About AILA
Immigration Law & You
- Immigration Law & You
- Immigration Lawyer Search
- Help Guides & Links
- How and Where to File Complaints Against Notarios and Immigration Consultants

AILA's Next CLE Is...

...the California Chapters Conference, Nov. 12-14 in Marina del Rey. The program covers a multitude of immigration law topics and those of interest to practitioners in California. Special panel on Bias and Substance Abuse on Thursday and lunch session Friday on law practice management and technology.

Become A Fan of AILA!

AILA has joined the world of FaceBook and now has its very own page for members and the public to become fans of and show their support. Check out our latest postings and photo album or start a discussion thread. If you're coming to a conference be sure to add our events so your FaceBook friends will know you'll be there.

Email This Page

Set Text Size:

Favorites

Make Kurzban's Your Law Partner!

The new edition of Kurzban’s Immigration Law Sourcebook is flying off the shelves. Over 8,000 copies have already been sold. Place your order today for the reference used and quoted by government officials!

Attention New Members! Get Easier Access to Needed Resources

New Members have a comprehensive, yet streamlined portal to access all the benefits of AILA membership, including practice resources, research strategies, and other resources to get the most out of your membership. Visit the revised New Member Division section today!

Message Center Archives Now Available!

In response to AILA member requests, archives of the old AILA Message Center are now available. The complete archives are available on a flash drive and include 37,898 threads with 95,021 posts in 60 different forums dating from January 2001 to January 2006. Order yours today!

