H.R. 2885- Legal Workforce Act
Revised version of the Legal Workforce Act, a mandatory employment verification legislation from Rep. Smith (R-TX), introduced on September 12, 2011.
BIA Refuses to Apply Frivolous Asylum Bar to Derivative Child
In an unpublished decision, the BIA found that as the minor derivative of her mother’s application, the respondent did not receive the necessary advisals, and held that the frivolousness finding applicable to her mother should not be applicable to her.
2013 Diversity Visa Lottery Instructions
DOS instructions for the 2013 Diversity Immigrant Visa Program (DV-2013). This year, natives from South Sudan and Poland are eligible, while Bangladesh natives are ineligible. Entries for the DV-2013 program must be submitted electronically between 10/4/11 and 11/5/11.
OFLC Publishes Guidance for H-2A Employers
OFLC filing tips to assist employers with the H-2A program by highlighting common mistakes which can delay the processing of an application, based upon the Chicago National Processing Center’s experiences in processing H-2A applications over the past 16 months.
USCIS Warns the Public to Avoid Misleading Websites and Fees
USCIS alert announcing that some online businesses are charging fees to prepare USCIS forms which are, in most cases, the same as USCIS filing fees, and as a result, applicants are only paying for the preparation of their applications and not the official filing fees.
OFLC Announcement on H-2B Wage Re-determinations
OFLC announcement regarding the re-issuing of wage determinations on more than 3,500 previously certified H-2B applications which must be completed prior to 9/30/11 in accordance with the shift in the effective date of the wage methodology final rule.
Visa Bulletin for October 2011
DOS Visa Bulletin for October 2011. Section C addresses advance notification of diversity (DV) immigrant category rank cut-offs which will apply in November. Section D addresses visa availability in the coming months.
U.S. Consulate in Mumbai Resumes H and L Visa Processing
DOS statement that the U.S. Consulate in Mumbai resumed issuing H and L interviews on 8/26/11, with the first appointments available on 9/6/11. The consulate stopped issuing H and L interview appointments in March 2011 due to aging infrastructure.
USCIS Memo on the Adjudication of Child VAWA Self-Petitions Filed by Individuals over Age 21
A 9/6/11 USCIS policy memo providing guidance on the continued eligibility for individuals to file a VAWA self-petition as a child over age 21, and younger than age 25, if the abuse was at least one central reason for the filing delay. This guidance is effective immediately.
DHS Publishes PIA for the SAVE Program
DHS/USCIS Verification Division Privacy Impact Assessment (PIA), dated 8/26/11, providing a separate, detailed explanation of the SAVE Program, and elaborating on SAVE’s expanded use of foreign passport numbers for non-immigrants from visa waiver countries.
DHS Final Rule Implementing CNMI Transitional Worker Classification
DHS final rule implementing the CW classification, which is the temporary transitional worker classification specifically created for the CNMI, and establishing employment authorization incident to CW status. The rule is effective 10/7/11
USCIS Request for Comments on I-129S Extension
USCIS notice of a 60-day comment period on extension of the validity on Form I-129S, Nonimmigrant Petition Based on Blanket L Petition.
L.A. Man Sentenced to Prison for Visa and Tax Fraud
ICE press release announcing that Samuel Klein, a Los Angeles tax preparer, was sentenced to 63 months in federal prison after he admitted to orchestrating a visa and tax fraud scheme that involved filing fraudulent religious worker visa applications and false tax returns.
ICE Revised Immigration Detainer Form I-247
ICE revised immigration detainer Form I-247, issued in June 2011. The form instructs that state and local authorities are not to detain an individual for more than 48 hours, excluding weekends and holidays, and requires local law enforcement to provide a copy to detainees.
USCIS Additional 30-Day Comment Request on Form N-600K Revision
USCIS notice of an additional 30-day comment period on the revision of Form N-600K, Application for Citizenship and Issuance of Certificate under Section 322. Comments are due 10/19/11.