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DOJ Announces Settlement in U.S. Citizen Discrimination Case

DOJ press release announcing a settlement agreement between S.W.J.J. Inc., or Sernak Farms, to settle allegations that Sernak discriminated by preferring to hire H-2A temporary visa holders over U.S. citizen applicants.

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https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2a-and-the-h-2b-nonimmigrant-worker-programs/

https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2a-temporary-visa-holders/

https://californiaimmigration.us/regulations-on-agricultural-employment-visa-h-2a-will-receive-a-final-ruling-of-it%e2%80%99s-amended-regulation/

White House Promotes Pathways for Immigrant Entrepreneurs

Blog from the White House Office of Science and Technology Policy encourages candidates to apply for USCIS Entrepreneurs in Residence (EIR). EIR is part of the White House’s “Start Up America” initiative designed to celebrate, inspire, and accelerate U.S. entrepreneurship.

https://atomic-temporary-10880024.wpcomstaging.com/tag/eir/

https://atomic-temporary-10880024.wpcomstaging.com/tag/entrepreneurs-in-residence/

https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationlawyer/

https://californiaimmigration.us/our-immigration-law-firm/

CA7 Finds Actual Reliance on §212(c), Remands for Hearing

The court refused to apply the repeal of INA §212(c) retroactively to Petitioner, where he demonstrated actual reliance on the availability of a §212(c) waiver by affirmatively abandoning his right to pursue a JRAD.

CA5 on Requiring Corroborating Evidence from Asylum Applicants

The court held that the BIA reasonably interpreted its own regulations in Matter of S-M-J- when ruling asylum applicants can be required to provide reasonably obtainable corroborating evidence even when their testimony is credible.

Supreme Court Rejects §212(c) Comparable Grounds Rule

In a unanimous opinion, the Court held that the BIA’s comparable grounds rule, as applied to applications for §212(c) relief in deportation proceedings, is arbitrary and capricious under the Administrative Procedure Act.

Nonimmigrants and Firearms Disabilities under the Gun Control Act

DOJ OLC opinion rejects the interpretation by the Bureau of Alcohol, Tobacco, Firearms and Explosives in an interim final rule, and concludes that 18 USC §922(g)(5)(B) applies only to nonimmigrants who must have a visa to be admitted to the U.S., not to all nonimmigrants.

White House Releases “Beyond the Border Action Plan”

“Beyond the Board Action Plan” from President Obama and Canadian Prime Minister Harper released on 12/7/11, which articulates a shared approach to security that addresses threats within, at, and away from the borders, while also expediting lawful trade and travel.

DOS Launches Virtual U.S. Embassy Tehran

DOS announcing Virtual Embassy Tehran, which is not a formal diplomatic mission but can work as a bridge between the American and Iranian people in the absence of direct contact.

FY2012 H-2B Cap Count (Updated 12/7/11)

As of 12/2/11, USCIS receipted 9,497 petitions toward the 33,000 H-2B cap amount for FY2012. This count includes 8,240 approved and 1,257 pending petitions.

CA1 Upholds Denial of I-751 Hardship Waiver

The court upheld the IJ’s adverse credibility determination and conclusion that Petitioner’s marriage was not entered into in good faith where petitioner and his ex-wife gave vastly divergent descriptions of their wedding day.