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Bi-partisan DREAM Act as an amendment to the Defense Reauthorization bill

Senate Leader Harry Reid will bring up the bi-partisan DREAM Act as an amendment to the Defense Reauthorization bill. This is a welcome step forward toward reform and urges all Senators to vote in support of the bill.

BALCA remanded approval of the employer’s labor certification

Following a request from the Department of Labor Office of the Solicitor, BALCA remanded the case to the Certifying Officer for approval of the employer’s labor certification. Matter of Syracuse University, 2010-PER-00772 (9-8-10).

DOL on the extension of disclosures to workers under the Migrant Seasonal and Agricultural Worker Protection Act

DOL WHD notice on the extension of disclosures to workers under the Migrant Seasonal and Agricultural Worker Protection Act.

Relief for Haitian F-1 nonimmigrant students

ICE announcement on the suspension of certain requirements for employment authorization for Haitian F-1 nonimmigrant students experiencing severe economic hardship as a direct result of the 1/12/10 earthquake.

ICE fact sheet on Haitian F-1 Students for employment authorization

ICE fact sheet on the suspension of certain regulatory requirements, which allows eligible Haitian F-1 students to obtain employment authorization, work an increased number of hours during the school term, and, if necessary, reduce their course load.

“Has been” interpretation in the Cancellation of Removal

For purposes of INA §240A(a) cancellation, the term “has been” lawfully admitted for permanent residence means that the alien must currently possess LPR status. It does not include a person who held that status but has since lost it.

Petitioner’s entry date in the NTA for purposes of NACARA eligibility

The government did not make a binding judicial admission about Petitioner’s entry date in the NTA for purposes of NACARA eligibility because it disputed the date during an evidentiary hearing and Petitioner never expressly objected.

FY2011 cap-subject H-1B petitions

USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 9/10/10, approximately 37,400 H-1B cap-subject petitions were receipted. USCIS has receipted 13,700 H-1B petitions for aliens with advanced degrees.

Extension of validity of Form DS-156E

DOS issued a 30-day comment period on extension of validity of Form DS-156E, which is completed by aliens seeking nonimmigrant treaty trader/investor visas to the US.

Jurisdiction to review the BIA’s credibility determination

The court found that INA §242(a)(2)(B)(ii) and INA §216(c)(4) deprive it of jurisdiction to review the BIA’s credibility determination or its weighing of the evidence found to be credible in a conditional residence waiver case.