CBP Announces Discontinuation of H-2A and H-2B Visa Exit Program Pilot

CBP notice announcing the discontinuation of the H-2A and H-2B Temporary Worker Visa Exit Program Pilot, which implemented a land-border exit system for certain temporary workers who entered the U.S. at certain AZ ports, effective September 29, 2011.

The 10/28/11 Deadline for Certain Widow(er)s to File I-360 Is Fast Approaching (Updated 9/29/11)

The two-year marriage rule for widow(er)s of U.S. citizens was abolished, but widow(er)s must file an I-360 by October 28, 2011 if the marriage was less than two years old at the time of death, and the death occurred prior to October 28, 2009.

District Court Blocks Portions of Alabama HB 56; Allows Key Parts to Stand

On 9/28/11 the district court blocked portions of Alabama HB 56 from taking affect, including provisions that make it a crime for illegal residents to apply for a job, but let key portions stand, including those which allow police and schools to ask about immigration status.

DOS to Open DV-2013 Registration on 10/4/11

DOS press release announcing that the 2013 Diversity Visa Program (DV-2013) will open at noon (EDT) on Oct. 4, 2011, and will close at noon (EDT) on Nov. 5, 2011. Applicants must submit their entries electronically. Additional information on DV-2013 is provided.

DOL Final Rule Delaying the Effective Date of the Wage Methodology for the H-2B Program

DOL final rule announcing that ETA is postponing the effective date of the Wage Methodology for the H-2B Program for a period of 60-days, until 11/30/11, due to pending legal challenges.

CA9 Finds ELF Is a Terrorist Organization; Grants Deferral under CAT

The court upheld the BIA’s findings that the Eritrean Liberation Front is a Tier III terrorist organization and that Petitioner engaged in terrorist activities, but finding the possibility of torture more likely than not, granted deferral.

CA7 Rejects Asylum Claim Based on Fear of Retribution from Co-Defendants

The court rejected Petitioners’ claim that the U.S. must grant them asylum because it placed them in danger by inducing their cooperation in a criminal visa fraud case, noting that the S visa might be more appropriate.

CA2 Says Petitioner’s Undocumented Husband Was “Available” to Testify

The court held that Petitioner’s undocumented husband was “available” to testify despite his fear of apprehension, noting that he would have been eligible for derivative asylum status and had every incentive to testify on his wife’s behalf. (Chen v. Holder, 9/23/11)

CA3 Says Ten-Year Bar to Admissibility Trumps §245(i) Adjustment

The court gave deference to the BIA’s reasonable statutory interpretation that the ten-year bar under INA §212(a)(9)(B)(i)(II) precludes adjustment of status under INA §245(i) and denied the petition for review.

DOL Delays Revision of the Wage Methodology for the H-2B Program

DOL press release announcing that it will postpone the effective date of the H-2B wage methodology final rule for a period of 60 days, from 9/30/11 to 11/30/11. The postponement is intended to avoid administering the H-2B program under potentially conflicting court orders.

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