Thursday, May 2nd, 2013
Supreme Court says Drug Distribution is Not Automatically an Aggravated Felony The Supreme Court holds that if a noncitizen’s conviction for a marijuana distribution offense fails to establish that the offence involved either remuneration or more than a small amount of marijuana, then it is not an aggravated felony under the INA.
Monday, April 29th, 2013
En Banc Panel Resolved BALCA Dispute Over Prevailing Wage Documentation Resolving a panel dispute over whether an employer’s failure to submit a copy of its request for a prevailing wage determination (PWD) is a substantial failure to provide required documentation under 20 CFR §655.20(b), BALCA found that §656.40(a)’s explicit requirement that employers maintain the PWD issued by
Monday, April 29th, 2013
H-2B Prevailing Wage Methodology: Interim Final Rule (effective April 24, 2013) DHS and DOL published a joint interim final rule revising how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising the methodology by with DOL calculates H-2B prevailing wages. The rule also revises DHS rules to clarify that DHS is the
Monday, April 22nd, 2013
USCIS Announces Citizenship and Integration Grant Opportunity USCIS announced today the availability of the Citizenship and Integration Grant Program, a competitive grant opportunity which promotes immigrant civic integration and prepares permanent residents for citizenship. The program will provide nearly $10 million in funding for citizenship preparation programs in communities across the country. Organizations selected for funding will offer
Monday, April 22nd, 2013
DOS Resolving Technical Issues Uploading DS-160 Photos Some applicants are experiencing problems when attempting to upload a photograph to the DS-160. This is a world-wide issue and a technical team is currently working on a resolution. The DOS advises that refreshing the page should resolve the error and allow an applicant to continue processing their DS-160 visa application.
Monday, April 22nd, 2013
Eight (8) Points from the Senate Immigration Bill Yesterday, Senators introduced s.744, the “Border Security, Economic Opportunity, and Immigration Modernization Act.” Below are eight initial points of interest pulled from the bill’s provisions: 1.) Legalization: Allow noncitizens who are unlawfully present and who entered the US before December 31, 2011 to adjust status to that
Tuesday, April 16th, 2013
US Embassy Announces new I-94 System During April and May, the paper Form I-94 Arrival/Departure Record is to disappear at US ports of entry and will be replaced by an automated system, which will collect the data from the non-immigrant visa holder’s electronic travel record. Because advanced information is only transmitted for air and sea
Tuesday, April 16th, 2013
USCIS Reaches FY 2014 H-1B Visa Cap For the first time since 2008, USCIS has reached the statutory H-1B cap of 65,000 within the first week of the filing period. USCIS has also received more than 20,0000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. On 7
Tuesday, April 16th, 2013
USCIS Temporarily Suspends Adjudications of Most H-2B Petitions following a Court Order Effective 22 March 2013, USCIS temporarily suspended adjudication of most Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to a Court order granting a permanent injunction against the operations of the portion of the DOL
Monday, April 15th, 2013
Immigration Rally Pressuring Congress on Reform
