Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the Certifying Officer’s denial of certification, finding that the employer did not establish that the job opportunity was open and available to all U.S. workers as required by 20 CFR §656.10(c)(8), where the beneficiary and her husband each had a 50% ownership interest in the sponsoring entity.
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https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/
Filed under: PERM | Tagged: BALCA, Certifying Officer, cfr 656, conviction, denial of perm, Immigration, Immigration Attorney, Immigration Lawyer, ownership of the company, PERM | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. District Court for the Western District of Washington issued an order denying the plaintiffs’ motion for a temporary restraining order (TRO) against the State Department in the class action lawsuit regarding the October 2015 Visa Bulletin. The court’s order stated, “While the Court appreciates the confusion caused by the two Visa Bulletins published in September and the potentially wasted expenses Plaintiffs incurred as a result, because Plaintiffs fail to meet the critical elements for a temporary restraining order at this time, the Court cannot issue injunctive relief.”
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https://atomic-temporary-10880024.wpcomstaging.com/tag/dos-travel-warning/
https://californiaimmigration.us/dos-expands-interview-waiver-eligibility/
Filed under: Department of State (DOS) | Tagged: DOS, Immigration, Immigration Attorney, Immigration Lawyer, october visa bulletin, Visa Bulletin | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the Certifying Officer’s denial of certification, finding that the employer’s failure to advertise the option of free housing, despite the employer’s argument that the benefit was normal to the occupation and could have been assumed, was an omission of a material aspect of employment that would influence whether or not a U.S. worker would apply for the job.
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https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/
Filed under: PERM | Tagged: BALCA, denial of certification, Immigration, Immigration Attorney, Immigration Lawyer, PERM, us workers | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS issued a notice that certain H-1B and L-1 petitions filed on or after October 1, 2015, should not include the additional filing fees of $2,000 or $2,250, often called “border security fees,” that were previously required by Public Law 111-230. The additional fees expired on September 30, 2015. All other H-1B and L-1 fees, including the base processing fee, the Fraud Prevention and Detection Fee, and the American Competitiveness and Workforce Improvement Act of 1998 Fee (when applicable) are still required.
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https://californiaimmigration.us/h-1b-work-visa-for-specialty-occupation-visa/
Filed under: H-1B | Tagged: border secruity fees, H-1B, h-1b fees, h1b, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit dismissed the petition for review, holding that, pursuant to the jurisdiction-stripping provisions of INA §242(a)(2)(A), the court lacked jurisdiction to review the Immigration Judge’s affirmance of the asylum officer’s negative credible fear determination in the petitioner’s expedited removal proceedings. The court rejected the petitioner’s argument that the jurisdiction-stripping provisions unconstitutionally deprived the petitioner of any forum in which to bring a procedural due process challenge to his expedited removal proceedings, because there exist certain exceptions to the restriction on judicial review.
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https://californiaimmigration.us/asylum/
Filed under: asylum | Tagged: asylum, Asylum Application, asylum attorney, credible fear, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The State Department released the Visa Bulletin for November 2015, including the availability of immigrant numbers for “Application Final Action Dates” (indicating when DOS or USCIS can make a decision on the applications) and “Dates for Filing Applications” (indicating when immigrant visa applicants should be notified to submit required documentation). There was no forward movement from the revised October 2015 Visa Bulletin in the “dates for filing” for the family-based, first and third preference categories for Mexico; the employment-based, second preference categories for mainland China and India; or the employment-based, third preference category for the Philippines.
Visa bulletin
Visa bulletin and adjustment of status
Visa bulletin chart
DOS provides Visa bulletin
Filed under: Visa Bulletin | Tagged: Department of State (DOS), DOS, Immigration, Immigration Attorney, Immigration Lawyer, priority date, Visa Bulletin | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit upheld the Board of Immigration Appeals, holding that the failure of a Notice to Appear (NTA) to specify the date and location of a removal hearing has no effect on the stop-time rule. Accordingly, the court found that the petitioner, who had not accrued the requisite period of continuous physical presence by the time he was served with the NTA in his removal proceeding, was statutorily ineligible for cancellation of removal.
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https://californiaimmigration.us/our-immigration-law-firm/
Filed under: NTA | Tagged: Cancellation of Removal, Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit, NTA, Stop-Time Rule | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Today, CBP released statistics on the number of use of force incidents that occurred between FY2011 and FY2015, broken down by fiscal year. The data, which reflects the application of the use of force by U.S. Border Patrol agents, CBP officers, and air interdiction agents, indicates that there were 768 use of force incidents in FY2015, compared to 1037 such incidents in FY2014.
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Filed under: force incidents | Tagged: cbp, force from border patrol, force incidents, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, finding that the petitioner forfeited his right to a merits hearing on the charge of falsely representing himself as a U.S. citizen in violation of INA §237(a)(3)(D) when he failed to make a timely assertion of that right. As such, the court held that the petitioner’s arguments alleging due process, statutory, and regulatory violations could not prevail.
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https://californiaimmigration.us/us-citizen-is-charged-with-defrauding-foreign-national-employees-that-were-hoping-to-obtain-legal-citizenship/
Filed under: Citizenship | Tagged: claim to usc, claiming to be a us citizen, falsely representation, Immigration, Immigration Attorney, Immigration Lawyer, usc 237 | Leave a comment »
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