BALCA Affirms Denial Where Employer’s Agent Signed Recruitment Report

BALCA upheld the denial of the labor certification where the recruitment report was signed by an agent, rather than the employer, in direct violation of 20 CFR §656.17(g)(1), which requires either the employer or its representative to sign the recruitment report.

BIA Determines Evidentiary Value of Direct Sibling-to-Sibling DNA Test Results

In a precedent decision issued today, the BIA held that direct sibling-to-sibling DNA test results reflecting a 99.5 percent degree of certainty or higher that a full sibling biological relationship exists should be accepted and considered to be probative evidence of the relationship.

USCIS Workload Transfers

USCIS posted an alert today that it is transferring certain petitions for L-1 nonimmigrant status (and accompanying I-539s and I-765s for L-2 derivatives) from the VSC to the CSC, and is similarly transferring certain H-1B petitions and associated derivative applications from the VSC to the NSC. Starting yesterday, the Lockbox began sending certain cases to the Potomac Service Center, including all newly filed Form I-765 applications for F-1 and M-2 students seeking Optional Practical Training (OPT).

Government Plans to Resume Haitian Removals

Today, DHS Secretary Jeh Johnson announced that the government plans to resume regular deportations of Haitians.

The Court Says Petitioner Failed to Show That His Conviction Was Not Vacated for Immigration Purposes

The Eighth Circuit upheld the BIA’s finding that the petitioner failed to meet his burden of proving that his state court conviction for theft in the fourth degree, a crime involving moral turpitude, was vacated for a substantive or procedural reason and not for immigration purposes. The court also found that the IJ did not err when it pretermitted petitioner’s application for cancellation of removal on the grounds that he was convicted of a crime of moral turpitude, even though he was never admitted to the United States.

Treaty Trader and Investor Visa (E Visa) Processing Changes in Canada

The Consulate General of the U.S. in Toronto outlined changes to the E-1 and E-2 visa process. Toronto will continue to handle all E-1 and E-2 company registrations, as well as E visa interviews for employees of enterprises not previously registered and where the company registration has expired. Toronto, Ottawa, Vancouver, Calgary, and Montreal will offer visa appointments for employees of companies with valid registrations and their dependents.

Court Upholds Denial of Adjustment Application Where Marriage Was Not Deemed Bona Fide

The Seventh Circuit denied the petition for review, finding that substantial evidence supported the IJ’s finding that the petitioner committed marriage fraud, and thus, that he was ineligible for adjustment of status under INA §212(a)(6)(C)(i). The court also found that the IJ did not commit any legal or constitutional error in exercising discretion to deny adjustment of status.