DOL’s OFLC provides additional guidance on how it will process H-2B applications for the second half of FY2018 since it received more than two and one-half times greater than the available visas requesting an April 1, 2018, start date of work. OFLC expects the first 2,400 applications filed on January 1, 2018, (which represent approximately…

  From USCIS.gov: For Family-Sponsored Filings: You must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2018. For Employment-Based Preference Filings: You must use the Final Action Dates chart in the Department of State Visa Bulletin for February 2018. For more information, please visit USCIS dedicated page. Source:  AILA Doc….

    January 16, 2018 The government filed a notice of appeal to the Ninth Circuit seeking review of the district court’s 1/9/18 order directing DHS to partially maintain the DACA program. DOJ also announced that it intends to seek direct review in the Supreme Court by filing a petition for a writ of certiorari…

Talking Points on DACA and the Dream Act While the decision from Judge Alsup is a positive step, Congress must not use this as an excuse to delay any longer on a permanent solution for Dreamers. The Trump administration is expected to appeal quickly, and this court decision will end up as another piece to a drawn…

DOJ issued information for employers on Employment Authorization Documents (EADs) for Honduran and Nicaraguan TPS Holders. Source:  AILA Doc. No. 18010544.  

DHS announced the termination of Temporary Protected Status (TPS) for El Salvador, with a delayed termination date of 9/9/19. Further details about this termination for TPS, including the re-registration period, will appear in a Federal Register notice. Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for El Salvador Source:  AILA Doc….

January 9, 2018 The district court issued an order directing DHS to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission of DACA on 9/5/17, including allowing DACA enrollees to renew their enrollments, with the following exceptions: That new applications from applicants who have never…

EB-5 Processing Time Report released on 1/5/18 with processing dates as of 10/31/17. Source:  AILA Doc. No. 18010906.  

USCIS issued a policy memorandum clarifying that to establish a qualifying relationship for an L-1 visa petition where the petitioner has submitted documentation of control by proxy votes, the petitioner must show that the proxy votes are irrevocable from the time of filing the L-1 petition through the time of adjudication. If ownership and control…

The National Immigrant Justice Center provides a practice advisory with guidance to practitioners inside the Seventh Circuit who wish to request IJ or BIA adjudication of their waivers of inadmissibility as well as guidance for litigants in other jurisdictions to effectively argue that noncitizen crime victims in removal proceedings should be allowed to access U…

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