Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
Where the employer filed the ETA Form 9089 within six months of the SWA job order, but notwithin 180 days, BALCA overturned the Certifying Officer’s denial, finding that it was unfair to punish the employer because of a potential conflict between the terms “6 months” and “180 days” found at 20 CFR §656.17(e)(2), which provides …
Sometimes fighting in Court as to whether you are a U.S. Citizen is not nearly as easy as it might seem. The Ninth Circuit denied the petition for review, finding that the government satisfied its burden to rebut the petitioner’s claim of citizenship by “clear, unequivocal, and convincing” evidence. In a divided decision, the en …
A federal judge in Texas on Wednesday rejected a request from Texas for a temporary restraining order (TRO) to bar nine Syrian refugees from being resettled in Houston. U.S. District Court Judge David Godbey ruled that Texas had “failed to show by competent evidence that any terrorists actually have infiltrated the refugee program, much less that …
CBP announced that it will begin testing new biometric technology at the Otay Mesa pedestrian crossing. The project will be deployed in two phases. Starting today, certain non-U.S. citizens entering the United States in the pedestrian lanes will utilize new kiosks equipped with biometric capture technology to provide a facial photograph and iris images. The …
The Senate Judiciary Committee approved by a vote of 16-4 a nonbinding amendment authored by Senator Patrick Leahy (D-VT) that prohibits the U.S. government from barring individuals from entering the country based on their religion. “It is the sense of the Senate that the United States must not bar individuals from entering into the United …
BIA Says Probationary Confinement in Substance Abuse Treatment Facility Is “Term of Confinement” In a published decision issued today, the BIA held that a term of confinement in a substance abuse treatment facility imposed as a condition of probation constitutes a “term of confinement” under INA §101(a)(48)(B) for purposes of determining if an offense is …
DOS released the Visa Bulletin for January 2016, including the availability of immigrant numbers for “Application Final Action Dates” and “Dates for Filing Applications.” There was forward movement in the “dates for filing” and the “final action dates” for many of the family-based categories. In addition, there was forward movement in the “final action dates” …
The Fourth Circuit upheld the BIA and the IJ’s determination that the petitioner’s aggravated felony conviction for a drug trafficking crime, for which the petitioner received a sentence of five years’ imprisonment, was per se a particularly serious crime under INA §241(b)(3)(B). The court thus found that the petitioner was ineligible for withholding of removal. …
BALCA overturned the Certifying Officer’s denial and ordered that the labor certification be granted, holding that Notice of Filing (NOF) regulations only require the NOF to contain information specific enough to apprise U.S. workers of the job opportunity, and do not require employers to run advertisements enumerating every job duty, job requirement, and condition of …
The Eighth Circuit affirmed the district court’s dismissal, holding that the court lacked jurisdiction to consider whether USCIS failed to comply with disclosure requirements under 8 CFR §103.2(b)(16) when it revoked the plaintiff-beneficiary’s I-140 petition. The court also held that the plaintiff could not port his I-140 to subsequent employers, because the I-140 was not …
The BIA ruled that the 10 years of continuous physical presence required by 8 CFR §1240.66(c)(2) for an individual seeking special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA) should be measured from the individual’s most recently incurred ground of removal, at least where that ground is among those …
The U.S. Supreme Court rejected a request from Texas and other states for a 30-day extension to file briefs in support of the lawsuit to block President Obama’s executive actions on immigration. Instead, the Court accepted DOJ’s request for a shortened eight-day extension, making it possible for the Court to decide the case in the …
The White House released a fact sheet on the Visa Waiver Program (VWP), including information on new security changes announced yesterday. The fact sheet states that DHS will immediately take steps to modify its Electronic System for Travel Authorization (ESTA) applications to capture information from VWP travelers regarding any past travel to countries constituting a …
BALCA held that an American Competitiveness and Workforce Improvement Act (ACWIA) wage for an institution of higher education may sample only other institutions of higher education pursuant to the regulations. Accordingly, BALCA overruled the prevailing wage determination (PWD) made by the Center Director (CD) and remanded, finding that the CD’s insistence that the employer provide …
E1 E2 visas E2 visa Attorney E2 Visa approved for investor and spouse Hire an experienced Lawyer