Matter of Casillas-Topete, Interim Decision #3692, 25 I&N Dec. 317 ( BIA 2010) In order to commence proceedings against an alien for purposes of sections 204(g) and 245(e)(2) of the Immigration and Nationality Act, 8 U.S.C. §§ 1154(g) and 1255(e)(2) (1994), an Order to Show Cause and Notice of Hearing (Form I-221) that was issued on or after June 20, […]
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The District Court dismissed with prejudice Broadgate, Inc.,et al v. USCIS. The court held that the Neufeld H-1B memo does not constitute final agency action subject to judicial review.
Transparency will decrease as the Executive Office for Immigration Review makes it more difficult to determine hearing dates. The new system requires us to determine dates of issuance of charging document in order to use the oft relied on EOIR 800#. For any attorney who has practiced regularly in the Immigration Courts, especially like me who have handled a large number […]
USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS Releases below in English & Spanish
One of the most brutal and punishingly tools in immigration’s arsenal is being able to detain foreign nationals and specifically deeming them as Mandatory Detainees. After years of adverse decisions, there is some relief in light of repeated Circuit Courts rejecting the Board of Immigration Appeals’ (BIA) draconian interpretations. On June 23, 2010, the BIA held in the Matter of […]
USCIS is rolling out an E-request system. It will be similar to the Immigration 800 # except it will be done through email. The system will be limited to I-90’s and N-400’s at first. Hopefully, it will be a meaningful inquiry process and not just email responses with boilerplate text, similar to the 800# script readers.
President Obama signed the H.R. 6080 bill into law on 8/13/10. H.R. 6080 provides $600 million in emergency funds for fiscal 2010 to secure the Southwest border and enhance federal border protection and law enforcement. Section 402 of the bill includes an increase in fees by about $2,250 for L visas and by $2,000 for employees on H-1B visas. This […]
H-1B cap count for Fiscal Year 2011 for October 1, 2011 start date (updated 8/6/10) Cap Type Cap Amount Cap Eligible Petitions H-1B Regular Cap 65,000 28,500 H-1B Master’s Exemption 20,000 11,900
The Virginia State Bar released information about the increasing amount of immigration fraud that occurs by Immigration Consultants and Notarios who engage in what is known as the unauthorized practice of the law (UPL). The actions taken by such consultants and notaries need to be addressed and I applaud the VSB for taking such steps. However, I would also add […]
