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DOL on the extension of disclosures to workers under the Migrant Seasonal and Agricultural Worker Protection Act

DOL WHD notice on the extension of disclosures to workers under the Migrant Seasonal and Agricultural Worker Protection Act.

Relief for Haitian F-1 nonimmigrant students

ICE announcement on the suspension of certain requirements for employment authorization for Haitian F-1 nonimmigrant students experiencing severe economic hardship as a direct result of the 1/12/10 earthquake.

“Has been” interpretation in the Cancellation of Removal

For purposes of INA §240A(a) cancellation, the term “has been” lawfully admitted for permanent residence means that the alien must currently possess LPR status. It does not include a person who held that status but has since lost it.

Petitioner’s entry date in the NTA for purposes of NACARA eligibility

The government did not make a binding judicial admission about Petitioner’s entry date in the NTA for purposes of NACARA eligibility because it disputed the date during an evidentiary hearing and Petitioner never expressly objected.

FY2011 cap-subject H-1B petitions

USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 9/10/10, approximately 37,400 H-1B cap-subject petitions were receipted. USCIS has receipted 13,700 H-1B petitions for aliens with advanced degrees.

Extension of validity of Form DS-156E

DOS issued a 30-day comment period on extension of validity of Form DS-156E, which is completed by aliens seeking nonimmigrant treaty trader/investor visas to the US.

Requests comments for a closed federal Homeland Security Advisory Council

DHS requests comments for a closed federal Homeland Security Advisory Council meeting schedule for 10/14/10. Agenda items include Watch List operational improvements.

55 U.S. Military members were naturalized in South Korea

USCIS announcement that 55 noncitizen members of the U.S. military and 17 military spouses were naturalized in South Korea. USCIS has naturalized 196 military members in South Korea, the most since the inception of the overseas naturalization program in 2004.

Extension of validity of Form DS-117

DOS issued a 30-day comment period on extension of validity of Form DS-117, which is used to determine the eligibility of an alien applicant for special immigrant status as a returning resident.

Immigration consequences of a guilty plea in a criminal case

Office of Immigration Litigation (OIL) reference guide created in response to the Supreme Court decision Padilla v. Kentucky, which requires defense counsel to effectively advise their clients on the immigration consequences of a guilty plea in a criminal case.