OFLC, May 26, 2023 1. OFLC announces case submission for the Form ETA 9089 for PERM in FLAG on June 1, 2023 OFLC previously announced a delay to the date on which it will transition PERM submission...
This document is scheduled to be published in the Federal Register on 05/26/2023 "The Department of State (the Department) is delaying the effective date of a final rule that appeared in the Federal...
ICE, May 2, 2023 "In February 2023, the U.S. Department of State (DOS) provided updated guidance that consular officers can now issue an F or M student visa up to 365 days in advance of an international...
Cyrus D. Mehta & Jessica Paszko, May 23, 2023 "Just a couple of months ago we considered the options available to terminated H-1B workers who want to become entrepreneurs . Since then, layoffs...
State Department, May 19, 2023 "The Department of State is processing visas more efficiently than ever while upholding our national security responsibilities. We are continuously reducing the time...
"This is a petition for review of a Board of Immigration Appeals (BIA) determination that petitioner Fredy Villanueva is ineligible for consideration for discretionary relief from removal under a special program. The BIA's result depends on an analytical error, and petitioner is eligible for consideration. We remand so that petitioner may be considered for discretionary relief. ...
The modified categorical approach cannot resolve this case because it is not established from the record of conviction under which prong of the statute Villanueva was convicted. Accordingly, given that the entirety of the Connecticut statute does not qualify as a "crime of violence," we cannot conclude that Villanueva was convicted of a crime of violence. ...
In short, the plea colloquy does not establish that Villanueva admitted to an intentional assault under subsection (1) of the Connecticut statute, and so the BIA erred in concluding that he was convicted under that subsection. ... Because the parties agree that third-degree assault, as defined by Connecticut law, is not categorically a crime of violence, see Leocal, 543 U.S. at 9; Fish, 758 F.3d at 9-10 & n.4, we hold that Villanueva's conviction does not render him ineligible for TPS. Accordingly, we vacate the BIA's decision and remand this case to the agency so it may determine whether Villanueva warrants TPS relief as a matter of discretion." - Villanueva v. Holder, Apr. 24, 2015. [Hats off to Eduardo Masferrer!]