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The court upheld USCIS’s finding that the area of extraordinary ability defined by the plaintiff was gymnastics coaching, not gymnastics, and that it was reasonable to find evidence that the beneficiary won an Olympic gold medal in gymnastics insufficient.

The EB-1 

EB-1 Petition

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Law Offices of Brian D. Lerner

EB-1 Extraordinary Ability petitions must show evidence related to the field of expertise

The court upheld USCIS’s finding that the area of extraordinary ability defined by the plaintiff was gymnastics coaching, not gymnastics, and that it was reasonable to find evidence that the beneficiary won an Olympic gold medal in gymnastics insufficient

USCIS released an updated Affirmative Asylum Scheduling Bulletin as of September 11, 2015. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum and provides the filing dates (month and year) of most asylum applications scheduled for local interviews during that particular month.

Asylum rules

Asylum seekers

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How to apply for political asylum

Asylum cases adjudication becoming more efficient

USCIS released an updated Affirmative Asylum Scheduling Bulletin as of September 11, 2015. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum and provides the filing dates (month and year) of most asylum applications scheduled for local interviews during that particular month.

USCIS and DOS work together to implement change ordered by President Obama

USCIS announced today that, in conjunction with the Department of State (DOS), it is revising the procedures for determining when an application for adjustment of status may be filed, thus implementing part of President Obama’s November 2014 executive actions on immigration. Starting with the Visa Bulletin for October 2015, there are two important dateslisted on the monthly Visa Bulletin: the “filing date,” which determines when individuals can submit their permanent residence applications, and the “final action” date, which indicates when DOS or USCIS can make a decision on the applications

The Seventh Circuit reversed the summary judgment in favor of USCIS and remanded, holding that USCIS failed to conduct an adequate search in response to the plaintiff’s Freedom of Information Act (FOIA) request, which sought “all documents reflecting statistics” about H-1B visa applications. USCIS responded to the request by providing a single data table it had created, later telling the plaintiff that more records would “only create additional confusion.”

ICE violated FOIA

FOIA request

Online FOIA

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Ruling against Government for trying not to comply with a FOIA request

The Seventh Circuit reversed the summary judgment in favor of USCIS and remanded, holding that USCIS failed to conduct an adequate search in response to the plaintiff’s Freedom of Information Act (FOIA) request, which sought “all documents reflecting statistics” about H-1B visa applications. USCIS responded to the request by providing a single data table it had created, later telling the plaintiff that more records would “only create additional confusion.”

Attorneys and Friends can now pay for fees directly

USCIS announced that it has altered the process for paying the USCIS Immigrant Fee through its electronic immigration system (ELIS). USCIS stated that the revised payment process reduces the amount of information that an immigrant must provide, and permits anyone, including a family member, friend, employer, attorney, or accredited representative, to pay the fee, as long as he or she has the immigrant’s Alien Registration Number (A-Number) and DOS Case ID

Said on an I-9 you were a USC? That could prevent you from ever adjusting status.

The Eighth Circuit denied the petition for review, holding that substantial evidence supported the Board of Immigration Appeals’ finding that the petitioner falsely claimed U.S. citizenship on a Form I-9 when he applied for a job in 2009. Accordingly, the court found that the petitioner was inadmissible under INA §212(a)(6)(C)(ii)(I), and was thus ineligible for adjustment of status.

The Eighth Circuit denied the petition for review, holding that substantial evidence supported the Board of Immigration Appeals’ finding that the petitioner falsely claimed U.S. citizenship on a Form I-9 when he applied for a job in 2009. Accordingly, the court found that the petitioner was inadmissible under INA §212(a)(6)(C)(ii)(I), and was thus ineligible for adjustment of status.

Employment eligibility verification

I-9

Form I-9

What does an immigration attorney do?