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Court Upholds BIA Denial to Certify Ineffective Assistance of Counsel Claim Because It Is Not Subject to Judicial Review

In a case of first impression, the Ninth Circuit held ineffective assistance certifications are committed to agency discretion by the plain language of 8 CFR §1003.1(c), which contains no standard or meaningful guidance sufficient for judicial review.

English Translations

You must remember to certify all translations in accordance with immigration law or it will be rejected.

DOL Issues Round 10 FAQ on Post-Certification Corporate Restructuring and Definition of “Successor in Interest”

DOL released a Round 10 FAQ on the H-2A 2010 final rule providing guidance on corporate restructuring and “successor in interest” post-certification. Specifically, the FAQ addresses whether, under the H-2A regulations, the successor in interest can still use the certification issued.

Another Win for Law Offices of Brian D. Lerner on U Visa

U visa certified by the Long Beach City’s Prosecutor for client who was a victim of domestic violence  in 2002.

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.

DOL Announces Final Rule on Non-Agricultural Employment of H-2B Aliens

DOL final rule, to be published in the Federal Register on 2/21/12, amends the regulations governing the certification of H-2B temporary or seasonal workers, and the enforcement of the obligations applicable to employers of such nonimmigrant workers.

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