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Guard Faces Tricky Dance in California Border Mission

The Associated Press reports that governors in Arizona, California, New Mexico, and Texas have committed around 2,400 National Guard troops to the southern U.S. border. California Governor Jerry Brown has stated that his National Guard will help go after “drugs and thugs along the Mexican border, but not immigrants,” but experts are skeptical that he will be able to enforce his vision.

Court Finds Florida Conviction for Sale of Cocaine to Be an “Illicit Trafficking” Aggravated Felony

The Eleventh Circuit held that the BIA did not err in concluding that the petitioner was ineligible for cancellation of removal because his Florida conviction for sale of cocaine constituted illicit trafficking within the meaning of INA §101(a)(43)(B).

Nearly 200,000 H-1B Applications sent

USCIS received 190,098 new H-1B cap-subject petitions for FY2019, down from approximately 199,000 petitions in FY2018.  “For the past six years, the H-1B cap has been reached within the first week of April and for the past six years, we have missed out on thousands of opportunities to build American businesses, foster innovation, and increase our shared prosperity.

Second Circuit throws doubt on the Categorical Approach of Drug Convictions

In Doe v. Sessions, the Second Circuit found that the BIA did not err in determining that the petitioner’s federal drug trafficking conviction made him removable, even though the Controlled Substances Act (CSA) schedules of drugs were broader at the time of conviction than at the time of removal.

BIA rules that Pickering is a NATIONWIDE case dealing with Vacated Convictions

The BIA sustained the respondent’s appeal and remanded the case to the immigration judge for further proceedings, stating that its holding in Matter of Pickering, regarding the validity of vacated convictions for immigration purposes, is reaffirmed, and the decision is modified to give it nationwide application.

Jeff Sessions further curtails Due Process of Foreign Nationals

DOJ announced that Attorney General Jeff Sessions notified all U.S. Attorney’s Offices along the southwest border of a new “zero-tolerance policy” for offenses under 8 U.S.C. §1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an individual. Sessions further directed the U.S. Attorney’s Offices to prosecute all DHS referrals for §1325(a) violations to the extent practicable.

H-1B’s All Used Up Already

USCIS announced that the agency had already received more than enough applications to reach the annual cap of 85,000 new H-1B visas within the first five business days of the FY2019 H-1B filing season.

DOL published notice in the Federal Register on a change to the Office of Foreign Labor Certification’s (OFLC) process for issuing final H-2B labor certification decisions for applications with a start date of need between April 1 and September 30, 2018.

H2B

H-2B attorney

H-2B requirements

H-2B temporary worker

DOL Notice on Process Change for H-2B Labor Certifications

DOL published notice in the Federal Register on a change to the Office of Foreign Labor Certification’s (OFLC) process for issuing final H-2B labor certification decisions for applications with a start date of need between April 1 and September 30, 2018.

VSC Will Continue Accepting L-1 Petitions Until February 12, 2018

Vermont Service Center (VSC) Liaison Committee has confirmed with the VSC that petitioners should continue to file L-1 petitions with the VSC until February 12, 2018, at which point the Texas Service Center (TSC) will start accepting Form I-129 petitions requesting L nonimmigrant classification.