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DOL Change of Address

  1. DOL provided notice that the Office of Foreign Labor Certification (OFLC) National Office currently located in the Frances Perkins Building in Washington, D.C. is relocating within D.C. effective November 23, 2015. The notice includes the new contact information, but states that mail for the OFLC National Office should continue to be sent to the Frances Perkins building. A daily courier service will deliver mail to the new location.

https://cbocalbos.wordpress.com/tag/dol-2/

https://cbocalbos.wordpress.com/tag/department-of-labor-dol/

https://cbocalbos.wordpress.com/tag/dol/

https://californiaimmigration.us/dol-proposes-further-delay-of-final-rule-on-computation-of-prevailing-wage-levels/

Keep fighting your case

The Ninth Circuit granted the petition for review of the Board of Immigration Appeals’ decision, which found that the petitioner was inadmissible under INA §212(a)(3)(B) for having engaged in terrorist activity. The court held that the Board erred in failing to apply the clear error standard of review to the Immigration Judge’s finding that the petitioner lacked the “intent to endanger, directly or indirectly, the safety of one or more individuals” when he participated in planning an attempted coup against the Philippine government in 1989.

https://cbocalbos.wordpress.com/tag/cases/

https://cbocalbos.wordpress.com/tag/case-denied/

https://cbocalbos.wordpress.com/tag/immigration-case/

https://californiaimmigration.us/case-terminated-2/

Diversity Lottery begins again

The State Department provided information on the 2017 Diversity Immigrant Visa Program (DV-2017), including instructions on submitting an electronic entry, answers to frequently asked questions (FAQs), and a list of countries/areas by region whose natives are eligible for DV-2017. Entries must be submitted electronically between October 1, 2015, andNovember 3, 2015.

https://cbocalbos.wordpress.com/tag/diversity-visa/

https://cbocalbos.wordpress.com/tag/diversity-visa-program/

https://cbocalbos.wordpress.com/tag/diversity-visas/

https://californiaimmigration.us/2011-diversity-visa-lottery-program-registration-starts-october-2nd/

USCIS Petition might go faster

USCIS recently rebalanced the workload distribution of certain Form I-140 petitions and employment-based Form I-485 applications between the TSC and the NSC. Beginning October 19, 2015, individuals who submit a Form I-140 petition together with a Form I-907, Request for Premium Processing, with a worksite location in Maryland, New Jersey, New York, or Pennsylvania must file these forms with the NSC at the appropriate direct filing address.

https://cbocalbos.wordpress.com/tag/applications-to-uscis/

https://cbocalbos.wordpress.com/tag/uscis/

https://cbocalbos.wordpress.com/tag/uscis-fees/

https://californiaimmigration.us/uscis-may-reopen-h-1b-petitions-denied-under-three-rescinded-policy-memos/

SNAP Fraud is an aggravated felony

The Eighth Circuit upheld the Board of Immigration Appeals’ conclusion that the petitioner’s conviction for the unauthorized use of Supplemental Nutrition Assistance Program (SNAP) benefits categorically involved fraud or deceit within the meaning of INA §101(a)(43)(M), and was thus an aggravated felony.

https://cbocalbos.wordpress.com/tag/aggrvated-felony/

https://cbocalbos.wordpress.com/tag/aggravated-felony-bar/

https://cbocalbos.wordpress.com/tag/aggravated-felony/

https://californiaimmigration.us/california-penal-code-regarding-unlawful-sexual-intercourse-with-a-minor-compares-the-similar-charges-of-aggravated-felony/

Are you a Filipino Veteran of Word War II?

DHS issued a notice that it is creating a parole program to allow certain family members of Filipino and Filipino-American World War II veterans to receive parole to come to the United States. Announced as part of the November 2014 executive actions on immigration, this program may enable eligible family members to provide support, care, and companionship to their aging veteran family members who are U.S. citizens or lawful permanent residents. USCIS advised that it will inform the public once the application process is in place.

https://cbocalbos.wordpress.com/tag/conditional-parole-2/

https://cbocalbos.wordpress.com/tag/advance-parole/

https://cbocalbos.wordpress.com/tag/parole/

https://californiaimmigration.us/new-agreement-with-governmental-departments-to-transfer-parolees-to-be-deported/

Be careful if you own the company doing the PERM and you are also the beneficiary

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.

https://cbocalbos.wordpress.com/tag/perm-2/

https://cbocalbos.wordpress.com/tag/denial-of-perm/

https://cbocalbos.wordpress.com/tag/perm/

https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/

The October Visa Bulletin Fiasco

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.”

https://atomic-temporary-10880024.wpcomstaging.com/tag/department-of-state-dos/

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

https://atomic-temporary-10880024.wpcomstaging.com/tag/dos-travel-warning/

https://californiaimmigration.us/dos-expands-interview-waiver-eligibility/

Get a Lawyer to help with PERM Advertising

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.

https://cbocalbos.wordpress.com/tag/perm-2/

https://cbocalbos.wordpress.com/tag/perm/

https://cbocalbos.wordpress.com/tag/perm-labor-certification/

https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/

Fighting a deportation because of drug use?

The Fifth Circuit vacated the Board of Immigration Appeals’ decision and remanded, finding that the petitioner’s misdemeanor conviction for the possession of marijuana within 1,000 feet of his high school (a “drug-free zone”) under Texas law satisfied the personal-use exception under INA §237(a)(2)(B)(i).

https://cbocalbos.wordpress.com/tag/possession-crime/

https://cbocalbos.wordpress.com/tag/drug-charge/

https://cbocalbos.wordpress.com/tag/drug-crime/

https://californiaimmigration.us/drug-offense-removability-uphelod/