USCIS Issues Policy Alert with Updated Guidance for Adjudication of Cuban Adjustment Act Cases

USCIS issued a policy alert after it updated guidance in the Adjudicator’s Field Manual (AFM) relating to adjustment of status under the Cuban Adjustment Act (CAA). In this alert, USCIS provides updated examples of documents applicants may submit as proof of being a Cuban native or Cuban citizen for purposes of adjusting status under the …

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Thirteen States File Lawsuit over Trump ‘Public Charge’ Rule

The Hill reports that 13 states led by Washington Attorney General Robert Ferguson and Virginia Attorney General Mark Herring filed a lawsuit Wednesday over the Trump administration’s new “public charge” rule. The complaint states, “The rule is arbitrary, capricious, and an abuse of discretion because—among other reasons—it reverses a decades-old, consistent policy without reasoned analysis.”

USCIS Returns Unselected FY2020 H‑1B Cap-Subject Petitions

USCIS announced that it has returned all FY2020 H‑1B cap-subject petitions that were not selected in the lottery. Petitioners who haven’t received a receipt notice or a returned petition for a cap-subject H‑1B petition by August 29, 2019, should contact USCIS for assistance. https://cbocalbos.wordpress.com/tag/h1b/ https://cbocalbos.wordpress.com/tag/h1b-cap/ https://cbocalbos.wordpress.com/tag/h1b-lottery/ https://californiaimmigration.us/us-economic-policy-regarding-h1-b-and-l-1-visa-to-be-evaluated/

DOJ Seeks Termination of Immigration Judges Union, Further Undermining Court Independence

Last Friday, DOJ petitioned the Federal Labor Relations Authority (FLRA) in an effort to strip immigration judges of their right to be represented by a union. AILA Executive Director Benjamin Johnson called the petition “an effort to suppress the voices of immigration judges, who have denounced DOJ efforts to strip their authority.” House Judiciary Committee …

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Court Revives Lawsuit of Students Caught in Fake University Visa Sting After Finding Order Terminating Their F‑1 Status Was Final Agency Action

The Third Circuit vacated the district court’s dismissal for lack of subject matter jurisdiction of the claims of the appellants—students who had enrolled in a sham university created by DHS—holding that the order terminating their F‑1 visa status marked the consummation of ICE’s decision-making process, and therefore constituted a final order for the purposes of …

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USCIS Publishes Final Regulation Making Significant Changes to the EB-5 Immigrant Investor Program

On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register making significant changes to the EB-5 Immigrant Investor Program. The final rule is scheduled to take effect on November 21, 2019. This final rule makes the following major revisions to the EB-5 program: Increases the required minimum investment amounts; Revises …

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H‑2B Petitioners Must Include Temporary Labor Certification Final Determination with USCIS Form I‑129

USCIS announced that employers whose H‑2B application was processed in FLAG must include a printed copy of the electronic one-page “final determination” of their H‑2B temporary labor certification approval when submitting Form I‑129, Petition for a Nonimmigrant Worker. Employers must also ensure that the DOL Case Number identified on the final determination is the same as the …

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USCIS Acting Director Instructs Asylum Officers to Consider Possibility of Internal Relocation in Home Country for Credible Fear Screenings and Determinations

The acting director of USCIS sent a message to asylum officers instructing them to elicit testimony for credible fear screenings to determine whether asylum seekers who provide evidence of private violence attempted to internally relocate in their home countries prior to traveling to the United States.

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