Recent Postings

Past 2 Weeks Past 4 Weeks

11/3/2009 US Secretary of Labor Issues Statement on Immigration Enforcement and Workers’ Rights Report (.pdf 81 KB) On 10/30/09, US Secretary of Labor Hilda L. Solis issued a statement regarding the AFL-CIO and American Rights at Work report ICED OUT: How Immigration Enforcement Has Interfered with Workers’ Rights. AILA Doc. No. 09110368.
11/3/2009 DHS and Tohono O’odham Nation Announce Agreement to Develop WHTI-Compliant Tribal Card (.pdf 53 KB) On 11/3/09, DHS and the Tohono O’odham Nation of Arizona formalized an agreement to develop a Western Hemisphere Travel Initiative (WHTI)-compliant Enhanced Tribal Card. AILA Doc. No. 09110366.
11/3/2009 ICE Launches Campaign to Raise Public Awareness of Trafficking Victims
ICE launched a PSA campaign to draw public attention to the plight of human-trafficking victims in the US that includes those who are sexually exploited or forced to work against their will. Anyone who knows or suspects that someone is being forced to work against their will should contact the ICE tip line anonymously at 866-DHS-2-ICE. AILA Doc. No. 09110365.
11/3/2009 DHS Releases Privacy Office Annual Report to Congress (.pdf 1451 KB) The DHS Privacy Office released its annual report to Congress for the period between July 2008 and July 2009. The report’s scope includes FOIA and privacy programs under CBP, ICE, USCIS, and US-VISIT. Topics covered in the report include border searches of electronic devices, employment verification, visa waiver and WHTI. AILA Doc. No. 09110364.
11/3/2009 New York Chapter: District Director Liaison Minutes (10/07/09) (.pdf 103 KB) New York Chapter USCIS Liaison Meeting on 10/07/09; Topics addressed include processes and procedures issues within the offices regarding INFOPASS appointments, current processing times, treatment of applicants with prior removal orders, N-400 and I-485 adjudications; further details on the meeting are included. AILA Doc. No. 09110350.
11/3/2009 AAO Finds Occupation of “Market Research Analyst” Does Not Require Specified Field Study for Master’s Degree (.pdf 1492 KB) AAO sustains appeal, finding that the occupation of a “market research analyst” does not require specification of one or more fields of study for a Master’s degree. The AAO based its conclusion on OOH and O*Net to confirm that the offered position requires at least a bachelor’s degree and in some cases a Master’s. Decision courtesy of David Sindell. AILA Doc. No.09110363.
11/3/2009 Immigration Legislation - Piecemeal or the Whole Enchilada
AILA Immediate Past President Chuck Kuck blogs on the future of immigration reform.
11/3/2009 Nov. 10: Mergers and Acquisitions–Impact on Employment-Based NIV and IV Cases (Audio Seminar)
This seminar will address the impact of mergers and acquisitions on employment-based NIV and IV cases. Registration is open until 11:59pm, Monday, November 9. AILA Doc. No. 09081277.
11/3/2009 USCIS Updates FY 2010 H-1B and H-2B Count (Updated 11/03/09)
USCIS updated its count of FY 2010 cap-subject H-1B petitions and advanced degree cap-exempt petitions, as well as FY 2010 H-2B petitions received as of 10/25/2009. AILA Doc. No. 09042065.
11/3/2009 City Bar Justice Center Report on NYC Know Your Rights Project at Varick Federal Detention Center (.pdf 92 KB) The City Bar Justice Center issued a report on the NYC Know Your Rights Project, a collaboration of the Center, the Legal Aid Society and the AILA NYC Chapter. The Project recruits, trains and coordinates pro bono attorneys to provide free legal advice and counseling to detainees at a weekly clinic at the Varick Federal Detention Center. AILA Doc. No. 09110362.
11/3/2009 VSC Practice Pointer: L-1B to L-1A Conversion
The VSC Liaison Committee informs practitioners of the appropriate steps to take when a beneficiary is converting from L-1B to L-1A classification. AILA Doc. No. 09110360.
11/2/2009 Round-Up of Immigration Related Legislation (Sept-Oct 2009)
A list of immigration-related legislation introduced into the House of Representatives and the Senate during September and October 2009. AILA Doc. No. 09110264.
11/2/2009 BIA Finds Date of Plea Agreement Controls in Determining Eligibility for Former §212(c) Relief (.pdf 21 KB) BIA finds that in determining whether the alien is eligible for a waiver under former INA § 212(c), the date of the alien’s plea agreement, rather than the date of sentencing, is controlling. Matter of Moreno-Escobosa, 25 I&N Dec. 114 (BIA 2009). AILA Doc. No. 09110263.
11/2/2009 White House Announcement on Final Rule to End HIV Travel Ban
On 10/30/09, President Obama announced the elimination of the HIV entry ban at the signing of the Ryan White HIV/AIDS Treatment Extension Act of 2009. The President stated that on 11/2/09 his Administration will issue a final rule to repeal the ban. The final rule is effective on 1/4/10. AILA Doc. No. 09110262.
11/2/2009 Updated USCIS Q & A on Petition Filed Within the Russian Federation to Classify Orphans as Immediate Relatives (.pdf 81 KB) On 3/30/09, USCIS assumed responsibility from DOS for adjudicating any Form I-600, Petition to Classify Orphan as an Immediate Relative, filed within the Russian Federation. On 10/28/09, USCIS issued an updated list of questions it recommends prospective adoptive parents and adoption service providers review to minimize the possibility of delay. AILA Doc. No. 0911261.
