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H.R. 2885- Legal Workforce Act

Revised version of the Legal Workforce Act, a mandatory employment verification legislation from Rep. Smith (R-TX), introduced on September 12, 2011.

BIA Refuses to Apply Frivolous Asylum Bar to Derivative Child

In an unpublished decision, the BIA found that as the minor derivative of her mother’s application, the respondent did not receive the necessary advisals, and held that the frivolousness finding applicable to her mother should not be applicable to her.

2013 Diversity Visa Lottery Instructions

DOS instructions for the 2013 Diversity Immigrant Visa Program (DV-2013). This year, natives from South Sudan and Poland are eligible, while Bangladesh natives are ineligible. Entries for the DV-2013 program must be submitted electronically between 10/4/11 and 11/5/11.

OFLC Publishes Guidance for H-2A Employers

OFLC filing tips to assist employers with the H-2A program by highlighting common mistakes which can delay the processing of an application, based upon the Chicago National Processing Center’s experiences in processing H-2A applications over the past 16 months.

USCIS Warns the Public to Avoid Misleading Websites and Fees

USCIS alert announcing that some online businesses are charging fees to prepare USCIS forms which are, in most cases, the same as USCIS filing fees, and as a result, applicants are only paying for the preparation of their applications and not the official filing fees.

OFLC Announcement on H-2B Wage Re-determinations

OFLC announcement regarding the re-issuing of wage determinations on more than 3,500 previously certified H-2B applications which must be completed prior to 9/30/11 in accordance with the shift in the effective date of the wage methodology final rule.

Visa Bulletin for October 2011

DOS Visa Bulletin for October 2011. Section C addresses advance notification of diversity (DV) immigrant category rank cut-offs which will apply in November. Section D addresses visa availability in the coming months.

U.S. Consulate in Mumbai Resumes H and L Visa Processing

DOS statement that the U.S. Consulate in Mumbai resumed issuing H and L interviews on 8/26/11, with the first appointments available on 9/6/11. The consulate stopped issuing H and L interview appointments in March 2011 due to aging infrastructure.

USCIS Memo on the Adjudication of Child VAWA Self-Petitions Filed by Individuals over Age 21

A 9/6/11 USCIS policy memo providing guidance on the continued eligibility for individuals to file a VAWA self-petition as a child over age 21, and younger than age 25, if the abuse was at least one central reason for the filing delay. This guidance is effective immediately.

DHS Publishes PIA for the SAVE Program

DHS/USCIS Verification Division Privacy Impact Assessment (PIA), dated 8/26/11, providing a separate, detailed explanation of the SAVE Program, and elaborating on SAVE’s expanded use of foreign passport numbers for non-immigrants from visa waiver countries.