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USCIS Announces Cap Reached for Additional H-2B Visas for FY2019

USCIS announced that it received enough petitions to reach the additional maximum 30,000 visas made available under the May 8, 2019, temporary final rule for returning workers under the H‑2B cap for FY2019. USCIS will reject and return any cap-subject petitions and accompanying filing fees received after June 5, 2019.

DOL Will Only Accept Electronic Filings of Form ETA 9141 via FLAG System’

As of today, DOL only accepts electronic filings of Form ETA 9141, Application for Prevailing Wage Determination, through the new Foreign Labor Application Gateway (FLAG) System. Furthermore, beginning Thursday, June 13, 2019, H‑2B applications will be accepted via FLAG, and on July 3, 2019, all H‑2B applications must be sumbmitted via FLAG

USCIS Announces that Certain New Zealand Nationals Are Now Eligible for E-1 and E-2 Nonimmigrant Classifications

USCIS announced that starting yesterday, June 10, 2019, certain New Zealand nationals can request a change of status to the E‑1 nonimmigrant trader classification and the E‑2 nonimmigrant investor classification under Public Law 115-226.

BIA Dismisses Appeal and Issues Decision on “Realistic Probability”

The BIA found that where an individual has been convicted of violating a state drug statute that includes a controlled substance that is not on the federal controlled substances schedules, the individual must establish a realistic probability that the state would actually apply the language of the statute to prosecute conduct involving that substance in order to avoid the immigration consequences of such a conviction.

Court Reverses BIA’s Determination on Nexus Requirement for Asylum and Withholding of Removal

The Fourth Circuit vacated the denial of the petitioner’s asylum and withholding of removal claims, reversed the BIA’s determination that the petitioner had failed to establish the required nexus between her persecution and her proposed protected statuses—that is, her membership in the particular social group of unmarried mothers living under the control of gangs in Honduras and her imputed political opinion—and remanded.

Changes to Immigrant and Nonimmigrant Visa Application Forms

On May 31, 2019, new questions were added to Form DS-160/DS-156, Nonimmigrant Visa Application, and Form DS-260, Immigrant Visa Application.

USCIS Expands Digital Delivery of FOIA Requests

USCIS announced the latest phase in the expansion of its FOIA Immigration Records System (FIRST). USCIS online account holders may now submit FOIA requests online for their own records and will soon be able to submit online requests for non-A-File material.

Asylum Officers Union and Former U.S. Officials File Amicus Briefs Condemning Remain in Mexico Policy

Two amicus briefs were filed yesterday in Innovation Law Lab v. McAleenan, a case challenging the administration’s Migrant Protection Protocols (MPPs), commonly known as the Remain in Mexico policy. Local 1924 of the American Federation of Government Employees, which represents over 2,500 bargaining unit employees of USCIS, submitted an amicus brief arguing that the MPPs don’t streamline processes, but rather make the system less efficient. In a separate amicus brief, former immigration, national security, foreign policy, and other public officials stated that “the government’s purported justifications for the MPP[s] do not pass muster.”

Supreme Court to Decide Whether Trump can Terminate Obama-Era DACA Program

CNBC reports that the Supreme Court announced that it will hear arguments over the legality of the Trump administration’s decision to terminate DACA.

House Passes Senate Version Of New Funding To Ease Border Crisis

The House passed the Senate-approved border supplemental spending bill, which included significant additional funding for ICE and CBP to house, transport, and provide for the care of migrant detainees, as well as funds to enable the HHS to care for the large numbers of unaccompanied children, among other provisions.