October 03, 2023

HHS Proposed Rule: Unaccompanied Children Program Foundational Rule

This document is scheduled to be published in the Federal Register on 10/04/2023 "This NPRM proposes to adopt and replace regulations relating to the key aspects of the placement, care, and services provided to unaccompanied children referred to the Office of Refugee Resettlement (ORR), pursuant to ORR’s responsibilities for coordinating and implementing the care and placement of unaccompanied children who...

October 03, 2023

CA11 Remand: Kemokai v. Atty. Gen.

Kemokai v. Atty. Gen. "The Board of Immigration Appeals ruled that Mucktaru Kemokai is removable as an aggravated felon and denied his requests for asylum and withholding of removal. Mr. Kemokai petitions for review, arguing that his Massachusetts conviction for armed robbery does not constitute a “theft offense” within the meaning of 8 U.S.C. § 1101(a)(43)(G), and therefore is not an “aggravated...

September 30, 2023

BIA Case Completion Data, 2019-2023

EOIR provided these slides in response to my FOIA request.

September 30, 2023

EOIR Director's Memo: Prosecutorial Discretion

EOIR, Sept. 28, 2023 "This Director’s Memorandum (DM) provides guidance to Executive Office for Immigration Review (EOIR) adjudicators on the enforcement priorities and exercises of prosecutorial discretion of the Department of Homeland Security (DHS). This DM is being issued in light of: (1) a memorandum by Secretary Alejandro N. Mayorkas entitled Guidelines for the Enforcement of Civil Immigration Law ...

September 30, 2023

DV-2025 Registration Begins Oct. 4, 2023

State Department "DV-2025 Program: The online registration period for the DV-2025 Program begins on Wednesday, October 4, 2023, at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4) and concludes on Tuesday, November 7, 2023, at 12:00 noon, Eastern Standard Time (EST) (GMT-5). Submission of more than one entry for a person during the registration period will disqualify all entries for that person. DV-2025 Program...

September 28, 2023

Employment Authorization Document Validity Period for Certain Categories: USCIS Policy Alert

USCIS, Sept. 27, 2023 "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding maximum validity periods for Employment Authorization Documents (EADs, Form I-766) issued to refugees and asylees, noncitizens paroled as refugees, noncitizens granted withholding of removal, noncitizens with pending applications for asylum or withholding of removal, noncitizens...

September 27, 2023

Advance Copy of DHS Final Rule: Designation of Israel for the Visa Waiver Program

This document is scheduled to be published in the Federal Register on 09/29/2023 "Eligible citizens, nationals, and passport holders from designated Visa Waiver Program countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant noncitizens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise...

September 26, 2023

CA3 on Divisibility: Pesikan v. Atty. Gen.

Pesikan v. Atty. Gen. "Petitioner Srecko Pesikan argues that the Board of Immigration Appeals (“BIA”) erred in concluding that his 2018 Pennsylvania conviction for driving under the influence (“DUI”) of marijuana constituted an offense involving a “controlled substance,” as defined in the federal Controlled Substances Act (“CSA”), thereby rendering him removable under...

September 25, 2023

USCIS Exempts Biometric Services Fee for all Form I-539 Applicants

USCIS, Sept. 25, 2023 "U.S. Citizenship and Immigration Services (USCIS) today announced that it is exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status. Beginning Oct. 1, we are exempting the $85 biometric services fee as part of the application process for Form I-539. You do not need to pay the fee if your application is postmarked Oct. 1 or later. However, if...

September 25, 2023

"Many" Immigration Judge Positions Open

[What cities? How many?] EOIR, Sept. 25, 2023 Salary: $149,644 - $195,000 per year Travel: 50% or less - You may be expected to travel for this position Application Deadline: Friday, October 6, 2023 Relocation Expenses: Not authorized Number of Positions: Many

September 22, 2023

TPS for Afghanistan Extended, Redesignated

This document is scheduled to be published in the Federal Register on 09/25/2023 - "Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months, beginning on November 21, 2023, and ending on May 20, 2025. This extension allows existing TPS beneficiaries to...

September 21, 2023

DOJ Secures Agreement with UPS to Resolve Immigration-Related Employment Discrimination Claims

DOJ, Sept. 21, 2023 "The Justice Department announced today that it has secured a settlement agreement with United Parcel Service Inc. (UPS). The settlement resolves the department’s determination that UPS violated the Immigration and Nationality Act (INA) when the company discriminated against a lawful permanent resident based on his immigration status and then retaliated against him. The department also...

