October 27, 2023

DOS Au Pair Proposed Rule (Advance Copy)

This document is scheduled to be published in the Federal Register on 10/30/2023 "The U.S. Department of State (“Department of State”) proposes to amend existing Exchange Visitor Program regulations governing the Au pair category to clarify and modernize the au pair program, by, among other things, restructuring the child care and educational components, replacing the EduCare program with the part-time...

October 26, 2023

USCIS Extends Parole by Two Years for Certain Afghan Nationals Under Age 14

USCIS, Oct. 26, 2023 "USCIS announced today that we will consider two-year extensions of the initial parole period on a case-by-case basis for certain Afghan nationals who: Were paroled into the United States between July 30, 2021, and Sept. 30, 2022, with an OAR or PAR class of admission; Were under 14 years old as of Sept. 26, 2023; and As of Sept. 26, 2023, have not yet filed: Form I-131, Application...

October 26, 2023

USCIS Updates Guidance on EB-5 Regional Center Program

USCIS, Oct. 26, 2023 "We are updating the USCIS Policy Manual with new guidance on the EB-5 Regional Center Program and new content on regional center designation and obligations, project applications, and direct and third-party promoters. This update incorporates changes from the EB-5 Reform and Integrity Act of 2022 into the Policy Manual, building on the initial update that incorporated such changes on Oct...

October 25, 2023

Cyrus Mehta: The Pros and Cons of the Proposed H-1B Rule

Cyrus Mehta, Oct. 23, 2023 "The Department of Homeland Security (DHS) plans to amend its H-1B regulations “governing H–1B specialty occupation workers to modernize and improve the efficiency of the H–1B program, add benefits and flexibilities, and improve integrity measures.” The notice of proposed rulemaking (NPRM), expected to be published in the Federal Register on October 23, 2023, would...

October 24, 2023

Presidential Determination on Refugee Admissions for Fiscal Year 2024 (Advance Copy)

This document is scheduled to be published in the Federal Register on 10/25/2023 "T H E W H I T E H OU S E W A S H I N G T O N S e p t e m b e r 2 9, 2 0 2 3 P r e s i d e n t i a l D e t e r m i n a t i o n N o . 2 0 2 3 - 1 3 MEMORANDUM FOR THE SECRETARY OF STATE SUBJECT: Presidential Determination on Refugee Admissions for Fiscal Year 2024 By the authority vested in me as President by the Constitution...

October 24, 2023

Presidential Determination with Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons (Advance Copy)

This document is scheduled to be published in the Federal Register on 10/25/2023 "T H E W H I T E H OU S E W A S H I N G T O N S e p t e m b e r 2 9 , 2 0 2 3 P r e s i d e n t i a l D e t e r m i n a t i o n N o . 2 0 2 3 - 1 4 MEMORANDUM FOR THE SECRETARY OF STATE SUBJECT: Presidential Determination with Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons Consistent with...

October 24, 2023

USCIS Issues Policy Guidance Regarding the 2-Year Foreign Residence Requirement for the J Nonimmigrant Classification

USCIS, Oct. 24, 2023 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance (PDF, 275.62 KB) in the USCIS Policy Manual regarding the 2-year foreign residence requirement for the nonimmigrant exchange visitor (J) classification . The update adds information about how USCIS determines whether the requirement has been met, the evidence a benefit requestor may submit to show compliance with...

October 23, 2023

Matter of Brathwaite, 28 I&N Dec. 751 (BIA 2023)

Matter of Brathwaite, 28 I&N Dec. 751 (BIA 2023) Because an appeal accepted under section 460.30 of the New York Criminal Procedure Law is classified as a direct appeal, a respondent with a pending appeal under this section does not have a final conviction for immigration purposes. Brathwaite v. Garland, 3 F.4th 542 (2d Cir. 2021) , followed. [Hats off to John Peng !]

October 21, 2023

New L-1 Sole Proprietor Guidance from USCIS

USCIS, Oct. 20, 2023 "U.S. Citizenship and Immigration Services has issued policy guidance (PDF, 311.12 KB) in the USCIS Policy Manual clarifying that a sole proprietorship may not file a petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner. This Policy Manual update affirms the existing guidance. The update distinguishes a...

October 21, 2023

H-1B Proposed Rule (Advance Copy)

This document is scheduled to be published in the Federal Register on 10/23/2023 "The U.S. Department of Homeland Security (DHS) proposes to amend its regulations governing H-1B specialty occupation workers to modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures. Some of the proposed provisions would narrowly impact other nonimmigrant classifications...

October 17, 2023

DOS Final Rule: Public Access to Information (Advance Copy)

This document is scheduled to be published in the Federal Register on 10/18/2023 "The Department of State (the Department) finalizes the proposed rule it published on March 3, 2020, relating to the availability to the public of information that is under the control of the Department. These changes were prompted by changes in the law governing disclosure of such information, including the Freedom of Information...

October 15, 2023

USCIS Reaches H-2B Cap for First Half of FY 2024

USCIS, Oct. 13, 2023 "U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year (FY) 2024. Oct. 11, 2023 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2024. USCIS will reject new cap-subject H-2B petitions...

