Employment Based adjustment application quota met for fiscal year

USCIS advised that it has suspended final adjudication of employment-based Form I-485 applications as of today, because the Department of State indicated that the statutory cap has been reached for the employment-based preference categories through the remainder of FY2015, which concludes on September 30, 2015. USCIS stated that it will continue to accept adjustment of status applications that are filed when the applicant’s priority date is earlier than the relevant cut-off date published in the September Visa Bulletin. Final adjudication of employment-based adjustment applications will resume on October 1, 2015, on which date visa numbers will again be available.

Just because you served no time in jail does not mean your not an aggravated felon

The First Circuit upheld the Board of Immigration Appeals, holding that the plain language of INA §101(a)(43) compels the conclusion that a predicate conviction under federal or state law can constitute an aggravated felony even if the petitioner served no term of imprisonment for that crime.

Get Representation in Asylum Hearings as Court just ruled against Applicant

The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence.

Make sure you keep in contact with your Immigration Attorney

The Sixth Circuit interpreted INA §240 as requiring that personal service be made upon a noncitizen whenever practicable, and held that personal service to a represented noncitizen’s counsel may, in certain cases, constitute personal service to the noncitizen. The court upheld the Board of Immigration Appeals, finding that the respondent, who was ordered removed in absentia after failing to appear at a master calendar hearing in his removal proceedings, had received sufficient notice under the INA, where the respondent’s counsel was personally served with written notice of the hearing on the day that he appeared with the respondent in immigration court.

The Certifying Officer can’t simply deny PERM without giving opportunity to explain

BALCA ordered that the denial of a labor certification be reversed and granted certification in a case where it was not clear on the ETA Form 9089 whether the beneficiary met the PERM job requirements, and stated that the certifying officer should have allowed the employer the opportunity to clarify the qualifications.

EB-1 Extraordinary Ability petitions must show evidence related to the field of expertise

The court upheld USCIS’s finding that the area of extraordinary ability defined by the plaintiff was gymnastics coaching, not gymnastics, and that it was reasonable to find evidence that the beneficiary won an Olympic gold medal in gymnastics insufficient

BALCA rules in favor of employee

BALCA ordered that certification be granted, concluding that individuals “matched” by a State Workforce Agency (SWA) to a job order are not considered applicants for the PERM position because they have not affirmatively applied for the job.


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