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...
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...
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...
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...
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...
Lin v. Garland
"The question before us is whether the BIA’s determinations are supported by substantial evidence. As will be explained below, the BIA’s rationale does not allow us to make that determination. So we grant Lin’s petition and remand for further proceedings. ... It is difficult to imagine that a reasonable person in Lin’s position, under the circumstances demonstrated in the record, would feel safe returning home. The determination that Lin failed to show a reasonable likelihood of individualized persecution in China is contravened by the record and compels us to conclude otherwise. ... [H]ere, where we are left with no indication that the BIA undertook the appropriate inquiry and significant indications that it likely did not, remand for full consideration is proper."
[Hats off to Henry Zhang!]