August 19, 2024

The Perils of Claiming the Foreign Earned Income Exclusion When Sponsoring an Immigrant on an Affidavit of Support

Cyrus D. Mehta and Kaitlyn Box, Aug. 19, 2024 "Although most U.S. citizens and lawful permanent residents must pay U.S. taxes on their worldwide income, the foreign earned inclusion exclusion (“FEIE”) allows some U.S. citizens and residents to exempt income earned outside the country from U.S. taxes. In order to avail of the FEIE, the taxpayer must be “a U.S. citizen who is a bona fide resident...

August 19, 2024

EOIR Announces EOIR University

EOIR, Aug. 19, 2024 "The Executive Office for Immigration Review (EOIR) today announced it has opened a training facility in Los Angeles, which will serve EOIR stakeholders, as well as agency adjudicators and staff. EOIR recognizes the immense value of legal representation in immigration proceedings, both to the individuals who come before our courts and to the efficiency of our hearings. Today, as part of the...

August 19, 2024

CA1 on Corroboration, Waiver: Rosa v. Garland

Rosa v. Garland "[W]e vacate the BIA's decision as to Rosa's application for adjustment of status and remand to the BIA to consider these questions of "corroboration" under Arreguin, the answers to which will elucidate whether denying Rosa discretionary relief after giving the police report substantial weight is permissible under Arreguin. ... [W]e [also] vacate the BIA's decision as to waiver...

August 16, 2024

DOS: Annual Limits Reached in EB-3, EW and EB-5 Unreserved Categories

DOS, Aug. 16, 2024 - "The State Department, working in close collaboration with U.S. Citizenship and Immigration Services, is pleased to announce the issuance of all legally available visas in the Employment-Based Third Preference (EB-3) and Other Workers (EW) categories for fiscal year (FY) 2024. Maximizing these visas facilitates legitimate travel for essential workers across many industries that greatly benefit...

August 16, 2024

DDC Decision: Challenging 6C by DHS Post-Visa Refusal - Ranjan v. DHS

Adam Rosen writes: "I am excited to share a decision from DDC Judge AliKhan denying the government’s Motion to Dismiss a complaint challenging a 6C finding secretly made by DHS against my client but that she only learned of when the Mumbai Consulate refused her H1B Visa. The government attempted the whole consular nonreviewability thing but the court saw through that and also distinguished the following cases...

August 16, 2024

Interesting Unpub. BIA Remand: IJ Misconduct

W. John Yahya Vandenberg writes: "We just got this remand decision for a detained case in Houston (IJ McPhail), and thought it might be of interest to your readers. The Board clearly was not happy with the manner in which the judge conducted the hearing, and justifiably so. This was a team effort. Jordan Lane and Joe Hohenstein authored the brief on our client's behalf."

August 15, 2024

BIB Daily PERM Practice Tip: Keeping Up to Date with Forms 9089 and 9141 (Aug. 15, 2024)

BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping the Future of PERM.” Questions or comments may be sent to Ron at ron.wada@tandslaw.com. The DOL has posted PDF versions of the current Form 9089 Application for Permanent Labor Certification, the Form 9141...

August 15, 2024

OFLC Releases Public Disclosure Data and Selected Program Statistics for Q3 of Fiscal Year 2024

OFLC, Aug. 15, 2024 "The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2024) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs. The public disclosure files include all final determinations...

August 15, 2024

CA9 on Collateral Consequences: Bent v. Garland

Bent v. Garland (2-1) "This is a rare case: both the government and Petitioner Claude Bent seek remand so that the Board of Immigration Appeals (“BIA”) can reassess its decision denying Bent’s motion to reopen removal proceedings. Bent moved to reopen his removal proceedings after a California court, acting under California Penal Code § 1473.7(a)(1), vacated the conviction that formed the...

August 14, 2024

Federal Court Rules for Case to Move Forward in Challenging ICE’s “Extreme” Abdication of Responsibility Over Misappropriated Detention Funds

NJIC, Aug. 12, 2024 "A federal court in the Southern District of Indiana has ruled for the second time that individuals who suffered flooded cells and poor sanitation at the Clay County Jail can move forward with their lawsuit against Immigration and Customs Enforcement (ICE). The Court determined that the individuals’ arguments that ICE allowed Clay County to openly misuse funds meant to ensure that noncitizens...

August 14, 2024

Job Openings, Miami, Americans for Immigrant Justice

AIJustice.org "Americans for Immigrant Justice (AI Justice – formerly FIAC), a not-for-profit law firm founded in 1996 to protect and promote the basic human rights of immigrants, has a multicultural and a multilingual staff. AI Justice has represented clients from around the world and is recognized as a powerful advocate and national leader for immigrants' rights. AI Justice works closely with traditional...

August 14, 2024

OFLC Provides Materials on the 2024 Farmworker Protection Final Rule Webinar on New Forms and Helpful Filing Tips

OFLC, Aug. 14, 2024 "On August 7, 2024, the Department of Labor hosted a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A program made by the 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar received helpful tips on the new forms, filing instructions, and explanation of the transition process. The Final Rule became...

