DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
District Court Allows DOL to Continue Processing Certifications for H-2B Program and USCIS Resumes Premium Processing for H-2B Petitions
"District Court Grants DOL an Extension for H-2B Program
On April 15, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting the U.S. Department of Labor (DOL) to continue issuing temporary labor certifications under the H-2B visa program through May 15, 2015. As a result, DOL will continue to process temporary labor certification applications under its 2008 H-2B regulations through May 15, 2015.
On March 4, the court vacated DOL’s 2008 H-2B regulations on the grounds that DOL lacks authority to issue regulations in the H-2B program. DOL and the Department of Homeland Security (DHS) are working to publish regulations to minimize future interruptions to the H-2B program.
USCIS Resumes Premium Processing for H-2B Petitions
On April 20, 2015, USCIS will resume accepting premium processing requests for Form I-129 H-2B petitions. USCIS had announced a temporary suspension of premium processing for all H-2B petitions on March 9, 2015.
Beginning April 20, 2015, employers will be able to file Form I-907, Request for Premium Processing Service, either:
Together with a Form I-129, Petition for a Nonimmigrant Worker, H-2B cap exempt petition; orSeparately to request premium processing service for a previously filed H-2B petition. Form I-907 allows employers to request faster processing of certain employment-based petitions and applications. The current filing fee for Form I-907 is $1,225." - USCIS, Apr. 17, 2015.
But see: USCIS Reaches H-2B Cap for Fiscal Year 2015