Friday, May 3rd, 2013
Immigration Reform Update On Thursday, May 9th, the Senate Judiciary Committee will begin the process of debating and voting on amendments offered by Senators on the committee. The process will last from six to nine business days over the following two weeks. AILA asks that members submit their case examples relating to due process issues,
Friday, May 3rd, 2013
AAO Grants 212(h) Waiver, Finds Applicant Demonstrated Rehabilitation In an unpublished decision, the AAO granted the 212(h) waiver, finding that, although the applicant had a criminal record in addition to his controlled substance crime, his last criminal conviction took place over 15 years ago.
Friday, May 3rd, 2013
US Court of Appeals Holds that District Court did not have Jurisdiction to Review USCIS Decision The Court upheld the district court’s determination that it did not have jurisdiction to review the decision of USCIS to deny the petitioner’s 212(i) waiver. The USCIS had discretionary authority to deny the Plaintiff-Appellant’s application for a waiver of
Friday, May 3rd, 2013
CBP to Begin Rollout of Automated Form I-94 Arrival/Departure Record CBP issued a press release announcing that the automation of Form I-94 Arrival/Departure Record is now effective which will streamline the admissions process for individuals lawfully visiting the US and provides international visitors evidence they have been lawfully admitted to the US. The Social Security
Friday, May 3rd, 2013
Update on the E-2 Visa for Israeli Nationals In June 2012, President Obama signed into law legislation that adds Israel to the list of countries eligible for E-2 treaty investor visas. Israel nationals remain ineligible for E-2 status, however, due to delays in implementing the new law. At the AILA Annual Conference in Nashville, David
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.
