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“ABT Settlement Agreement” For Asylum Applicants

Under the Settlement Agreement in B.H., et al. v. USCIS, et al., No. CV11-2108-RAJ (W.D. Wash.) (also referred to as “ABT Settlement Agreement”), certain individuals who seek to file an asylum application or have already...more

5/21/2013 - Asylum Settlement USCIS

Miss the H-1B Cut? Here are Some Alternatives

As was expected, the H-1B cap of 65,000 was reached within the first week of the filing period. For the many employers that didn’t make the cut, this means waiting until next year to try again. However, because applications...more

5/9/2013

Eleventh Circuit Holds Motions to Reopen Removal Proceedings are Subject to Equitable Tolling

In its recent decision in Avila-Santoyo v. Holder, — F.3d. —, No. 11-14941 (11th Cir. 2013) (en banc), the Eleventh Circuit overturned precedent holding that the 90-day filing requirement for motions to reopen is subject to...more

4/26/2013 - Deadlines Deportation Equitable Tolling Filing Requirements Jurisdiction

USCIS gives only 30 days to Respond to Provisional Unlawful Presence Waiver RFEs

USCIS recently published a policy memorandum decreasing the standard timeframe for Provisional Unlawful Presence Waiver applicants to respond to Requests for Evidence (RFEs)....more

4/5/2013 - Request for Evidence Unlawful Presence Waivers USCIS

USCIS Announces H-1B Cap will be Reached within the First Week

With just over a week and a half before the U.S. Citizenship and Immigration Services (USCIS) begins accepting H-1B petitions for Fiscal Year (FY) 2014, USCIS announced that it anticipates caps will likely be reached within...more

3/21/2013 - H-1B USCIS Visa Caps Visas

U.S. Citizenship and Immigration Services (USCIS) Announces A Newly Revised Form I-9

On March 7, 2013, the USCIS announced that it will be publishing a new Form I-9 revision on March 8, 2013. Employers are required to use the Form I-9 to verify the identity and employment authorization eligibility of their...more

3/8/2013 - Eligibility Hiring & Firing I-9 USCIS

House Passes Violence Against Women Act

As reported earlier this year, the 112th Congress failed to reauthorize the Violence Against Women Act (“VAWA” or “Act”) by the end of its term. Fortunately, the Senate’s expanded version of the Act was passed by the House on...more

3/7/2013 - Domestic Violence VAWA

E-Verify a Success

USCIS has announced results of a recent survey finding that users of E-Verify - the Internet-based system allowing businesses to determine their employees’ employment eligibility in the United States - have given the program...more

3/4/2013 - E-Verify Undocumented Immigrants USCIS

New SEVIS Release will Address Student and Exchange Visitor Visa Overstays

A new version of the Student and Exchange Visitor Information System (SEVIS) is scheduled to release this spring. The Student and Exchange Visitor Program (SEVP), a faction of U.S. Immigration and Customs Enforcement (ICE),...more

2/7/2013 - Department of State DHS ICE SEVIS SEVP Students Visas Visitors

USCIS Issues RFE Templates for Certain Non-Immigrant Extraordinary Ability Categories

United States Citizenship and Immigration Service (USCIS) Requests for Evidence (RFE) can be a source of significant frustration for immigration practitioners and their clients. They sometimes reflect that a) the officer did...more

1/28/2013 - Evidence Non-Immigrant Visas O Visa Petitions Requests for Evidence USCIS Visas

United States and Canada Sign Agreement to Share Immigration Information

The U.S. Department of State announced that the United States and Canada have signed an agreement by which the two countries will share immigration-related information. The U.S.- Canada Visa and Immigration...more

1/12/2013 - Information Sharing US-Canada Visa and Information Sharing Agreement Visas

Handling EB-5 Cases from South Korea

EB-5 cases for South Korean nationals may present very unique issues. Here are some important pointers to consider when handling such cases...more

1/8/2013 - EB-5 USCIS Visas

USCIS Publishes Final Regulation Implementing the Provisional I-601A Unlawful Presence Waiver

On January 2, 2013, the U.S. Citizenship and Immigration Services (USCIS) announced the publication of the final regulation concerning the new provisional unlawful presence waiver process. The new regulation will promote...more

1/2/2013 - Unlawful Presence Waivers USCIS Visas

E-Verify to Become Mandatory in Four Additional States

In what has become a fairly recent trend, four additional states will make use of E-Verify mandatory as of January 1, 2013: Georgia, North Carolina, Pennsylvania, and Tennessee....more

11/1/2012 - E-Verify HHS SSA

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