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SEVP Update on Libyan F-1 ESL Students

A 9/14/11 SEVP message announcing that Libyan F-1 students who are enrolled in English as a Second Language (ESL) programs are eligible for special student relief for Libyans, which includes employment authorization and a reduced course load.

DHS Announces New Initiative to Streamline International Student Visa Process

DHS press release announcing “Study in the States,” a new initiative to streamline the international student visa process by examining regulatory changes, and expanding public engagement and providing a central online information hub for students and academia.

CA11 Says No §245(a) Adjustment for TPS Beneficiaries Who Enter without Inspection

The court affirmed the district court’s ruling that an alien who enters the United States without inspection is ineligible for adjustment of status under INA §245(a) even if granted temporary protected status under INA §244.

DOS Practice Alert: IV Services Resumed at U.S. Embassy, Sana’a

U.S. Embassy in Sana’a, Yemen began rescheduling IV interviews for immediate relatives of USCs. NIV processing continues to be suspended until further notice. U.S. Department of State hopes to resume normal processes soon. An e-mail and website announcement are included.

DOS Notifies USCIS of Exhaustion of Employment-Based Visa Numbers for FY2011

A 9/15/11 memorandum from the Department of State Immigrant Visa Control Office notifying USCIS of the exhaustion of all employment-based visa numbers for FY2011.

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In an unpublished decision, the BIA found that as the minor derivative of her mother’s application, the respondent did not receive the necessary advisals, and held that the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