April 18, 2024

Challenge to Asylum IFR Fails - Arizona v. Garland

Arizona v. Garland "This is a challenge by 19 states to an administrative action of the Executive Branch establishing a new procedure for adjudicating asylum applications under federal immigration law. The new process – set forth in an Interim Final Rule (the “Asylum IFR”) promulgated by the Departments of Justice and Homeland Security (“DOJ” and “DHS,” respectively) –...

April 18, 2024

Citizenship Victory in MN - Moran v. Mayorkas

Moran v. Mayorkas "At the time of Mr. Valadez Moran's birth, it is more likely than not that his mother, Ms. Moran, was a citizen of the United States by virtue of her birth in Elsa, Texas on April 27, 1975. U.S. Const. amend. XIV § 1. It is more likely than not that Ms. Moran was physically in the United States for a period of at least five years (from 1987 to 1992), and that she was older than the age...

April 18, 2024

J-1 MOC - Japan (eff. Apr. 5, 2024)

This document is scheduled to be published in the Federal Register on 04/19/2024 "Notice of a Memorandum of Cooperation (MOC) between the Government of the United States and the Government of Japan and waiver of a regulatory requirement. SUMMARY: In accordance with the requirements of the Exchange Visitor Program regulations, the Assistant Secretary for Educational and Cultural Affairs (ECA), U.S. Department of...

April 17, 2024

Mar. 20, 2024 AILA DOS Liaison Meeting Minutes

Courtesy of AILA; AILA Doc. 24022603 "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 continue the semi-annual engagements with the AILA DOS Liaison Committee. We believe these discussions, and publication of Department responses to issues raised by AILA on Travel...

April 12, 2024

CA6 on Abuse of Discretion: Abdulahad v. Garland

Abdulahad v. Garland "Walid Abdulahad petitions for review of the Board of Immigration Appeals’ (the “Board”) denial of his motion to reopen based on changed country conditions in Iraq. The Board denied the motion to reopen because it found that Abdulahad’s motion evidence was cumulative of evidence submitted with prior motions to reopen, Abdulahad had not established a particularized risk...

April 12, 2024

Employment Authorization for Ethiopian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Armed Conflict and the Current Humanitarian Crisis in Ethiopia: Advance Copy

This document is scheduled to be published in the Federal Register on 04/15/2024 "The Department of Homeland Security is suspending certain regulatory requirements for F-1 nonimmigrant students from Ethiopia who are experiencing severe economic hardship as a direct result of the current armed conflict and the current humanitarian crisis in Ethiopia. The Secretary is providing relief to these students who are in...

April 12, 2024

Extension and Redesignation of Ethiopia for Temporary Protected Status: Advance Copy

This document is scheduled to be published in the Federal Register on 04/15/2024 "Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Ethiopia for Temporary Protected Status (TPS) for 18 months, beginning on June 13, 2024, and ending on December 12, 2025. This extension allows existing TPS beneficiaries to retain...

April 12, 2024

Employment Authorization for Certain Palestinian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Humanitarian Crisis in the Palestinian Territories: Advance Copy

This document is scheduled to be published in the Federal Register on 04/15/2024 "The Department of Homeland Security (DHS) is suspending certain regulatory requirements for certain Palestinian F-1 nonimmigrant students who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in the Palestinian Territories. The Secretary is providing relief to these students who are in...

April 12, 2024

Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Certain Palestinians: Advance Copy

This document is scheduled to be published in the Federal Register on 04/15/2024 "On February 14, 2024, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) determining that it was in the foreign policy interest of the United States to defer for 18 months, the removal of certain Palestinians present in the United States and to provide them with...

April 11, 2024

Last Day to Apply for BIA Opening (Apr. 12, 2024)

Appellate Immigration Judge "This position is in the Board of Immigration Appeals, within the Executive Office for Immigration Review. The incumbent reports to a Deputy Chief Appellate Immigration Judge, who in turn reports to the Chief Appellate Immigration Judge. ... Open & closing dates: 03/13/2024 to 04/12/2024 ... Salary: $156,924 - $204,000 per year"

April 10, 2024

The Proposed Laken Riley Act Is Even Worse Than It Seems

David Isaacson, Apr. 9, 2024 "On March 7, 2024, the Republican-led U.S. House of Representatives passed the “Laken Riley Act”, H.R. 7511 . The bill was named after a murder victim from Georgia, whose “alleged murderer”, as the bill describes him, had been paroled into the United States from Venezuela and had previously been arrested for driving a scooter without a license (with a child who...

April 10, 2024

EB-5 Regional Center Audit News (Apr. 9, 2024)

USCIS, Apr. 9, 2024 "Under the new provisions of section 203(b)(5)(E)(vii) added by the EB-5 Reform and Integrity Act of 2022 (RIA) to the Immigration and Nationality Act, we must audit each designated regional center at least once every five years. This audit will include a review of any documentation required to be maintained by the regional center and a review of the flow of immigrant investor capital into any...

