USCIS, Sept. 27, 2023 "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding maximum validity periods for Employment Authorization Documents...
This document is scheduled to be published in the Federal Register on 09/29/2023 "Eligible citizens, nationals, and passport holders from designated Visa Waiver Program countries may apply for admission...
Pesikan v. Atty. Gen. "Petitioner Srecko Pesikan argues that the Board of Immigration Appeals (“BIA”) erred in concluding that his 2018 Pennsylvania conviction for driving under the...
USCIS, Sept. 25, 2023 "U.S. Citizenship and Immigration Services (USCIS) today announced that it is exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant...
[What cities? How many?] EOIR, Sept. 25, 2023 Salary: $149,644 - $195,000 per year Travel: 50% or less - You may be expected to travel for this position Application Deadline: Friday, October...
Matter of Lenora Systems
"These cases involve application of the “Mailbox Rule” and just when an email is deemed to have been received. ... In denying the Applications based on the Employer’s failure to respond to the audit notification letters, the CO invokes the Mailbox Rule and applies it to email correspondence. We agree that the Mailbox Rule may be applied to email. ... Accordingly, while the CO has invoked the Mailbox Rule’s presumption of receipt, it is a weak presumption under the facts of these cases that we find rebutted not only by the Employer’s statements denying receipt, but also by the circumstantial evidence of the Employer’s lack of a motive to fail to respond to the audit notification letters and prompt response to the denial letters. We believe it unlikely that the Employer would have completely failed to respond to an audit notification if it had been received. DGN Technologies Inc., 2012-PER-01208 (Mar. 20, 2013) (citing Santana Gonzalez, 506 F.3d at 278, for the proposition that circumstantial evidence, such as lack of motive to fail to respond to government instruction, may support rebuttal of the presumption of delivery). We, therefore, find that the Employer has rebutted the presumption of having received the audit notification letters. We emphasize, however, that this Decision and Order remands these cases on procedural grounds for continued processing. We take no position and express no opinion on the merits of the Employer’s Applications. ORDER Based on the foregoing, IT IS HEREBY ORDERED that the Certifying Officer’s denials of labor certification in the above-captioned matters are VACATED and these matters are REMANDED to the Atlanta National Processing Center, Office of Foreign Labor Certification, for continued processing."