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Court Remands to BIA to Apply Correct Standard of Review on Good-Faith Marriage Question

The Second Circuit found the BIA erred in applying the clear-error standard of review, instead of de novo, to the immigration judge’s denial of the petitioner’s application for a good-faith marriage waiver. The court also held the petitioner abandoned his abuse of discretion claim on the Motion to Reopen denial because he failed to adequately argue it in his brief.

Court Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim

Court Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim

The First Circuit denied the petition for review and held the BIA correctly found the petitioner was unable to prove that the Dominican government acquiesced in her domestic abuse. Thus, the petitioner failed to meet the CAT definition of “torture” mandated for deferral of removal.

DOL Provides Update on H‑2B Processing

DOL posted an update on H‑2B processing, including information on how date and time stamps were assigned and why some users continued to see an outage banner after the iCERT system was restored on January 7, 2019.

USCIS Announces Workload Transfer for Certain Forms I-751

USCIS announced the transfer of certain Forms I-751, Petition to Remove Conditions on Residence, from the Vermont Service Center to the Texas Service Center.

USCIS Announces Termination of the Categorical Parole Programs for Certain Individuals Present in the CNMI

USCIS announced that, effective immediately, the categorical Commonwealth of the Northern Mariana Islands (CNMI) parole programs are terminated. The notice states that after any parole authorized through these programs expires, USCIS will not renew that parole. Current parolees who have requested an extension of parole from USCIS will be reviewed on a case-by-case basis and if approved, will receive a letter granting an additional 180-days transitional parole.

DOL Issues Reminder Regarding H-2B Application Filing Timelines

The Department of Labor’s Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that H-2B Applications for Temporary Employment Certification, Form ETA-9142B, with April 1, 2019, start dates may be filed no earlier than January 1, 2019 at 12:00:00.000 a.m. Eastern Time

Deadline to Submit Comments on H-1B Proposed Rule Is Wednesday

USCIS published a proposed rule earlier this month that would require petitioners planning to file H‑1B cap-subject petitions to register electronically ahead of the annual H-1B lottery

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