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USCIS Reminder: Use the New Version of Form I-129 Beginning May 1

USCIS issued a reminder that beginning Friday, May 1, 2015, USCIS will accept only the new version of Form I-129, Petition for a Nonimmigrant Worker, with an edition date of October 23, 2014. Any filings with previous editions of this form will be rejected.

DOL and DHS released advance copies of two new joint rules on H-2Bs that are scheduled to be published tomorrow and will take effect immediately. The first is an interim final rule governing the certification of employment of H-2B workers and the enforcement of obligations applicable to H-2B employers. Comments are due within 60 days of publication. The second is a final rule governing the H-2B Wage Methodology. As background, on March 4, 2015, a federal district court vacated the DOL’s 2008 H-2B regulations on the ground that DOL lacked authority under the INA to issue regulations in the H-2B program. A subsequent temporary stay and extension followed, allowing the DOL to continue processing H-2B cases through May 15, 2015.

H-2B program

H-2B application

H-2B Cap

H-2B Temporary worker

DOL and DHS Announce New Joint Rules for the H-2B Program

DOL and DHS released advance copies of two new joint rules on H-2Bs that are scheduled to be published tomorrow and will take effect immediately. The first is an interim final rule governing the certification of employment of H-2B workers and the enforcement of obligations applicable to H-2B employers. Comments are due within 60 days of publication. The second is a final rule governing the H-2B Wage Methodology. As background, on March 4, 2015, a federal district court vacated the DOL’s 2008 H-2B regulations on the ground that DOL lacked authority under the INA to issue regulations in the H-2B program. A subsequent temporary stay and extension followed, allowing the DOL to continue processing H-2B cases through May 15, 2015.

On April 15, 2015, the federal district court for the Northern District of Florida issued an order effectively permitting DOL to continue issuing H-2B labor certifications under its 2008 H-2B regulations through May 15, 2015.

The H-2B program

H-2B Cap

H-2B countries

H-2B temporary worker

District Court Grants DOL an Extension for the H-2B Program

On April 15, 2015, the federal district court for the Northern District of Florida issued an order effectively permitting DOL to continue issuing H-2B labor certifications under its 2008 H-2B regulations through May 15, 2015.

This International Business Times article discusses a report released last week by Grassroots Leadership, a Texas nonprofit, which reveals how private prison companies have spent five years lobbying the government to enact conservative immigration reform both to maintain ICE’s bed quota and to ensure a steady flow of inmates into its detention centers. The report says that 62% of all ICE detention beds are now operated by for-profit prison companies.

This International Business Times article discusses a report released last week by Grassroots Leadership, a Texas nonprofit, which reveals how private prison companies have spent five years lobbying the government to enact conservative immigration reform both to maintain ICE’s bed quota and to ensure a steady flow of inmates into its detention centers. The report says that 62% of all ICE detention beds are now operated by for-profit prison companies.

The New York Times reports on a U visa bill that would require California law enforcement to verify within 90 days cooperation with law enforcement by undocumented immigrants who are victims of violent crime. If passed, California would be the first state to mandate that law enforcement sign U visa certifications in a particular timeframe.

U visa

Certification of U visa

U visa lawyer

Get the U visa

New York Times: California Advances Bill to Help Immigrant Crime Victims Gain Visas

The New York Times reports on a U visa bill that would require California law enforcement to verify within 90 days cooperation with law enforcement by undocumented immigrants who are victims of violent crime. If passed, California would be the first state to mandate that law enforcement sign U visa certifications in a particular timeframe.

All but two federal circuit courts have rejected Matter of Koljenovic: The 8th Circuit upheld the BIA, and the 1st Circuit has not ruled.

Aggravated felonies

What is an aggravated felony?

Aggravated felony bar

Felony immigration violations

§212(h) Aggravated Felony Bar Cases in 1st or 8th Circuits

All but two federal circuit courts have rejected Matter of Koljenovic: The 8th Circuit upheld the BIA, and the 1st Circuit has not ruled.