October 13, 2023

Growing Numbers of Afghan Migrants Face Deportation in Court

Austin Kocher, Ph.D., Oct. 13, 2023 "The number of Afghan immigrants facing deportation in immigration court spiked in fiscal year 2023 to a total so far of 5,434 up from just 610 in FY 2022. The growing numbers of Afghans in immigration court mirrors the overall upward trend in new deportation cases which grew from about 820,000 in FY 2022 to 1.27 million in FY 2023 based on data through the end of August that...

October 12, 2023

Ports of Entry Are Issuing More Notices to Appear Than Ever Before

TRAC, Oct. 11, 2023 "In July 2023, Customs and Border Protection (CBP) officers at ports of entry across the United States issued a record number of Notices to Appear—44,900 in total—to immigrants who were found inadmissible under U.S. law. Noncitizens who are attempting to enter the United States may be found inadmissible for a variety of reasons, and an inadmissibility determination does not necessarily...

October 11, 2023

USCIS Provides Additional Guidance for EB-5 Required Investment Timeframe and Investors Associated with Terminated Regional Centers

USCIS, Oct. 11, 2023 "We are providing additional guidance on our interpretation of changes to the EB-5 program in the Immigration and Nationality Act (INA) made by the EB-5 Reform and Integrity Act of 2022 (RIA) , specifically the required investment timeframe and how we treat investors who are associated with a terminated regional center. This guidance clarifies the required investment timeframe for EB-5 investors...

October 10, 2023

ICE Imposes Guardrails On Use of Red Notices Against Noncitizens in Removal Proceedings

Cyrus D. Mehta and Jessica Paszko, Oct. 10, 2023 "A Red Notice is a request to locate and provisionally arrest an individual pending extradition, which INTERPOL issues at the request of a member country or an international tribunal based on a valid national arrest warrant. A Red Notice does not establish that the person has been convicted of a crime. It is based on the word of the government that issued the arrest...

October 10, 2023

Arthrex Triggers OCAHO IFR (Advance Copy)

EOIR - Sept. 30, 2023 "The Department of Justice ("Department") is revising its regulations to provide that the Attorney General may, in his discretion, review decisions and orders of Administrative Law Judges ("ALJs") in the Office of the Chief Administrative Hearing Officer ("OCAHO") in cases arising under section 274B of the Immigration and Nationality Act ("INA" or ''the...

October 10, 2023

EOIR Job Opening: Attorney Advisor, Office of Policy

EOIR, Oct. 10, 2023 "This position is located in the Office of Policy, Executive Office for Immigration Review, U. S. Department of Justice. Incumbent serves as Attorney Advisor provides advise on legal matters with respect to international, federal, state, and local laws, as well as Department of Justice policies, regulations and directives relating to development and implementation of EOIR practices, policies...

October 09, 2023

Visa Bulletin for November 2023

Visa Bulletin for November 2023

October 09, 2023

Round Table Files Amicus Brief in M.A. v. Mayorkas

Round Table amicus brief, M.A. v. Mayorkas

October 06, 2023

DOS Reverts to Pre-10-11-19 Public Charge Rule

State Department, Oct. 6, 2023 "The State Department’s regulation governing the public charge grounds of visa ineligibility has been restored to the version that was in place prior to October 11, 2019. On October 11, 2019, the Department published an interim final rule (IFR), which substantially revised the regulations governing the grounds. The IFR was enjoined by the District Court for the Southern District...

October 06, 2023

Round Table Files Amicus Brief in East Bay v. Biden

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT EAST BAY SANCTUARY COVENANT, et al., Plaintiffs-Appellees, v. JOSEPH R. BIDEN, President of the United States, et al., Defendants-Appellants. On Appeal from the United States District Court for the Northern District of California Case No. 4:18-cv-06810-JST BRIEF FOR AMICI CURIAE FORMER IMMIGRATION JUDGES & FORMER MEMBERS OF THE BOARD OF IMMIGRATION...

October 06, 2023

TPS for Cameroon Extended, Redesignated

This document is scheduled to be published in the Federal Register on 10/10/2023 - "Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Cameroon for Temporary Protected Status (TPS) for 18 months, beginning on December 8, 2023, and ending on June 7, 2025. This extension allows existing TPS beneficiaries to retain...

October 04, 2023

ICE Updates Red Notice Guidance

ICE, Sept. 29, 2023 "U.S. Immigration and Customs Enforcement (ICE) today announced new agency-wide guidance about the use of Red Notices and Wanted Person Diffusions, as part of its commitment to comply with the requirements of INTERPOL’s Constitution and Rules on the Processing of Data. ICE Directive 15006.1 codifies and strengthens the agency’s best practices and supports the U.S. Department of Homeland...

October 04, 2023

2024 Refugee Admissions

White House, Sept. 29, 2023 "Memorandum on Presidential Determination on Refugee Admissions for Fiscal Year 2024 Presidential Determination No. 2023-13 MEMORANDUM FOR THE SECRETARY OF STATE SUBJECT: Presidential Determination on Refugee Admissions for Fiscal Year 2024 By the authority vested in me as President by the Constitution and the laws of the United States, in accordance with section 207 of the...