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Will a U.K. “Caution” Affect My U.S. Immigration Application?

A “caution” is a criminal disposition in the United Kingdom that may be issued to an offender by the police as an expeditious way of dealing with minor offenses that do not require court intervention....more

12/23/2014 - Customs and Border Protection Foreign Nationals Immigration Procedures UK Visas

I-9 Verification Updates from AILA-DHS Liaison Meeting

On November 6, 2014, the American Immigration Lawyers Association (AILA) Verification and Documentation Liaison Committee met with USCIS Verification Division and ICE Homeland Security Investigations (HSI) in Washington, D.C....more

12/18/2014 - DHS E-Verify Employer Liability Issues I-9 ICE USCIS

New Administrative Law Judge Joins OCAHO

On December 5, 2014, the Executive Office for Immigration Review (EOIR) announced the appointment of Stacy Stiffel Paddack as an Administrative Law Judge (ALJ) at the Office of the Chief Administrative Hearing Officer...more

12/9/2014 - Administrative Appointments ALJ OCAHO

Why is My I-94 Expiration Date Different from My Form I-797 or Visa?

Form I-94 is the Department of Homeland Security (DHS) Arrival/Departure Record issued by the U.S. Customs and Border Protection (CBP) to foreign nationals admitted to the U.S. Form I-94 designates the duration of authorized...more

12/3/2014 - B-1 Customs and Border Protection DHS E-2 Foreign Nationals Form I-94 Immigration Procedures Immigration Records Popular USCIS Visas

Detailed Breakdown of the President’s Executive Action on Immigration

As previously reported, on November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families and require certain undocumented...more

12/1/2014 - Barack Obama DACA DAPA Deportation DHS Executive Orders Green Cards Immigration Procedures Immigration Reform STEM USCIS

Major Immigration Changes

On Thursday evening, November 20, 2014, President Obama summarized his Immigration Accountability Executive Actions. This will signal the beginning of contentious political debate that should go on for at least the next few...more

11/24/2014 - Barack Obama Customs and Border Protection DACA DAPA Deportation DHS Employer Liability Issues Enforcement Executive Orders Immigration Reform STEM USCIS

U.S. Government to Launch Refugee/Parole Program for Certain Central American Children

On November 14, 2014, the U.S. Department of State (DOS) and the U.S. Department of Homeland Security (DHS) announced the anticipated establishment of a refugee/parole program for certain minor children in El Salvador,...more

11/19/2014 - Department of State DHS Minors Refugees

CAHO Upholds Fine of $329,895 for 300 I-9 Forms

If you have already undergone one I-9 audit by ICE, you may think your business is now safe and off of the government’s radar. You would be wrong. As reaffirmed in a recent decision by the Office of the Chief Administrative...more

11/12/2014 - Audits I-9 ICE Immigrants OCAHO Visas

BIA Holds Form I-9 Is Admissible in Immigration Proceedings

The Form I-9 is used by employers to verify a new hire’s identity and to establish that the worker is authorized to accept employment in the United States. The Form I-9 contains a section in which the employee must attest to...more

11/4/2014 - BIA Hiring & Firing I-9 Immigrants Immigration Procedures

PERM FOIA Litigation Reveals DOL Directives on Business Necessity and Finite Employment

Earlier this year, as a result of Freedom of Information Request Act (FOIA) litigation, the U.S. Department of Labor released a number of documents related to the agency’s policies and procedures in processing labor...more

10/30/2014 - Business Necessity DOL FOIA PERM

Eleventh Circuit Says Florida Aggravated Fleeing Is an Aggravated Felony

Convictions of certain types of crimes, referred to as “aggravated felonies,” carry severe immigration consequences for foreign nationals seeking permanent residence, citizenship, asylum, and relief from removal. The types of...more

10/21/2014 - Aggravating Factors Criminal Prosecution Felonies

Visa Bulletin for November 2014: India EB2 Retrogresses to February 2005

The U.S. Department of State has published the monthly “Visa Bulletin” for November 2014. The Visa Bulletin is a government publication, the primary purpose for which is to provide an updated waiting list for immigrants that...more

