Due to Hurricane Matthew, several USCIS field offices and application support centers in Florida and South Carolina will be closed today and tomorrow.
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https://californiaimmigration.us/uscis-provides-fy-2022-h-1b-cap-season-updates/
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The Seventh Circuit denied the petition for review, holding that the petitioner was afforded due process, because the IJ fully complied with the statutory requirement of INA §240(b)(4) by informing the petitioner of his right to obtain counsel, and offered repeatedly to continue the case to allow him to secure representation.
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BALCA affirmed the Certifying Officer’s denial of the labor certification, finding that the employer filed two PERM applications with “substantially comparable job duties,” and holding that an employer may not file a new PERM application for the same foreign worker for the same job opportunity when the first application is pending BALCA review.
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April 28, 2016
USCIS Responds to Recent Concerns Regarding Processing Times
USCIS informed stakeholders that it is working to address the staffing shortages and workload issues that are causing processing time delays. USCIS stated that it recently transferred cases between all of its service centers in an effort to reduce backlogs, ensure that processing times are consistent across service centers, and provide stakeholders with faster responses
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President Obama signed into law H.R. 5325, a bill passed yesterday by Congress that includes a Continuing Resolution (CR) to fund the government until December 9, 2016. The CR includes clean, short-term extensions of the Conrad 30 J Waiver, Special Immigrant Non-Minister Religious Workers, EB-5 Regional Center, and E-Verify programs until December 9.
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Today, the U.S. Supreme Court granted the petition for a writ of certiorari in Lynch v. Dimaya to hear whether the definition of a “crime of violence” in the immigration context is unconstitutionally vague. Last year in the case, the Ninth Circuit reaffirmed that a noncitizen may bring a void for vagueness challenge to the definition and ruled that the language in 18 USC §16(b), as incorporated into INA §101(a)(43)(F), is unconstitutionally vague. The court found that “crime of violence” suffers from the same indeterminacy the Supreme Court found in the Armed Career Criminal Act’s residual clause definition of a “violent felony” in Johnson v. United States.
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As of April 25, 2016, USCIS had receipted 29,030 beneficiaries towards the 33,000 cap for the second half of FY2016. This count includes 23,421 approved and 5,609 pending beneficiaries.
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In a precedent decision issued today, the BIA held that a noncitizen seeking to acquire lawful permanent resident status through the legalization provisions of INA §245A must establish admissibility at the time of adjustment of status under §245A(b)(1). The BIA also held that a noncitizen who was inadmissible at the time of adjustment of status from temporary resident to permanent resident under INA §245A(b)(1) was not lawfully admitted for permanent residence, and is therefore ineligible for a waiver of inadmissibility under former INA §212(c).
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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.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 