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Court Orders DOS to Reserve 9,095 Additional Diversity Visas

On September 30, the U.S. District Court for the District of Columbia ordered DOS to reserve 9,095 additional diversity visas for DV-2020 selectees.

BIA Rules That Cancellation of Removal Despite Criminal Conviction Precludes a Later Finding of Deportability Based on the Same Conviction

The BIA ruled that, if a criminal conviction was charged as a ground of removability when cancellation of removal was granted, that conviction cannot serve as the sole factual predicate for a charge of removability in subsequent removal proceedings. 

CE plans to fast-track deportations across the country

Tony Pham, acting head of ICE, said that ICE agents have until October 16 to finish training on a new policy that allows officers to arrest and rapidly deport undocumented immigrants who have been in the US for less than two years. A federal judge blocked this policy in 2019, but in June the D.C. Circuit lifted the preliminary injunction. Under the new policy, ICE officers may use expedited removal across the country to deport undocumented immigrants without a hearing before an immigration judge.

Premium processing fee increase is Congress’ solution to USCIS financial hardship.

After a federal judge enjoined USCIS from drastically increasing their filing fees a week ago, the fee-funded agency is projecting to be in a financial deficit. However, last week Congress enacted the Continuing Appropriations Act, 2021 and Other Extensions Act to immediately require USCIS to use premium processing at $2,500 for case types it previously charged $1,440. The Act also allows USCIS to set new premium fees without going through the typical regulatory process.

USCIS issues interim final rule revising definition of “Specialty Occupation.”

DHS issued an Interim Final Rule (IFR) regarding the H-1B visa program. The rule now restricts the program in several ways, including revising the definition of H-1B specialty occupation to include the requirement of a specific relationship between the required degree field and the duties of the offered position, and restores the requirement that employers provide contracts, work orders, itineraries or similar evidence to prove employer-employee relationship when sending H-1B workers to third party worksites. While this requirement was defeated in federal court, the rule restores the requirement. The IFR takes effect December 7, 2020.

USCIS issues interim final rule revising definition of “Specialty Occupation.”

The Ninth Circuit ruled against DOS in its quest to deny the U.S. citizenship of one of two twins born abroad to a gay married couple. A three-judge panel unanimously affirmed the district court’s decision concluding that 4-year-old Ethan Dvash-Banks is an American citizen despite being conceived with sperm of an Israeli father and being born in Canada using a surrogate mother. The boy’s other father is a U.S. citizen, and the law does not require a child to show a biological relationship if their parents were married at the time of their birthderivative citizenshipcitizenshipborn outside the U.S.USCIS issues interim final rule revising definition of “Specialty Occupation.”DHS issued an Interim Final Rule (IFR) regarding the H-1B visa program. The rule now restricts the program in several ways, including revising the definition of H-1B specialty occupation to include the requirement of a specific relationship between the required degree field and the duties of the offered position, and restores the requirement that employers provide contracts, work orders, itineraries or similar evidence to prove employer-employee relationship when sending H-1B workers to third party worksites. While this requirement was defeated in federal court, the rule restores the requirement. The IFR takes effect December 7, 2020.

Son Born Abroad to Gay Couple Is a U.S. Citizen

The Ninth Circuit ruled against DOS in its quest to deny the U.S. citizenship of one of two twins born abroad to a gay married couple. A three-judge panel unanimously affirmed the district court’s decision concluding that 4-year-old Ethan Dvash-Banks is an American citizen despite being conceived with sperm of an Israeli father and being born in Canada using a surrogate mother. The boy’s other father is a U.S. citizen, and the law does not require a child to show a biological relationship if their parents were married at the time of their birth

USCIS Updates Policy Guidance on TPS and Eligibility for Adjustment of Status Under INA §245(a)

USCIS updated policy guidance in the USCIS Policy Manual confirming that a grant of Temporary Protected Status (TPS) is not admission for INA §245(a) adjustment purposes, clarifying that the applicability of decisions in the Sixth and Ninth Circuits is limited to those jurisdictions, and incorporating Matter of Z-R-Z-C-

DOS Issues Update on Court Order Regarding Presidential Proclamation 10052

DOS announced that, due to the injunction in National Association of Manufacturers v. DHS, any J-1, H-1B, H-2B, or L-1 applicant who is either sponsored (as an exchange visitor) by, petitioned by, or whose petitioner is a member of one of the plaintiffs in the suit is no longer subject to Presidential Proclamation 10052’s entry restrictions. Members are reminded that, while individuals may no longer be subject to the proclamation, they may still face difficulty in obtaining a visa appointment because many embassies and consular posts are not currently operating at full capacity.

ICE Almost Deported Immigrant Woman Who Says She Got Unwanted Surgery While Detained

NPR reports that, as explosive allegations were coming to light about immigrant women who say they’ve been subjected to unwanted hysterectomies and other gynecological procedures while in ICE custody, one of those detainees was put on a plane back to her home country.

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