March 17, 2023

CA9 on Standard of Review: Umana-Escobar v. Garland

Umana-Escobar v. Garland "Josue Umana-Escobar petitions for review of the Board of Immigration Appeals (“BIA”) order upholding the immigration judge’s (“IJ”) denial of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). He also challenges the BIA’s determinations that defects in the Notice to Appear (“NTA”) did not require termination of his proceedings and that the BIA...

March 16, 2023

CA5 AWO Remand: Matei v. Garland

Matei v. Garland (unpub.) "Romulus Matei and Matei’s derivative beneficiary, Madalina Barbu, petition for review of the Board of Immigration Appeals’ (BIA) decision affirming without opinion the immigration judge’s (IJ) denial of Matei’s application for asylum and withholding of removal. Matei claims asylum based on alleged past persecution and a fear of future persecution in Romania because he is of Roma ethnicity...

March 15, 2023

TFR Extension: Asylum Interview Interpreter Requirement Modification Due to COVID-19

This document is scheduled to be published in the Federal Register on 03/17/2023 "The Department of Homeland Security (DHS) is extending, for a fourth time, the effective date (for 180 days) of its temporary final rule that modified certain regulatory requirements to help ensure that USCIS may continue with affirmative asylum adjudications during the COVID-19 pandemic. DATES: This temporary final rule is effective...

March 15, 2023

USCIS Issues Guidance on Analyzing Employers’ Ability to Pay Wages

USCIS, Mar. 15, 2023 "U.S. Citizenship and Immigration Services today issued policy guidance (PDF, 313.21 KB) on how we analyze an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications. Employers seeking to classify prospective or current employees under the first, second, and third preference employment...

March 15, 2023

CA1 on Jurisdiction, FTCA: Kong v. USA

Kong v. USA "Bunthoeun Kong claims that he was improperly arrested and detained by federal immigration officers for the purpose of repatriating him to Cambodia. He now seeks damages from the United States under the Federal Tort Claims Act ("FTCA") for false arrest, false imprisonment, and violation of the Massachusetts Civil Rights Act ("MCRA"). Concluding that 8 U.S.C. § 1252(g) deprived it...

March 14, 2023

Immigration Judge Decisions Overturning Asylum Officer Findings in Credible Fear Cases

TRAC, Mar. 14, 2023 "... On average slightly over 25 percent of IJ decisions over the last 25 years have found that migrants had established having a credible fear of persecution or torture after an asylum officer initially denied the claim. It is important to remember that most credible fear reviews are conducted by asylum officers in US Citizenship and Immigration Services (USCIS). The cases Immigration Judges...

March 14, 2023

H-2A FAQ: Joint Employers (Mar. 14, 2023)

OFLC, Mar. 14, 2023 "U.S. Department of Labor Employment and Training Administration OFFICE OF FOREIGN LABOR CERTIFICATION 2022 H-2A Final Rule FAQs Round 5: Joint Employers March 14, 2023"

March 14, 2023

Update: USCIS Processing Times for Orphan and Hague Adoption Cases

USCIS, Mar. 13, 2023 "On Nov. 2, 2022 USCIS  announced  a change in our method for calculating orphan and Hague adoption  case processing times . In response to this announcement, we received several questions from stakeholders that we address in this FAQ posted on our  USCIS Electronic Reading Room  (PDF, 136.04 KB) . We know that behind every adoption case is a child and a family, and we take this responsibility...

March 14, 2023

CA10 on Clear Error: Caballero-Vega v. Garland

Caballero-Vega v. Garland (unpub., 2-1) "Gerardo Caballero-Vega, a Mexican citizen, entered the United States in 1993 without admission or parole by an immigration officer when he was eight years old. He was removed to Mexico in 2019. Shortly after his removal, Caballero-Vega returned to the United States and applied for asylum, withholding of removal, and protection under the Convention Against Torture. Later...

March 13, 2023

The FAM on CLASS (Consular Lookout and Support System)

9 FAM 303.3 (Feb. 8, 2023) briefly appeared on the web and was captured by astute immigration lawyers before DOS redacted it. We post it here for your edification, with the caveat that, as with all FAM sections, it is subject to constant modification.

March 11, 2023

EADs for Certain Somali F-1 Students

Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 - "This notice announces that the Secretary of Homeland Security (Secretary) is suspending certain regulatory requirements for F–1 nonimmigrant students whose country of citizenship is Somalia, regardless of country of birth (or individuals having no nationality who last habitually resided in Somalia), and who are experiencing severe economic hardship...

March 11, 2023

TPS Extended for Somalia

Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 - "Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Somalia for Temporary Protected Status (TPS) for 18 months, beginning on March 18, 2023, and ending on September 17, 2024. This extension allows existing TPS beneficiaries to retain TPS through September...

