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Court Finds Violation of Illinois Statute Pertaining to Possession of Weapons by Felons Is Not an Aggravated Felony

The Seventh Circuit granted the petition for review and remanded, finding that the LPR petitioner, who had been convicted of a felony and was subsequently convicted of possessing a weapon in violation of 720 ILCS 5/24–1.1(a), was not convicted of an aggravated felony pursuant to INA §101(a)(43). The court held that Illinois’s definition of a “firearm” is broader than that of its federal counterpart, and thus a conviction under the statute could not be treated as an aggravated felony.

Demand Transparency from Federal Agencies for “Extreme Vetting” Policies

Touting national security concerns, President Trump has been swiftly implementing burdensome, ineffective, and unnecessary policies through executive actions and memoranda, including implementing several travel bans on Muslim-majority countries and refugees, and now requiring USCIS to conduct in-person interviews with people who have already been thoroughly vetted. Federal agencies like DHS and DOS are not being transparent about how these immigration policies are being developed and administered, leaving individuals and businesses in the dark about how they will be impacted.

DOL Announces Enhancement of iCERT System to Streamline Processing in H-2A and H-2B Programs

along with: In an effort to help mitigate delays associated with connecting State Workforce Agency (SWA) documentation to the employer’s pending H-2A or H-2B application and provide employers with better customer service, DOL’s Office of Foreign Labor Certification (OFLC) announced an update to its iCERT System to allow authorized SWA staff to electronically upload supporting documentation and other information directly to the employer’s pending application for immediate review by the assigned Chicago National Processing Center (CNPC) analyst. Initially, OFLC will be implementing this update in 33 states, with the goal of nationwide implementation by September 30, 2018.

In an effort to help mitigate delays associated with connecting State Workforce Agency (SWA) documentation to the employer’s pending H-2A or H-2B application and provide employers with better customer service, DOL’s Office of Foreign Labor Certification (OFLC) announced an update to its iCERT System to allow authorized SWA staff to electronically upload supporting documentation and other information directly to the employer’s pending application for immediate review by the assigned Chicago National Processing Center (CNPC) analyst. Initially, OFLC will be implementing this update in 33 states, with the goal of nationwide implementation by September 30, 2018.

Have no family in the U.S.? Try immigrating through Employment.

Question: Hello. I have no family in the U.S., but would very much like to immigrate to the U.S. I am educated. Is there any other way?

Answer: Yes, you can be petitioned through employment through what is known as the PERM. There are 3 major steps to obtaining a Green Card through Employer Sponsorship: 1) Labor Certification through the PERM process. 2) I-140 Immigrant Petition for Alien Worker and 3) I-485 Application to Register Permanent Residence.

Question: What are the typical PERM processing times?

Answer: Un-Audited cases take around 2-3 months from filing to certification and audited Cases: 8 months from filing to certification.

Question: Can you give a general overview of the PERM process?

Answer:  PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment. To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position. The employer must be prepared to hire the foreign worker on a full-time and permanent basis. There must be a bona fide job opening available to U.S. workers.

Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker’s qualifications. In other words, the employer must establish that the job opportunity has been described without the use of unduly restrictive job requirements, unless it can demonstrate that they arise out of business necessity. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

Question: Must the employer pay a certain amount for the position?

BALCA Overturns Denial, Confirms Employer Need Not Abide by “Most Likely” Standard for Local/Ethnic Ad

BALCA overturned the Certifying Officer’s denial of the labor certification, finding that the regulations that control placement of Sunday ads versus local and ethnic ads differ, and that the employer was not required to place the local ad in the newspaper “most likely to bring responses.”

Two Nationwide TROs Enjoin the Majority of Trump’s Travel Ban 3.0

Yesterday, U.S. District Court Judge Derrick K. Watson in Hawaii blocked the Trump administration from implementing the majority of the latest version of the president’s controversial Travel Ban 3.0, hours before it was due to take effect. Today, Politico reported that U.S. District Court Judge Theodore Chuang in Maryland granted a second nationwide preliminary injunction against the travel ban. As this updated AILA practice alert notes, in light of these rulings, nationals of Iran, Libya, Syria, Yemen, Somalia, and Chad will not be restricted from traveling to the United States. Trump keeps trying to unconstitutionally ban people from other countries and keeps getting struck down by the Courts.

Lawsuit Filed by Passengers Made to Present ID to CBP to Exit Plane

Several passengers who were aboard a domestic flight from San Francisco to New York in February 2017 where U.S. Customs and Border Protection (CBP) made all passengers present identification before exiting the plane have filed a lawsuit challenging the government’s action as an illegal search and seizure. According to the plaintiffs, “Two uniformed CBP officers positioned themselves at the doorway of the airplane, forcing passengers to queue inside and delaying their exit as the CBP officers stopped each passenger, took their identification documents, examined them, and only then permitted them to pass.” Again – Trump trying to take constitutional rights away.

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