Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA dismissed the petitioner’s appeal, holding that an offense may be a “specified offense against a minor” within the meaning of section 111(7) of the Adam Walsh Child Protection and Safety Act of 2006, even if it involved an undercover police officer posing as a minor, rather than an actual minor. Thus, the BIA found that the petitioner, who was convicted of computer-aided solicitation of a minor in Louisiana after he communicated via the internet with an individual who he believed was a 14-year-old girl but was actually an undercover police officer, was barred from obtaining an approved visa petition by the provisions of the Adam Walsh Act.
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Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that it has resumed premium processing for certain cap-exempt H-1B petitions, including petitions where the petitioner is an institution of higher education, a nonprofit related to or affiliated with an institution of higher education, or a nonprofit research or governmental research organization. Effective immediately, those cap-exempt petitioners who are eligible for premium processing can file Form I-907, Request for Premium Processing Service for Form I-129, Petition for a Nonimmigrant Worker. The Form I-907 can be filed together with an H-1B petition or separately for a pending H-1B petition. USCIS plans to resume premium processing of other H-1B petitions as workloads permit.
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Filed under: H-1B | Tagged: H-1B, hib, premium processing, USCIS | Leave a comment »
Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Applying the reasoning from Smartzip Analytics, BALCA reversed the Certifying Officer’s denial of the labor certification, finding that an application cannot be deniedon its face based on a failure to provide a duration requirement for special skills listed in Section H.14 of the ETA Form 9089, short of legally sufficient notice of a requirement to do so.
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Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where Congress had passed the Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) after the petitioner had committed a drug offense but before his crime was adjudicated, the Second Circuit granted the petition for review and remanded, holding that because the petitioner had committed his drug offense prior to IIRAIRA’s passage, he should not have been forced to seek admission to the United States after his brief vacation to the Dominican Republic in 2007. The court further held that the BIA should evaluate the petitioner’s motions to reopen his removal proceedings and to stay his removal under the law in effect at the time of the commission of his 1990 drug offense.
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Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Effective July 26, 2017, USCIS will require every naturalization applicant to provide biometrics regardless of age, unless the applicant qualifies for a fingerprint waiver due to certain medical conditions.
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Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit granted in part the petition for review, holding that the BIA should have applied the categorical approach to determine whether the petitioner’s N.Y. Penal Law §220.31 conviction was an aggravated felony under the INA, because §220.31 defines a single crime and is therefore an indivisible statute. Applying the categorical approach, the court concluded that the petitioner’s conviction under N.Y. Penal Law §220.31 did not constitute a drug-trafficking aggravated felony and thus did not bar the petitioner from seeking cancellation of removal and asylum.
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Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Representatives Ileana Ros-Lehtinen (R-FL) and Lucille Roybal-Allard (D-CA) introduced the House version of the Dream Act of 2017, which would provide young people who were brought to the United States as children the chance to apply for lawful permanent resident (LPR) status if they meet certain requirements. The Dream Act of 2017 was introduced in the Senate by Senators Dick Durbin (D-IL) and Lindsey Graham (R-SC) on July 20, 2017.
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Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that lawful permanent residents who file the online Form I-90, Application to Replace Permanent Resident Card, without assistance from an attorney or accredited representative can now file their form and upload evidence entirely on a mobile device. There are no substantive changes to the policy or content of the form, and the online version has parity with the questions and content on the paper form. Applicants who file the Form I-90 with the assistance of an attorney or accredited representative will continue to use the previous version of the online Form I-90
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Posted on July 24, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS and DOL published a temporary rule in the Federal Register, increasing the H-2B cap for the remainder of FY2017 by an additional 15,000 visas, effective from July 19, 2017, through September 30, 2017. USCIS provided additional information regarding who can petition for these additional visas, how to file an H-2B petition under this one-time increase, filing information, and filing deadlines. Employers will be required to complete a Form ETA 9142-B-CAA, certifying that their business is in danger of suffering irreparable harm due to a lack of available temporary nonagricultural workers.
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Posted on July 24, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced on July 19, 2017, that it has returned all FY2018 H-1B cap-subject petitions that were not selected in the computer-generated random selection process. If an H-1B cap-subject petition was submitted between April 3, 2017, and April 7, 2017, and a receipt notice or a returned petition is not received by July 31, 2017, please contact USCIS.
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