. 10, 2024)

CA5, Oct. 10, 2024, MP3 recording 23-40653 10/10/2024 State of Texas v. USA Brian Boynton- Jeremy M. Feigenbaum- Joseph N. Mazzara- Nina Perales-

October 10, 2024

International Entrepreneur Parole Threshold Adjustments

USCIS, Oct. 10, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reflect the recently published final rule to codify the automatic adjustment of the investment, award, grant, and revenue thresholds for international entrepreneur parole. The guidance also clarifies the process for submitting biometrics for applicants who reside outside the United States...

October 08, 2024

OFLC Disaster News (Vermont, Hurricane Helene)

Major Disaster Vermont Severe Storms, Flooding, Landslides, and Mudslides Impacted Areas Frequently Asked Questions September 30, 2024 Major Disaster Hurricane Helene Impacted Areas Frequently Asked Questions September 30, 2024

October 08, 2024

CA9 on Asylum, Mexico, Evidence, Nexus: Meza Diaz v. Garland

Meza Diaz v. Garland "Petitioner Briseyda Meza Diaz (“Meza Diaz”) and her minor daughter, Gabriela Segundo Meza (“GSM”), fled Mexico after suffering a home invasion by hooded, armed men who held a weapon to Meza Diaz’s head, told her that she was going to die, and then beat her unconscious. The home invasion followed years of death threats received by Meza Diaz after her brother was...