April 10, 2024

USCIS Adopts DOL Definition of "Science or Art" for Sched. A, Group II Cases

USCIS, Apr. 10, 2024 "U.S. Citizenship and Immigration Services is issuing policy guidance (PDF, 321.14 KB) in the USCIS Policy Manual to add the U.S. Department of Labor (DOL) definition of “science or art” for Schedule A, Group II cases. For many employment-based 2nd and 3rd preference (EB-2 and EB-3) petitions, employers must obtain a labor certification from DOL before filing Form I-140, Immigrant...

April 09, 2024

Visa Bulletin for May 2024

Visa Bulletin for May 2024

April 07, 2024

APA Victory in Chicago: Bristow v. Mayorkas

Bristow v. Mayorkas "Plaintiff Mark Bristow, a United States citizen, has filed a Form I-130 petition for an immigrant visa on behalf of his husband, Plaintiff Felixberto Tinga Villamil II. Form I-130 is intended to help relatives and spouses of American citizens obtain an immigrant visa to lawfully remain in the United States. The United States Citizenship and Immigration Services (“USCIS” or “Defendant”...

April 04, 2024

Latest Flores (Judge Gee) Order, Apr. 3, 2024

Flores v. Garland, Apr. 3, 2024

April 04, 2024

CA2 Remand, Age Out, Agency Delay: Cruz v. Garland

Cruz v. Garland (unpub.) "We ... remand for the BIA to consider in the first instance whether the delays in this case were undue and attributable to the agency, and if the BIA finds that they were, for the BIA to address the IJ’s reasons for finding Cruz ineligible for cancellation." [Hats off to Farid Ahmed !]

April 04, 2024

USCIS Increases Automatic Extension of Certain Employment Authorization Documents to Improve Access to Work Permits

USCIS, Apr. 4, 2024 "Building on extensive modernization efforts that have streamlined and improved access to work permits for eligible noncitizens, USCIS today announced a temporary final rule (TFR) to increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days. This announcement follows improvements that have reduced processing times for...

April 03, 2024

Securitas Settles I-9 Beef for $175K

DOJ, Apr. 2, 2024 "The Justice Department announced today that it has secured a settlement agreement with Securitas Security Services USA Inc. (Securitas), a protective services company with locations throughout the United States. The agreement resolves the department’s determination that certain Securitas locations violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizens...

April 01, 2024

Wilkinson v. Garland: Implications for Judicial Review of Petitions for Review (Practice Advisory)

NILA, Mar. 28, 2024 "On March 19, 2024, the Supreme Court issued its opinion in Wilkinson v. Garland, No. 22-666, 601 U.S. __, 2024 WL 1160995 (2024). The decision holds that the application of the statutory hardship standard for cancellation of removal, found in 8 U.S.C. § 1229b(b)(1)(D), to established facts presents a mixed question of law and fact which a federal court of appeals has jurisdiction to review...

April 01, 2024

Frequently Asked Questions on the USCIS Fee Rule

USCIS, Apr. 1, 2024 "On Jan. 31, 2024, USCIS published a final rule that, for the first time since 2016, adjusts certain immigration and naturalization benefit request fees. With the final rule, we can recover our operating costs more fully and support timely processing of new applications. Unlike many other federal agencies, we are almost entirely fee funded. About 96% of our funding is from filing fees, and only...

April 01, 2024

USCIS Provides Third Gender Option on Form N-400

USCIS, Apr. 1, 2024 "We have revised Form N-400, Application for Naturalization, to provide a third gender option, “X,” defined as “Another Gender Identity.” We are also updating guidance in the USCIS Policy Manual accordingly to account for this form revision and other forthcoming form revisions that will add a third gender option; see the Policy Alert (PDF, 344.77 KB) . The 04/01/24 edition...

April 01, 2024

USCIS Revises Policy Manual to Align with New Fee Rule

USCIS, April 1, 2024 "We are revising our guidance (PDF, 364.37 KB) in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule published in the Federal Register on Jan. 31, 2024, and effective on April 1, 2024. Revisions to the policy manual apply to all applications and petitions postmarked on or after April 1. We will use the postmark...

April 01, 2024

BIA Expands to 28 Members (Final Rule, Advance Copy)

This document is scheduled to be published in the Federal Register on 04/02/2024 "On April 1, 2020, the Department of Justice (“the Department” or “DOJ”) published an interim final rule (“IFR”) with request for comments that amended its regulations relating to the organization of the Board of Immigration Appeals (“Board”) by adding two Board member positions, thereby...

March 29, 2024

CA1 on Mixed Motive: Khalil v. Garland

Khalil v. Garland "We grant the petition for review in part, vacate the decision of the BIA as to Khalil's asylum claim premised on mixed-motive persecution and as to his CAT claim, and remand for further proceedings consistent with this opinion." [Hats off to Saher J. Macarius, Audrey Botros, Julian Bava, Adriana Lafaille, Sabrineh Ardalan and Tiffany Lieu!]