September 21, 2023

TPS for Venezuela Extended, Redesignated

DHS, Sept. 20, 2023 "Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Venezuela for Temporary Protected Status (TPS) for 18 months, due to extraordinary and temporary conditions in Venezuela that prevent individuals from safely returning. After reviewing the country conditions in Venezuela and consulting with interagency partners, Secretary Mayorkas determined...

September 19, 2023

H-2 Visas: Proposed Rule

This document is scheduled to be published in the Federal Register on 09/20/2023 "The Department of Homeland Security (DHS) proposes to amend its regulations affecting temporary agricultural (H-2A) and temporary nonagricultural (H2B) nonimmigrant workers (H-2 programs) and their employers. This notice of proposed rulemaking is intended to better ensure the integrity of the H-2 programs and enhance protections for...

September 18, 2023

Cyrus Mehta: Advance the Dates for Filing!

Cyrus Mehta, Sept. 17, 2023 "The October 2023 Visa Bulletin was disappointing. There was some expectation that the Administration would radically advance the Dates for Filing so that many more could file I-485 adjustment of status application, but that never happened notwithstanding a bipartisan letter signed by more than 50 Congresspersons advocating for this reform. It was hardly any consolation that the India...

September 18, 2023

EOIR Stakeholder WebEx Sept. 21, 2023

EOIR "EOIR to Host National Stakeholder Meeting for Law School Immigration Clinics SUMMARY: The Executive Office for Immigration Review (EOIR) invites faculty, staff, and students from law school immigration clinics to attend a national stakeholder meeting focused on pro bono advocacy. EOIR continues to build upon the guidance in EOIR Director Memorandum 22-01, Encouraging and Facilitating Pro Bono Legal Services...

September 15, 2023

Visa Bulletin for October 2023

Visa Bulletin for October 2023

September 15, 2023

Practice Advisory: Advocating for Prosecutorial Discretion Under the Biden Administration’s Prosecutorial Discretion Guidance

NIPNLG, Sept. 15, 2023 "This practice advisory describes the Biden administration’s current prosecutorial discretion policy in the wake of the Supreme Court’s decision and provides tips for practitioners advocating with DHS for prosecutorial discretion on behalf of noncitizens. Section II gives an overview of the Mayorkas Memo and the litigation challenging it. Section III describes the guidance issued...

September 15, 2023

H-2A Visa News (Sept. 15, 2023)

Here is the 83-page Proposed Rule. Here is the DOL media release. Here is the DOL FAQ.

September 14, 2023

CA3 on PSG: Avila v. Atty. Gen.

Avila v. Atty. Gen. "Avila argues that the BIA failed to consider whether Avila’s particular social group (PSG) was cognizable in light of the specific country conditions in Honduras. We agree and will grant Avila’s petition for reconsideration of her PSG. ... Here, on the other hand, the BIA did not adhere to Matter of A-R-C-G-’s requirement to examine Avila’s PSG within the context of...

September 14, 2023

CA9 on Reasonable Fear Screening: Blancas Hermosillo v. Garland

Blancas Hermosillo v. Garland "In 2018, the Department of Homeland Security (DHS) reinstated a 1999 removal order entered against Petitioner Eric Blancas Hermosillo. Because Blancas Hermosillo expressed a fear of returning to Mexico, an asylum officer conducted a reasonable fear screening interview to determine whether Blancas Hermosillo should be given the opportunity to establish his claims at a merits hearing...

September 13, 2023

Ron Wada: The Nth Degree...Only in BIB!

If you know labor certs, you know Ron Wada . His latest article, " Degree Equivalency and the New Form 9089 " appears in the Sept. 15, 2023 issue of Bender's Immigration Bulletin . The Bulletin is free to subscribers of the " Treatise ," Immigration Law & Procedure (the 22-volume "bible" of immigration law.) It is also available as a stand-alone subscription. Call 1-877-394-8826 to...

September 13, 2023

H-2A Proposed Rule

This document is scheduled to be published in the Federal Register on 09/15/2023 "The Department of Labor (Department or DOL) proposes to amend its regulations governing the certification of temporary employment of nonimmigrant workers employed in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of these nonimmigrant workers. The revisions...

September 12, 2023

USCIS Policy Alert: Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications

USCIS, Sept. 12, 2023 "... This policy update provides additional guidance regarding the evaluation of evidence submitted in support of E11 extraordinary ability and E12 outstanding professor or researcher petitions. Among other revisions, this update incorporates more detailed guidance and examples, similar to previously-issued nonimmigrant guidance for O-1A nonimmigrants of extraordinary ability. ..."

September 12, 2023

USCIS Affirmative Asylum Procedures Manual

USCIS, Aug. 31, 2023 - Affirmative Asylum Procedures Manual