August 12, 2024

CA6 on Domestic Violence: Tista-Ruiz de Ajualip, et al. v. Garland

Tista-Ruiz de Ajualip, et al. v. Garland "The Board issued a separate opinion on the asylum claim that acknowledged a significant change in precedent since the IJ’s decision, but the Board affirmed instead of remanding for further review. The Board summarily affirmed the denial of Marta’s withholding claim. Because the Board’s denial of asylum and withholding of removal is inconsistent with this...

August 10, 2024

CA11 on Denaturalization: USA v. Muñoz

USA v. Muñoz "Three years after becoming a United States citizen, Melchor Munoz pleaded guilty to a drug-conspiracy offense, admitting under oath that he began trafficking marijuana in 2008. The government filed this action to denaturalize Munoz under 8 U.S.C. § 1451(a), alleging that he illegally procured his citizenship in 2009 because his prior participation in the drug conspiracy made him statutorily...

August 09, 2024

Visa Bulletin For September 2024

Visa Bulletin For September 2024

August 08, 2024

“Particularly Serious Crime” Bars Resource

IDP, HIRCP, Aug. 2024 Particularly Serious Crime” Bars on Asylum and Withholding of Removal: Legal Standards and Sample Case Law Determinations "This resource is meant to assist in the legal representation of (1) noncitizens in criminal proceedings facing a criminal charge that, upon conviction, could bar asylum or withholding of removal and (2) non-citizens with a past criminal conviction seeking such...

August 08, 2024

Passport Restriction Extension

Federal Register / Vol. 89, No. 153 / Thursday, August 8, 2024 "On September 1, 2017, all U.S. passports were declared invalid for travel to, in, or through the Democratic People’s Republic of Korea (DPRK), unless specially validated for such travel. The restriction was extended for one year in 2018, 2019, 2020, 2021, 2022, and 2023 and, if not renewed, the restriction is set to expire on August 31, 2024...

August 07, 2024

OFLC Announces Final Decommission of the Permanent Online System

OFLC, Aug. 7, 2024 "The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders the legacy Permanent Online System, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on December 1, 2024. As part of the Department's technology modernization initiative...

August 06, 2024

CA9 on Jurisdiction: Nakka v. USCIS

Nakka v. USCIS Plaintiffs' counsel Brent Renison reports: "The Ninth Circuit has extended the Supreme Court’s interpretation of § 1252(a)(2)(B) in Patel v. Garland , 596 U.S. 328 (2022) to constitutional and collateral APA claims to rule that purely legal challenges to adjustment of status practices and procedures require the plaintiff to apply for adjustment of status, be denied, be placed in removal...

August 06, 2024

Emami Litigation - Notice to Class Members

State Department, Aug. 2, 2024 "The U.S. District Court for the Northern District of California has certified a class in the consolidated cases Farangis Emami, et al. v. Alejandro Mayorkas, et al. , No. 18-cv-01587-JD, and Pars Equality Center, et al. v. Antony Blinken, et al. , No. 18-cv-07818-JD, to allow certain visa applicants who were refused visas under Presidential Proclamation 9645 (“P.P. 9645”...

August 02, 2024

CA5 Amicus Brief: Texas v. DHS

BRIEF OF FORMER EXECUTIVE BRANCH OFFICIALS AS AMICI CURIAE IN SUPPORT OF DEFENDANTS-APPELLEES AND AFFIRMANCE "Amici are former officials of the Department of State, Department of Homeland Security, Immigration and Naturalization Service, and other federal departments and agencies who served in both Republican and Democratic administrations. Amici may differ in their views of the parole processes for nationals of...

August 02, 2024

CA9 on Persecution: Kumar v. Garland

Kumar v. Garland "Sandeep Kumar, a native and citizen of India, petitions for review of the final order of the Board of Immigration Appeals (BIA), which dismissed his appeal of the decision by the Immigration Judge (IJ) to deny his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Among other things, the BIA agreed with the IJ’s conclusion that Kumar...

August 02, 2024

CADC on H-4 EADs: Save Jobs USA v. DHS

Save Jobs USA v. DHS "The Department of Homeland Security issued a rule that allows certain visa holders to work in the United States. Save Jobs USA challenged the rule, arguing that DHS exceeded its authority under the Immigration and Nationality Act. See 8 U.S.C. § 1101 et seq., see also 8 U.S.C. §§ 1103(a)(3), 1184(a)(1). But this court has already interpreted the relevant provisions of the INA...

August 01, 2024

BIB Daily PERM Practice Tip: August 1, 2024

BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping the Future of PERM.” Questions or comments may be sent to Ron at ron.wada@tandslaw.com. Copyright 2024 Ron Wada, All Rights Reserved. How to describe travel requirements for roving employees on the DOL Form...

July 31, 2024

Deeply Divided En Banc CA5 on the Navigability of the Rio Grande: USA v. Abbott

USA v. Abbott Majority: "[W]e hold that the district court clearly erred in finding that the United States will likely prove that the barrier is in a navigable stretch of the Rio Grande." Dissents: "The majority’s novel test not only departs from precedent, but also creates a definition of navigability specific to rivers that inexplicably excludes trade and travel between states or foreign countries...