Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
What is PERM? Question: I am planning on filing a Labor Certification and have heard about a PERM program. Can you shed some light on what this is? Answer: Actually, the PERM program is going to be a much faster route for the Labor Certification. However, it is not yet here but there has been …
EOIR Cancels Five Policy Memos, Policy Memo (PM) 21-09 setting policy and procedures for asylum, withholding, and CAT protection; PM 20-04 on the implementation of asylum cooperative agreements; PM 19-12 on guidelines for adjudicating asylum and protection claims; PM 19-02 on guidelines regarding new regulations governing asylum and protection claims; and PM 19-03 on guidelines regarding the presidential proclamation addressing mass migration through the …
EOIR will resume non-detained individual and master calendar hearings in limited numbers at certain courts on July 6, 2021. Those who don’t receive a notice of reset hearing by June 22 should expect scheduled hearings to proceed in these courts. The option to file by email at these courts will end on September 4, 2021. In a separate …
The American Immigration Lawyers Association (AILA), via its Board of Governors, has taken decisive legal action, filing a federal court complaint to block a proposed or recently enacted change to the H-1B cap lottery selection process. The core of the legal challenge centers on preventing the implementation of a rule that shifts the selection mechanism …
DACA status: what you can do now Court cases continue to affect Deferred Action for Childhood Arrivals (DACA). However, many people can still renew, while initial filings remain limited or paused depending on ongoing litigation. We track the latest rules for you and plan safe next steps. Who can usually renew You previously had DACA …
Following Matter of Lopez-Meza, the BIA ruled that the offense of aggravated unlicensed operation of a motor vehicle in the first degree violates §511(3)(a)(i) of the New York Vehicle and Traffic Law. It is categorically a crime involving moral turpitude. The BIA also ruled that the “offense clause” of the federal conspiracy statute, 18 USC §371, is divisible. The underlying …
NBC News reports that lawyers tasked with reuniting migrant families separated during the Trump administration,.Informed a federal court yesterday that they have recently contacted the parents of 61 more children. This brings the number of known separated children whose parents have yet to be reached by the pro bono attorneys. The count is now down from 506 …
DOS announced that the travel of immigrants; fiancé(e) visa holders; certain exchange visitors; and pilots/aircrew traveling for training or aircraft pickup, delivery, or maintenance is in the national interest for purposes of approving exceptions under proclamations restricting travel due to COVID. However, if you are interested in the EB-5, press here.
Immigration lawyers filed a lawsuit against the Biden administration over a Trump-era policy that froze visa issuance in 35 different countries due to COVID-19. The plaintiffs’ counsel argues that while the president has a right to suspend entry into the United States that doesn’t require DOS to stop issuing visas.
The BIA ruled that an candidate may seek withholding of removal from a country. Even if that country is different from the country of removal originally designated in the reinstated. Removal order on which the withholding-only proceedings are based. A person who is granted withholding of removal may never leave the United States without executing that removal order, …
Online filing for F-1 OPT (and STEM OPT): what students need to know USCIS lets many F-1 students file Form I-765 online for pre-completion OPT, post-completion OPT, and the 24-month STEM OPT extension. However, success turns on picking the correct category, timing, and uploading the right documents. We help you file cleanly and avoid simple …
H-1B Cap Season Updates. USCIS announced that it has received enough electronic registrations to reach the FY2022 H-1B cap. USCIS has completed the random selection process and notified prospective petitioners. FY2022 cap petitions may be filed starting this Thursday, April 1, 2021; USCIS also provided instructions for completing Form I-129. The H-1B program allows companies and …
On November 4, 2020, the District Court for the Western District of Washington approved a final settlement agreement in Mendez Rojas v. Wolf, a case addressing the one-year filing deadline for asylum applications. Today, class counsel in Mendez Rojas released updated FAQs advising how class members can benefit from the injunction and implementing settlement in the case.
filing form I-765 for OPT. USCIS announced flexibilities for certain foreign students affected by delayed receipt notices for Form I-765. These flexibilities apply only to applications received on or after Oct. 1, 2020, through May 1, 2021. Some of the flexibility extensions include 14-month Optional Practical Training (OPT) period flexibilities. Under this extension, USCIS will approve …
Aa federal judge in Texas forever blocked the Biden government from ongoing with the 100-day deportation moratorium. However, on Thursday, ICE employees were told they should still focus on removing people that fit the new administration’s priorities, Such as those deemed public safety threats. Because the court order did not require DHS to deport certain individuals …