10/14/2014 - EB-2 EB-3 Immigrants India Visas

SEVP Draft Guidance on Pathway Programs

On September 26, 2014, Immigration and Customs Enforcement Student and Exchange Visitor Program (SEVP) posted draft guidance on pathway programs, seeking comment from stakeholders. It is the third in a series of related...more

9/30/2014 - Draft Guidance F-1 Foreign Nationals SEVP Students

Eleventh Circuit Says No to Nunc Pro Tunc Stand-Alone 212(h) Waiver

A waiver of certain criminal grounds of inadmissibility under section 212(h) of the Immigration and Nationality Act (INA) is available to individuals applying for a visa, admission or adjustment of status. A lawful permanent...more

9/25/2014 - Criminal Records Nunc Pro Tunc Visas Waivers

ICE I-9 Audit Leads to $2 Million Fine Against Hotel

When an employer becomes the subject of an enforcement audit by ICE and I-9 violations are discovered, civil fines for simple paperwork violations – even if no undocumented workers are discovered – will range from $110 to...more

9/17/2014 - Hospitality Industry Hotels I-9 ICE Immigrants Visas

Change in Immigrant and Non-Immigrant Visa Application Fees on September 2014

Nonimmigrant and immigrant visa application fees for certain visa categories will change on September 12, 2014. All visa applicants must pay the fee amounts in effect on the day they pay, with the exception of Immigrant Visa...more

9/9/2014 - Applications Immigrants Non-Immigrant Visas Processing Fees Visas

DOL Alert: New PERM Password Requirements

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign national to work permanently in the United States. The application for a labor certification is filed via the DOL’s...more

9/2/2014 - DOL Foreign Nationals Hiring & Firing Labor Certifications Passwords PERM

BIA Holds Guilty Plea Without Conviction Is Not An Admission

The Immigration and Nationality Act (INA) contains a provision making an individual inadmissible to the United States if he or she has admitted to the commission of certain crimes, including controlled substance offenses....more

8/26/2014 - BIA Criminal Records Immigrants Immigration and Nationality Act

Ebola Outbreak-related Immigration Relief Measures to Nationals of Guinea, Liberia and Sierra Leone Currently in the United States...

On August 15, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a press release addressing humanitarian relief that may potentially be available to nationals of Guinea, Liberia and Sierra Leone who are currently...more

8/19/2014 - Africa USCIS

SEVP Draft Policy Guidance on Conditional Admission, the Form I-20, and English Proficiency

The Immigration and Customs Enforcement (“ICE”) Student and Exchange Visitor Program (“SEVP”) issued draft guidance clarifying issues related to the appropriate issuance of the Form I-20, "Certificate of Eligibility for...more

8/12/2014 - Admissions Draft Guidance Form I-20 ICE SEVP Students

BALCA Holds Additional Recruitment Steps Need Not Comply With Detailed Content Requirement

On July 30, 2014, the Board of Alien Labor Certification Appeals (BALCA), in Matter of Symantec, decided the issue of whether a Certifying Officer may deny an Application for Permanent Employment Certification (ETA Form 9089)...more

8/6/2014 - Advertising BALCA Employer Liability Issues Hiring & Firing Job Applicants Symantec

USCIS Issues Policy Memorandum Regarding H-1B Petitions for Nursing Occupations

As a general matter, most registered nurse (RN) positions do not qualify as H-1B specialty occupation positions because they do not normally require a U.S. bachelor’s or higher degree in nursing or its equivalent as the...more

7/29/2014 - H-1B Healthcare Highly-Skilled Workers Visa Hiring & Firing Nurses USCIS

Florida Driver’s Licenses Issued to Individuals With Approved I-601A Provisional Waivers

The Florida Department of Highway Safety and Motor Vehicles (“FLHSMV”) regularly publishes a list of documents that it will accept as proof of immigration status in connection with an application for a Florida Driver’s...more

7/22/2014 - Driver's Licenses I-601A USCIS

EOIR Seeks to Designate Temporary Immigration Judges

The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They...more

7/16/2014 - Administrative Hearings DHS DOJ Immigration Procedures Judges

USCIS Issues Guidance on “Extraordinary Circumstances” Under CSPA

On June 27, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on evaluating claims of “extraordinary circumstances” for late filings when the applicant must have sought to acquire lawful...more

7/10/2014 - CSPA Immigrants USCIS

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