Immigration Civil Procedure Administrative Agency

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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

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

Supreme Court Decides Scialabba v. Cuellar de Osoroio et al.

On June 9, 2014, the U.S. Supreme Court held that Section 1153(h) of the Child Status Protection Act (CSPA), which automatically converts a minor alien's petition to immigrate as a derivative beneficiary to another...more

For H-1B Employers: How Even a Single Employee’s H-1B Complaint Could Incite a Comprehensive DOL Investigation of Your H-1B...

In Greater Missouri Medical Pro-Care Providers, Inc., ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), a divided U.S. Department of Labor (“DOL”) Administrative Review Board (the “Board”) partially reversed the decision...more

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

OCAHO Holds That Backdating Alone Is Not Evidence of a Lack of Good Faith

The Office of the Chief Administrative Hearing Officer (OCAHO) has jurisdiction to review penalties imposed by the U.S. Immigration and Customs Enforcement (ICE) for I-9 compliance violations. In calculating the amount of...more

Holding the DOL Accountable in PERM Labor Certification Adjudications

We applaud Microsoft Corporation and the numerous parties, including the American Immigration Council and the Chamber of Commerce, who filed amicus briefs last week in a consolidated Board of Alien Labor Certification (BALCA)...more

The Administrative Appeal Office (AAO) Sustains An Appeal Related To An EB-1 (C) Multinational Executive Or Manager Application

In a decision dated June 13, 2013 the Administrative Appeal Office (AAO) found that USCIS’ Nebraska Service Center’s denial of an EB-1 (C) Multinational Executive/Manager application was deficient as it was based upon...more

Can You Appeal a “Deferred Action” Decision?

A cursory Internet search reveals that many people are curious about whether individuals can appeal a denial of a request to the government for “deferred action” status. While there is no process for formal appeal, there is a...more

U.S. Supreme Court Strikes Down Three Provisions of the Arizona Immigration Law

The U.S. government challenged Arizona's S.B. 1070, enacted in April 2010, which imposed state penalties on undocumented immigrants on the basis that it was preempted by federal law. On June 25, 2012, the U.S. Supreme Court...more

Arizona v. United States: Supreme Court Reaffirms Federal Government’s Power in Immigration Arena

In a 5-3 decision authored by Justice Kennedy, the Supreme Court struck down most of the main provisions of an Arizona law targeting illegal immigration. The law, known as the “Support Our Law Enforcement and Safe...more

Supreme Court Arizona Decision: Better than Expected but Federal Action Still Needed

While both sides claim victory, the reality of yesterday's Supreme Court ruling is this: Immigration is a federal issue, but states can cooperate with the feds in law enforcement so long as they do not violate peoples' rights...more

Arizona's Attempt To Crackdown On Immigration (Mostly) Rejected By Supreme Court

On June 25, 2012, the Supreme Court held that certain provisions of Arizona's immigration statute (signed into law in 2010) were preempted by federal immigration law. The preempted provisions include those making it a...more

Supreme Court Will Tackle Arizona Statute

When Arizona enacted its immigration law late last year, it set off a firestorm of controversy and ignited a series of legislative initiatives in other states that have taken aim at undocumented immigrants. Now, the U.S....more

United States Citizenship and Immigration Services Implements Significant, Yet Temporary, Change in Approval Notice Delivery...

Beginning September 12, 2011, the U.S. Citizenship and Immigration Services (USCIS), without any notice to stakeholders or opportunity for public input, began sending original Form I-797A, petition approval notices, directly...more

Poisoned Well Is a Poor Fate For Anyone

When bureaucrats decide to pile on the charges a seafarer stands little chance of justice.Bureaucracy trampled a seafarer because it could. New Zealand uses its Commission law as a barrier to justice just as effectively as...more

DHS Circles the Wagons and Refuses to Budge on No-Match Rule

The DHS published on March 21, 2008 a Supplemental Proposed Rulemaking on the No-Match Rule in an effort to overcome objections raised by a federal court in enjoining implementaion of the Ausust 2007 No-Match Rule. Please...more

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