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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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 »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the denial of certification where the employer listed the name of the president of the company, but not name of the employer, on the Notice of Filing (NOF). Rejecting the employer’s harmless error argument, BALCA stated that, without the employer’s name in the NOF, “a person attempting to provide information to the Certifying Officer (CO) might not be able to inform the CO of the name of the employer as it appeared on the application.”
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https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/
Filed under: PERM | Tagged: BALCA, Immigration, Immigration Attorney, Immigration Lawyer, Labor Certification, nof, notice of finding, PERM | 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
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS is proposing to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) to allow certain F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months. An advance copy of the proposed rule is now available. The proposed rule is scheduled to be published in the Federal Register on October 19, 2015, and comments will be due 30 days after its publication. On August 12, 2015, the District Court for the District of Columbia vacated the2008 STEM OPT extension rule, but stayed the vacatur until February 12, 2016, to allow DHS the opportunity to reissue the rule with proper notice and comment
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https://californiaimmigration.us/dhs-officially-issues-statement-on-2019-public-charge-rule/
Filed under: Department of Homeland Security (DHS) | Tagged: Adoption, DHS, extension opt, Immigration, Immigration Attorney, Immigration Lawyer, stem, stem extension | Leave a comment »
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