March 09, 2023

REAL ID Enforcement Date Extended

Federal Register / Vol. 88, No. 46 / Thursday, March 9, 2023 "On May 3, 2021, DHS published an interim final rule (IFR) extending the card-based enforcement deadline to May 3, 2023. This rule finalizes that IFR and further extends the date for card-based enforcement of the REAL ID regulations from May 3, 2023 until May 7, 2025. Beginning on that date, Federal agencies are prohibited from accepting a state-issued...

March 09, 2023

OFLC AEWR FAQ (Mar. 9, 2023)

OFLC, Mar. 9, 2023 - 2023 H-2A Adverse Effect Wage Rate (AEWR) Final Rule FAQs

March 09, 2023

OFLC AEWR FAQ (Mar. 9, 2023)

OFLC, Mar. 9, 2023 - 2023 H-2A Adverse Effect Wage Rate (AEWR) Final Rule FAQs

March 08, 2023

On Remand, DCAT Granted in Matter of R-A-F-

On remand from Matter of R-A-F-, 27 I&N Dec. 778 (A.G. 2020) , Denver IJ Kerri Calcador granted DCAT on Jan. 26, 2023 . ICE did not appeal. Hats way off to Laura Lunn !

March 08, 2023

Court Blocks Parole + ATD Policy: Florida v. USA

Florida v. USA "After due notice, the Court held a bench trial in this case on January 9-12, 2023. Based on the testimony and evidence presented at the trial, the parties’ oral arguments and post-trial filings (Docs. 155, 156), and the supplemental administrative record for the Parole Plus Alternative to Detention (Parole+ATD) policy (Doc. 87-1), the Court makes the following findings of fact and conclusions of...

March 08, 2023

Practice Alert: Garcia Perez v. USCIS and the Asylum EAD Clock

NWIRP, NILA, Mar. 7, 2023 "What is the Garcia Perez v. USCIS lawsuit and what policies are challenged? Garcia Perez is a lawsuit filed in federal district court by five asylum applicants on behalf of a national class challenging the policies and practices of U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) preventing them from obtaining authorization to work...

March 07, 2023

USCIS on Biometrics Collection

USCIS, Mar. 7, 2023 "This update provides circumstances under which USCIS may offer mobile biometrics collection and biometrics collection at remote locations in coordination with law enforcement agencies or other DHS components. This update, contained in Volume 1 of the Policy Manual, is effective immediately."

March 06, 2023

USCIS Announces Premium Processing; New Online-Filing Procedures for Certain F-1 Students Seeking OPT or STEM OPT Extensions

USCIS, Mar. 6, 2023 "U.S. Citizenship and Immigration Services announced today the expansion of premium processing for certain  F-1 students seeking Optional Practical Training (OPT)  and  F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions  who have a pending  Form I-765, Application for Employment Authorization , and wish to request a premium processing upgrade.  Online...

March 06, 2023

OSHA to Issue U and T Visa Certifications

OSHA, Feb. 13, 2023 "U.S. Secretary of Labor Marty Walsh joined Assistant Secretary for Occupational Safety and Health Doug Parker today to sign a memorandum that gives the Occupational Safety and Health Administration the authority to issue certifications in support of applications for U Nonimmigrant Status and T Nonimmigrant Status visas. "U Visas" and "T Visas" allow victims of specific...

March 06, 2023

DOS Final Rule; Visas; Photographs

Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 "The Department of State is updating its regulation regarding visa applicants’ furnishing of signed photographs as required under Section 221(b) of the Immigration and Nationality Act. These updates reflect changes in technology, including the ability to upload digital photographs electronically as part of the online visa application process. DATES: This...

March 06, 2023

Border Meeting in Las Cruces, Mar. 28, 2023

Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 Regional Meeting of the Binational Bridges and Border Crossings Group in Las Cruces, New Mexico "Delegates from the United States and Mexican governments, the states of New Mexico and Texas, and the Mexican states of Chihuahua, Coahuila, Nuevo Laredo, and Tamaulipas will participate in a regional meeting of the U.S.-Mexico Binational Bridges and Border...

March 03, 2023

A "Home Run" - AILA NJ v. EOIR (WebEx Hearings)

AILA NJ v. EOIR "Plaintiffs commenced this action on July 31, 2020, alleging violations of the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment, seeking an order enjoining Defendants from compelling attorneys to appear at the Newark Immigration Court for in-person proceedings, and seeking an order compelling Defendants to provide attorneys with an option for hearings at the Newark...

March 03, 2023

USCIS Policy Alert: Evaluating Eligibility for O-1B Visa Classification

USCIS, Mar. 3, 2023 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for the O-1B visa classification for nonimmigrants of extraordinary ability in the arts and nonimmigrants of extraordinary achievement in the motion picture or television (MPTV) industry."