CBP Officers in an Unprofessional Conduct

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The Customs & Border Protection (CBP) Liaison Committee advisory on redress mechanisms that have been created by CBP to address those situations where officers have misapplied the law, engaged in an unprofessional behavior, or illegal conduct.

USCIS updated RFE template for Form I-140

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USCIS updated RFE template for Form I-140, Immigrant Petition for Alien Worker, seeking E11 immigrant classification. The updated template will be posted online until 2/4/11 for stakeholder visibility. USCIS Service Centers will use the template effective immediately.

Set Standard for Employee Referral Programs

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For Employee Referral Programs, an employer must document 1) the program offers incentives to employees for referral; 2) the program was in effect during the recruitment period; and 3) the employees were on notice of the job opening. (Matter of Sanmina-Sci, 1/19/11)

Creation of ECIC in Crystal City, VA

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ICE press release with an announcement by Director John Morton of the creation of an Employment Compliance Inspection Center (ECIC) in Crystal City, VA. The press release also announces that Tyson Foods, Inc. is now a member of the IMAGE program.

Is failure to register as a sex offender is a crime involving moral turpitude?

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The court remanded to determine whether failure to register as a sex offender in violation of Wisconsin Statute §301.45(2)(a) is a crime involving moral turpitude under the analysis set forth inMatter of Silva-Trevino. (Mata-Guerrero v. Holder, 11/24/10)

“Derivative Citizenship” under former INA §321(a)

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The court held that for purposes of derivative citizenship under former INA §321(a), the phrase “begins to reside permanently in the United States while under the age of 18 years” requires the status of a lawful permanent resident. (U.S. v. Forey-Quintero, 11/30/10)

Immigrant Visa Retrogression

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The DOS Liaison Committee reminds members that despite visa retrogression for various immigrant visa categories, posts should issue immigrant visas with a full six-month validity, even if the applicant’s immigrant visa category will retrogress.

Proposed rule that would Re-engineer the H-2B Labor Certification Process

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DOL notice of a forthcoming proposed rule that would re-engineer the H-2B labor certification process to enhance transparency and strengthen program integrity and worker protections. The public may comment on the proposed rule when it is published in the Federal Register.

The REAL ID Act did not overrule Sandoval-Lua

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The REAL ID Act did not overrule Sandoval-Lua, which held that the alien’s burden of proving eligibility for cancellation is met where the record of conviction is inconclusive as to whether the crime is an aggravated felony. (Rosas-Castaneda v. Holder, 1/4/11)

Lawyers have a Duty to Investigate all Grounds for Asylum

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The court denied rehearing and rehearing en banc where the attorneys failed to inquire into and raise FGM as a basis for asylum from Eritrea. Judge Pregerson dissented, citing the adverse effect the decision will have on asylum seekers.

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