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BALCA Applies Reasoning from Smartzip and Overturns H.14 Denial

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.

Court Finds Presumption Against Retroactive Legislation Bars Application of IIRAIRA to Petitioner’s Case

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.

USCIS Updates Policy Guidance on the Biometrics Requirement for Naturalization

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.

l: Court Finds BIA Erred in Barring Cancellation and Asylum Applications of Petitioner Convicted Under NY Penal Law §220.31

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.

Bipartisan Dream Act Introduced in the House of Representatives

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.

USCIS Launches Mobile Form for Replacing Green Card

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

USCIS Returns Unselected FY2018 H-1B Cap-Subject Petitions

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.

Washington Post: Democratic State Attorneys General Urge Trump to Keep DACA, Say It Has Boosted Economy

The Washington Post reports that New Mexico Attorney General Hector Balderas on Friday joined 19 other Democratic attorneys general in urging President Donald Trump to keep the under-threat DACA program. In a letter to the president, the attorneys general said the 800,000 recipients of the DACA program have been a boon to universities and employers. “They are our neighbors, co-workers, students and community and church leaders,” the letter stated. “And they are boosting the economies and communities of our states every day.”

Chasing Down the Rumors: EOIR IJ Benchbook No Longer In Use

The Executive Office for Immigration Review (EOIR) confirmed that the Immigration Judge (IJ) Benchbook has been removed from EOIR’s webpage and is no longer being utilized. According to the agency, use of the IJ Benchbook was discontinued due to challenges in keeping the publication up to date with current case law

USCIS Reminder: Deadline for TPS Re-Registration for Haiti Is Monday, July 24

USCIS issued a reminder that the deadline for eligible Haitian nationals to re-register for Temporary Protected Status (TPS) is Monday, July 24, 2017. The limited six-month extension of the TPS designation for Haiti runs from July 23, 2017, through January 22, 2018.