Brian D. Lerner (blerner@californiaimmigration.us) USCIS and the Notice to Appear
USCIS is authorized to issue Notices to Appear (NTAs) under INA §§103(a), 239(a) and 8 CFR §§2.1, 239.1.
BIA Says “Specified Offense Against a Minor” Can Involve Undercover Officer Posing as a Minor
The BIA dismissed the petitioner’s appeal, holding that an offense may be a “specified offense against a minor” within the meaning of section 111(7) of the Adam Walsh Child Protection and Safety Act of 2006, even if it involved an undercover police officer posing as a minor, rather than an actual minor. Thus, the BIA found that …
USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions
USCIS announced that it has resumed premium processing for certain cap-exempt H-1B petitions, including petitions where the petitioner is an institution of higher education, a nonprofit related to or affiliated with an institution of higher education, or a nonprofit research or governmental research organization. Effective immediately, those cap-exempt petitioners who are eligible for premium processing can …
BALCA Applies Reasoning from Smartzip and Overturns H.14 Denial
Applying the reasoning from Smartzip Analytics, BALCA reversed the Certifying Officer’s denial of the labor certification, finding that an application cannot be deniedon its face based on a failure to provide a duration requirement for special skills listed in Section H.14 of the ETA Form 9089, short of legally sufficient notice of a requirement to do so.
Court Finds Presumption Against Retroactive Legislation Bars Application of IIRAIRA to Petitioner’s Case
Where Congress had passed the Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) after the petitioner had committed a drug offense but before his crime was adjudicated, the Second Circuit granted the petition for review and remanded, holding that because the petitioner had committed his drug offense prior to IIRAIRA’s passage, he should not have …
USCIS Updates Policy Guidance on the Biometrics Requirement for Naturalization
Effective July 26, 2017, USCIS will require every naturalization applicant to provide biometrics regardless of age, unless the applicant qualifies for a fingerprint waiver due to certain medical conditions.
l: Court Finds BIA Erred in Barring Cancellation and Asylum Applications of Petitioner Convicted Under NY Penal Law §220.31
The Second Circuit granted in part the petition for review, holding that the BIA should have applied the categorical approach to determine whether the petitioner’s N.Y. Penal Law §220.31 conviction was an aggravated felony under the INA, because §220.31 defines a single crime and is therefore an indivisible statute. Applying the categorical approach, the court concluded …
Bipartisan Dream Act Introduced in the House of Representatives
Representatives Ileana Ros-Lehtinen (R-FL) and Lucille Roybal-Allard (D-CA) introduced the House version of the Dream Act of 2017, which would provide young people who were brought to the United States as children the chance to apply for lawful permanent resident (LPR) status if they meet certain requirements. The Dream Act of 2017 was introduced in the Senate by …
USCIS Launches Mobile Form for Replacing Green Card
USCIS announced that lawful permanent residents who file the online Form I-90, Application to Replace Permanent Resident Card, without assistance from an attorney or accredited representative can now file their form and upload evidence entirely on a mobile device. There are no substantive changes to the policy or content of the form, and the online version …
DHS and DOL Issue Joint Temporary Rule Increasing the H-2B Cap
DHS and DOL published a temporary rule in the Federal Register, increasing the H-2B cap for the remainder of FY2017 by an additional 15,000 visas, effective from July 19, 2017, through September 30, 2017. USCIS provided additional information regarding who can petition for these additional visas, how to file an H-2B petition under this one-time increase, filing information, and …
USCIS Returns Unselected FY2018 H-1B Cap-Subject Petitions
USCIS announced on July 19, 2017, that it has returned all FY2018 H-1B cap-subject petitions that were not selected in the computer-generated random selection process. If an H-1B cap-subject petition was submitted between April 3, 2017, and April 7, 2017, and a receipt notice or a returned petition is not received by July 31, 2017, please contact …
Washington Post: Democratic State Attorneys General Urge Trump to Keep DACA, Say It Has Boosted Economy
The Washington Post reports that New Mexico Attorney General Hector Balderas on Friday joined 19 other Democratic attorneys general in urging President Donald Trump to keep the under-threat DACA program. In a letter to the president, the attorneys general said the 800,000 recipients of the DACA program have been a boon to universities and employers. “They are …
Chasing Down the Rumors: EOIR IJ Benchbook No Longer In Use
The Executive Office for Immigration Review (EOIR) confirmed that the Immigration Judge (IJ) Benchbook has been removed from EOIR’s webpage and is no longer being utilized. According to the agency, use of the IJ Benchbook was discontinued due to challenges in keeping the publication up to date with current case law
USCIS Reminder: Deadline for TPS Re-Registration for Haiti Is Monday, July 24
USCIS issued a reminder that the deadline for eligible Haitian nationals to re-register for Temporary Protected Status (TPS) is Monday, July 24, 2017. The limited six-month extension of the TPS designation for Haiti runs from July 23, 2017, through January 22, 2018.
Should I apply for the E-2 or L-1 Business Visa?
Question: I have a business and want to either purchase or buy a business in the U.S. but do not know which one of the visas would be better. The choices that I have been given are the E-2 and the L-1. Can you clarify and/or help me make the decision? Answer: Each visa has …