BALCA Vacates Denial Notwithstanding Incomplete ETA 9089

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BALCA held that although the employer failed to include the alien’s relevant employment history on the ETA 9089, documentation confirming the employment was sent with the audit response and should have been considered by the CO. https://atomic-temporary-10880024.wpcomstaging.com/tag/balca/ https://atomic-temporary-10880024.wpcomstaging.com/tag/balca-denial/ https://atomic-temporary-10880024.wpcomstaging.com/tag/board-of-alien-labor-certification-appeals-balca/ https://californiaimmigration.us/balca-affirms-lc-denial-due-to-notice-of-filing-deficiency/

CA1 Rejects Gang-Related Withholding Claim

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The court found that the petitioner, who argued he was a target of gang recruitment and a returnee to El Salvador who would be perceived as wealthy, did not establish membership in a particular social group. https://atomic-temporary-10880024.wpcomstaging.com/tag/ca1/ https://atomic-temporary-10880024.wpcomstaging.com/tag/ca10/ https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationlawyer/ https://californiaimmigration.us/ca1-dismisses-argument-for-consideration-of-in-re-magna-exception/

Practice Pointer: Prosecutorial Discretion & LGBT Families

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Liaison practice pointer offering information on prosecutorial discretion, a background on DOMA, and suggestions for how to protect an LGBT client. Special thanks to Victoria Neilson and the LGBT Working Group. https://www.boundless.com/immigration-resources/faq/ https://atomic-temporary-10880024.wpcomstaging.com/tag/23-new-immigration-judges/ https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationattorney/ https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationattorney/

Fundamentals of H-1B Law and Procedure Seminar Recording

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This AILA Seminar recording is available for purchase. This seminar provided an overview of the substantive law regarding the “workhorse” H-1B work visa, as well as the administrative procedures for seeking this status for foreign professionals. https://atomic-temporary-10880024.wpcomstaging.com/tag/h-1b-2/ https://atomic-temporary-10880024.wpcomstaging.com/tag/cap-h-1bs/ https://atomic-temporary-10880024.wpcomstaging.com/tag/h-1b/ https://californiaimmigration.us/uscis-provides-fy-2022-h-1b-cap-season-updates/

CRS Report on In-State Tuition for Unauthorized Alien Students

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A 12/22/11 Congressional Research Service (CRS) report providing a legal overview of cases involving immigrant access to higher education, as well as an analysis of the legality of state laws that make in-state tuition rates available to illegal aliens. https://cbocalbos.wordpress.com/tag/illegal/ https://cbocalbos.wordpress.com/tag/illegal-alien/ https://cbocalbos.wordpress.com/tag/illegal-aliens/ https://californiaimmigration.us/us-governmental-mandates-regulations-regarding-transporting-or-illegal-immigrants/

DOS J-1 Waiver Review Liaison Assistance

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Process and guidelines for seeking liaison assistance with respect to 212(e) waivers at the DOS J-1 Waiver Branch. https://atomic-temporary-10880024.wpcomstaging.com/tag/final-j-1-rule-for-training-and-intern-programs/ https://atomic-temporary-10880024.wpcomstaging.com/tag/j-1/ https://atomic-temporary-10880024.wpcomstaging.com/tag/j-1-visa/ https://californiaimmigration.us/visas/j-1-trainee-worker/

AILA/CBP Liaison Practice Pointer: Mexican TN Admissions

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AILA/CBP Liaison Committee offers a practice pointer on determining the appropriate period for admission on a TN for a Mexican citizen. https://atomic-temporary-10880024.wpcomstaging.com/tag/tn/ https://atomic-temporary-10880024.wpcomstaging.com/tag/tn-visas/ https://atomic-temporary-10880024.wpcomstaging.com/tag/field-offices-in-atlanta-ga-and-memphis-tn/ https://californiaimmigration.us/tn-treaty-nafta/

DOJ Releases ‘Know Your Rights’ Document About E-Verify Program

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Department of Justice Office of Special Counsel releases ‘Know Your Rights’ Document outlining the legal rights of employees under the E-Verify employment verification program. https://atomic-temporary-10880024.wpcomstaging.com/tag/e-verify-employee-rights/ https://atomic-temporary-10880024.wpcomstaging.com/tag/e-verify/ https://atomic-temporary-10880024.wpcomstaging.com/tag/e-verify-program/ https://californiaimmigration.us/federal-contractors-required-to-use-e-verify-beginning-sept-8-2009/

USCIS Announces New Office Opening in Queens, New York

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USCIS press release announcing the opening of a new USCIS office in Queens, New York. https://atomic-temporary-10880024.wpcomstaging.com/tag/applications-to-uscis/ https://atomic-temporary-10880024.wpcomstaging.com/tag/uscis/ https://atomic-temporary-10880024.wpcomstaging.com/tag/updated-uscis-forms/ https://californiaimmigration.us/uscis-provides-fy-2022-h-1b-cap-season-updates/

ICE Releases SEVP Spotlight Newsletter for January

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January 2012 quarterly newsletter called ‘SEVP Spotlight’ announcing SEVIS updates and other SEVP outreach efforts. https://www.ice.gov/ https://atomic-temporary-10880024.wpcomstaging.com/tag/another-win-for-law-offices-of-brian-d-lerner/ https://atomic-temporary-10880024.wpcomstaging.com/tag/administrative-appeals-office-aao-2/ https://atomic-temporary-10880024.wpcomstaging.com/tag/72-hours-notice/

Last Day for Advance Registration for AILA’s Midyear Conference

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AILA’s Midyear Conference, “Survival Tool Kit For The Worksite Enforcement Jungle,” is a must-attend event for attorneys representing clients in today’s new worksite enforcement regime. https://www.uscis.gov/green-card https://atomic-temporary-10880024.wpcomstaging.com/tag/green-card-ban/ https://atomic-temporary-10880024.wpcomstaging.com/tag/extgension-of-green-card/ https://atomic-temporary-10880024.wpcomstaging.com/tag/biden-green-card-ban-ban-visa-lottery-diverity-lottery/

CA6 Upholds Asylum Denial Due to Adverse Credibility Determination

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The court found there was substantial evidence that the petitioner lacked credibility in one key part of his asylum testimony, though it noted the BIA’s decision erred in a number of its other findings regarding credibility. https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-2/ https://atomic-temporary-10880024.wpcomstaging.com/tag/appeal-asylum/ https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum/ https://californiaimmigration.us/how-to-apply-for-political-asylum/

AILA/VSC Liaison Practice Pointer: Getting USCIS to Recognize the G-28

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The VSC Liaison Committee provides a practice pointer on how to best interfile a G-28 in order for it to be recognized on the record. https://atomic-temporary-10880024.wpcomstaging.com/tag/form-g-28/ https://atomic-temporary-10880024.wpcomstaging.com/tag/g-28/ https://atomic-temporary-10880024.wpcomstaging.com/tag/g-28-attorneys/ https://californiaimmigration.us/our-immigration-law-firm/

DOS Press Release on US Passport Card Online Application

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Department of State press release announcing a 90-day pilot program allowing adult U.S. citizens living in the United States and Canada to apply for a passport card online. https://atomic-temporary-10880024.wpcomstaging.com/tag/charlie-oppenheim-of-the-dos-visa-office/ https://atomic-temporary-10880024.wpcomstaging.com/tag/department-of-state-dos/ https://atomic-temporary-10880024.wpcomstaging.com/tag/dos/ https://californiaimmigration.us/dos-expands-interview-waiver-eligibility/

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