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| Latest Immigration Headlines |
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March 11th, 2010
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Wednesday, February 3, 2010
Judge won't dismiss suit over US citizen detention - 02/03/10
"A federal judge has rejected a government request to dismiss a lawsuit by a U.S. citizen who was locked up for seven months at an immigration center. Army veteran Rennison Castillo claims officials failed to act on his pleas in 2005 to check his military record and Social Security number. It wasn't until immigration attorneys stepped in that his citizenship was confirmed and he was freed." AP, Feb. 2, 2010. [ more ]
Tuesday, January 26, 2010
A conditional permanent resident who is seeking to remove the conditional basis of that status and who has timely filed the petition and appeared for the interview does not need a separate section 216(c)(4) hardship waiver if the petitioning spouse died during the 2-year conditional period - 01/26/10
A conditional permanent resident under section 216(a) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(a) (2006), who is seeking to remove the conditional basis of that status and who has timely filed the petition and appeared for the interview required under section 216(c)(1), does not need a separate section 216(c)(4) hardship waiver if the petitioning spouse died during the 2-year conditional period. [ more ]
Friday, January 22, 2010
Board of Immigration Appeals (BIA) holds that Immigration Judges have authority to determine whether the validity of an alien’s approved employment-based visa petition is preserved under section 204(j) of the Immigration and Nationality Act, - 01/22/10
In Matter of MARCAL NETO, Interim Decision #3669, 25 I&N Dec. 169 (BIA 2010) - the BIA held that Immigration Judges have authority to determine whether the validity of an alien’s approved employment-based visa petition is preserved under section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j) (2006), after the alien’s change in jobs or employers. Matter of Perez Vargas, 23 I&N Dec. 829 (BIA 2005), overruled.
[ more ]
Thursday, January 21, 2010
USCIS Notice: Designation of Haiti for Temporary Protected Status + Q & A - 01/21/10
"The Department of Homeland Security announces that the Secretary of Homeland Security (Secretary) has designated Haiti for temporary protected status (TPS) for a period of 18 months. DHS Secretary, Janet Napolitano, has determined that an 18-month designation of Temporary Protected Status (TPS) for Haiti is warranted because of the devastating earthquake and aftershocks which occurred on January 12, 2010. As a result, Haitians in the United States (and other individuals without nationality who last habitually resided in Haiti) are unable to return safely to their country. DHS will continue to work with other branches of the United States Government to closely monitor developments in Haiti to determine the need for additional action. United States Citizenship and Immigration Services (USCIS) will efficiently and timely process immigration applications for TPS filed by nationals of Haiti. DHS estimates that approximately 100,000 to 200,000 individuals will be eligible for TPS. See below for Q & A. [ more ]
U.S. Supreme Court Upholds Access to Federal Courts for Immigrants Facing Deportation - 01/21/10
"Heartland Alliance’s National Immigrant Justice Center welcomes today’s U.S. Supreme Court ruling preserving the right to judicial review for immigrants facing deportation. The Court ruled in Kucana v. Holder that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration courts refuse to do so."
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US lifts Bush-era ban on two Muslim scholars - 01/21/10
"The US State Department said Wednesday it has lifted an effective Bush-era ban on Muslim scholars Adam Habib and Tariq Ramadan, saying neither is deemed a security threat to the United States." AFP, Jan. 20,
[ more ]
Thursday, January 14, 2010
Department of Homeland Security (DHS) Halts Removals to Haiti - 01/14/10
On January 13, 2010, DHS Secretary Janet Napolitano and ICE Secretary John Morton halted all removals to Haiti for the time being in response to the devastation caused by the earthquake on January 12, 2010. [ more ]
USCIS Memo on Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements - 01/14/10
U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty 0ccupation’ classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The memorandum is titled: “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements In addition to clarifying the requirements for a valid employer employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period. [ more ]
Wednesday, January 13, 2010
USCIS Announces 18-Month Extension of Temporary Protected Status for Sudan - 01/13/10
On December 30, 2009, USCIS announced that the DHS will extend Temporary Protected Status (TPS) for nationals of Sudan from the current expiration of May 2, 2010, to the new expiration date of Nov. 2, 2011. [ more ]
USCIS Memo on Extension of Validity of Medical Certifications on Form I-693 - 01/13/10
This December 30, 2009, memorandum from Donald Neufeld, Acting Associate Director of Domestic Operations, USCIS, temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status applicants. [ more ]
ICE Announces SEVIS II Project Update - 01/13/10
On January 4, 2010, ICE announced that SEVIS II will not go online in February 2010. While the project continues to progress, circumstances are causing the current timeline to change.
[ more ]
USCIS Q&As on Vaccine Requirements and Removal of HIV From List of Communicable Diseases - 01/13/10
On January 5, 2010, USCIS issued a list of questions and answers to provide basic information about the general vaccination requirements for immigrants (including individuals seeking adjustment of status), and specifically about the assessment made by the civil surgeon to determine whether an applicant meets the vaccination requirements. [ more ]
Department of Labor (DOL) ETA Prevailing Wage Determination Policy Guidance - 01/13/10
On January 4, 2010, DOL posted updated Prevailing Wage Determination Policy Guidance for use in the Nonagricultural Immigration Programs. The guidance addresses the H-2B regulation published in December 2008, and the corresponding changes to PERM, H-1B, H-1B1, H-1C, and E-3 regulations governing temporary professional, nonagricultural or registered nursing programs. The DOL also posted Frequently Asked Questions on the filing and processing of Prevailing Wage Determination (PWD) requests. OFLC National Prevailing Wage and Helpdesk Center is currently accepting for processing PWD requests for use in H-1B, H-1B1, H-2B, E-3, and permanent labor certification programs, as well as requests for use in the CNMI. [ more ]
Thursday, December 17, 2009
President Obama warns against turning away the 'best and the brightest' Without mentioning H-1B, Obama's says top foreign students should be welcomed in U.S. - 12/17/09
At the White House jobs summit on December 3, 2009, President Barack Obama warned against closing the door on foreign students, calling them one of the country's "greatest competitive advantages." It's possible, he said, that some of those who choose to stay in the U.S. could end up creating "extraordinary businesses" like Intel Corp. [ more ]
Obama administration to Stop Detaining Asylum Seekers - 12/17/09
"The Obama administration says it will stop detaining asylum seekers who have a credible fear of persecution in their home countries." [ more ]
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