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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SEVP Draft Guidance on Pathway Programs

On September 26, 2014, Immigration and Customs Enforcement Student and Exchange Visitor Program (SEVP) posted draft guidance on pathway programs, seeking comment from stakeholders.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9/30/2014 - Draft Guidance F-1 Foreign Nationals SEVP Students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

New Mexico Supreme Court Applies Padilla Retroactively to 1990

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, 559 U.S. 356 (2010), held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective...more

7/3/2014 - Criminal Defense Padilla v. Kentucky Sixth Amendment

New Florida Law Gives In-State Tuition to Certain Undocumented Students

On June 9, 2014, Florida Governor Rick Scott signed a bill allowing certain Florida students without a lawful immigration status to receive in-state college tuition rates. The new law will go into effect on July 1, 2014. ...more

6/24/2014 - Colleges Immigration New Legislation Residency Status Students Tuition Undocumented Immigrants

Florida DMV: Driver’s Licenses to Individuals with Cases Closed Pursuant to Prosecutorial Discretion

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

6/17/2014 - DHS DMV Driver's Licenses

USCIS Announces Process for DACA Renewal

On June 5, 2014, the U.S. Citizenship and Immigration Services (USCIS) announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. USCIS has submitted an updated...more

6/10/2014 - DACA Employment Authorization Document USCIS

BALCA Reverses PERM Denial Based on Infeasibility-to-Train

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

6/4/2014 - BALCA DOL Immigrants Immigration and Nationality Act PERM Training Visas

EOIR Reports Progress on Computer System Failure

As previously reported, at midnight on April 12, 2014, the Executive Office for Immigration Review (EOIR) experienced a catastrophic hardware failure that rendered inaccessible many of its applications. As a result, many...more

5/27/2014 - Computer Servers Data Recovery Databases Electronically Stored Information Immigration Court

OSC Provides Guidance on Whether an Employer May Decline to Hire an F-1 Student

On April 30, 2014, the United States Office of Special Counsel (OSC) issued a Technical Assistance Letter (TAL) discussing whether an employer may decline to hire an F-1 student visa holder on Optional Practical Training...more

5/21/2014 - F-1 Immigrants OSC Visas

ICE Will Agree to Reopen Removal Proceedings in Same-Sex Marriage Cases

Generally, a 90-day deadline applies to filing a Motion to Reopen Removal Proceedings after a respondent has been ordered removed. One of the exceptions to this rule allows for the filing of an untimely Motion to Reopen if it...more

5/13/2014 - DHS ICE Marriage Removal Same-Sex Marriage

Immigration Court Computer System Outage Affects Certain Court Functions

On April 12, 2014, the Executive Office for Immigration Review (EOIR) — the U.S. Department of Justice agency that oversees the court system — issued a statement that due to a hardware failure, Immigration Courts were unable...more

5/6/2014 - DOJ Immigration Court

ICE Deploys Field Representatives to SEVP-Certified Schools

In April 2014, the Student and Exchange Visitor Program (SEVP) division of the U.S. Immigration and Customs Enforcement (ICE) announced that field representatives will be deployed to serve as direct day-to-day liaisons...more

4/22/2014 - ICE Public Schools SEVP

DHS to Publish Proposed Rule Providing for Work Authorization for H-4 Spouses

The Department of Homeland Security (DHS) has announced that it will soon publish several proposed rules that will make the United States more attractive to talented foreign entrepreneurs and other high-skilled immigrants who...more

4/15/2014 - DHS H-1B H-4 Spouses Highly-Skilled Workers Visa Hiring & Firing

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