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BIA Rules That Absence of a Checked Alien Classification Box Does Not Render an NTA Fatally Deficient

The BIA ruled that the absence of a checked alien classification box on a Notice to Appear (NTA) does not, by itself, render an NTA fatally deficient; preclude an immigration judge from exercising jurisdiction over removal proceedings; or terminate proceedings under the Migrant Protection Protocols.

DHS Extends Flexibility in Requirements Related to Form I-9 Compliance

DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 30 days. These flexibilities include prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the INA and an additional 30-day extension for NOIs served in March 2020. DHS also provided information regarding acceptable documents for Form I-9 verification of lawful permanent residents.

USCIS Approves H-1B Petitions of Plaintiffs Within Weeks of Class Action Lawsuit Being Filed

Within weeks of filing, USCIS reversed the prior petition denials in both plaintiffs’ cases. This was for market research analysis

USCIS Announces It Will Accept Refiling of Rejected Forms I-140 with E-Certification or Electronically Reproduced Signatures

After rejecting some Forms I-140 that included e-certified ETA-9089s or blue ETA-9089s with electronically reproduced signatures, USCIS announced that it will ask petitioners to resubmit their Form I-140 with either wet signatures or scanned copies of signatures and a copy of the rejection notice.

Houston Chronicle — Opinion: Cuban ICE Detainee Exposes Unsafe Texas Facilities, Pleads for Release to Help Battle Coronavirus

The Houston Chronicle features an op-ed by Roger Ernesto La O Muñoz, a Cuban asylum seeker who is currently detained in the Joe Corley Detention Facility in Conroe, Texas. As a college graduate with a degree in hygiene and epidemiology, he writes on behalf of 55 fellow detainees to send a message to the president, immigration judges, human rights organizations, and the American public that he and the other detainees find themselves “in a concentration camp with death orders from COVID-19.”

DOS Provides Visa Bulletin for June 2020

DOS posted the June 2020 Visa Bulletin. In addition to final action dates and dates for filing for family– and employment-based petitions, the bulletin includes notes on the DV category for the month of June and the DV category rank cut-offs which will apply in July.

Non-citizen U.S. troops have filed a class-action lawsuit over the naturalization process.

On April 24, 6 U.S. troops filed a class-action lawsuit after being blocked from an expedited naturalization process. To qualify for the expedited process, servicemen must provide Pentagon certification that they have served honorably. Previously, this certification was available one day after starting their service. In 2017, the Trump administration changed the requirement, making non-citizen troops wait 180 days to receive the certification. According to the lawsuit, the change in policy caused a 72% drop in military naturalization applications.

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