11/2/2009 HHS Final Rule to Remove HIV Travel Ban
On 11/2/09, HHS issued a final rule amending regulations to remove HIV from the definition of communicable disease of public health significance and remove references to HIV from the scope of examinations for aliens. Prior to this rule, aliens with HIV infection were inadmissible to the US. This final rule is effective 1/4/10. (74 FR 56547, 11/2/09). AILA Doc. No. 09103064
10/30/2009 Legal Ethics in Immigration Matters (.pdf 194 KB) This Congressional Research Service report provides an overview of issues relating to the unauthorized practice of law and the laws and rules that may be used to deal with unethical conduct by lawyers and other representatives (notarios) or consultants in immigration matters. AILA Doc. No. 09103069.
10/30/2009 Early-bird Rate Extended Through Onsite Registration at the California Chapters Conference!
The 22nd Annual California Chapters CLE Conference will be held November 12-14 at the Marriott Marina del Rey in Marina del Rey, CA. The early-bird registration rate has been extended through onsite registration. AILA Doc. No. 09103066.
10/30/2009 FAQ on New Law to End the Widow Penalty by Surviving Spouses Against Deportation
On 10/29/09, Surviving Spouses Against Deportation (SSAD) issued a FAQ on the new law that contains a provision to end the widow penalty. Brent Renison, pro bono counsel for SSAD, is an AILA member. AILA Doc. No. 09103065.
10/30/2009 USCIS Continues to Accept Prior Versions of G-28 (.pdf 74 KB) On 10/29/09 USCIS updated its website and instructs that although the revised G-28 notes that previous versions of the form will not be accepted, USCIS has decided to extend the grace period for accepting previous versions of Form G-28. In the interim, USCIS will not reject filings accompanied by older versions of the form until further notice. AILA Doc. No. 09103067.
10/30/2009 Arizona Chapter – CBP Liaison Minutes (10/23/09) (.pdf 201 KB) Arizona Chapter notes from the meeting at CBP Tucson Sector Headquarters on 10/23/2009. During the presentation CBP discussed Border Patrol Search Star & Rescue (BORSTAR), Civil & Criminal Prosecution Programs, Civil Prosecutions, Quick Court Program, Checkpoints & Bonds. AILA Doc. No. 09103050.
10/30/2009 USCIS Amends Immigration Regulations Relating to the Commonwealth of the Northern Mariana Islands (.pdf 29 KB) On 10/27/09, USCIS announced an interim final rule to revise the wording of certain immigration regulations and to implement provisions of the Consolidated Natural Resources Act of 2008 (CNRA) relating to the Commonwealth of the Northern Mariana Islands (CNMI). AILA Doc. No. 09103062.
10/30/2009 November CLE: California Chapters and IBA Global Immigration Conferences; 5 Seminars
The AILA November CLE schedule includes the 22nd Annual AILA California Chapters CLE Conference (Nov. 12-14 in Marina del Rey). AILA is also a supporter of the IBA Global Immigration Conference (Nov 19-20 in London). In addition, there are 4 audio seminars and 1 web seminar. AILA Doc. No. 09103061.
10/30/2009 AILA’s Immigration This Week: October 29, 2009
AILA’s Immigration This Week for October 29, 2009. AILA Doc. No. 09103060.
10/29/2009 ABA Statement on ABA vs. Federal Trade Commission Ruling
The American Bar Association (ABA) issued a statement on the federal district court ruling in ABA v. Federal Trade Commission. According to the ABA statement, the "court recognized that the FTC's interpretation of the Fair and Accurate Credit Transactions Act over-reaches and its application to lawyers is unreasonable." AILA Doc. No. 09102972.
10/29/2009 Nov. 5: Adjustment of Status vs. Consular Processing (Web Seminar)
This seminar will provide an overview and discuss the nuances involved in the process of obtaining lawful permanent resident status, either through consular processing or adjustment of status. Registration is open until 11:59pm, Wednesday, November 4. AILA Doc. No. 09081268.
10/29/2009 AILA D.C. Chapter 2009 Fall Conference
Sweeping the Clouds Away: On the Way to the Sunny Days of Immigration Practice
November 16, 2009
University of Maryland Shady Grove Conference Center
Rockville, MD
This event is being presented by AILA’s Washington D.C. Chapter. This event is not being organized by the AILA National Office.
10/29/2009 USCIS Issues Public Charge Fact Sheet (.pdf 234 KB) USCIS issued a fact sheet for non-citizens about public charge determinations. An individual who is likely at any time to become a “public charge” is inadmissible to the U.S. and ineligible to become a legal permanent resident. Some non-citizens and their families are eligible for public benefits without being found to be a public charge. AILA Doc. No. 09102970.
10/29/2009 DHS Transfers Federal Protective Service from ICE to NPPD (.pdf 243 KB) On 10/29/09, the DHS Secretary Janet Napolitano announced the transfer of the Federal Protective Service (FPS) from ICE to the National Protection and Programs Directorate (NPPD). FPS’ primary mission is to secure General Services Administration-owned and leased federal buildings. AILA Doc. No. 09102969.
10/29/2009 Obama Signs FY10 DHS Spending Bill; Four Immigration-Related Programs Extended through 2012
On 10/28/09, President Obama signed into law the FY10 Department of Homeland Security Appropriations bill (P.L.111-83). AILA Doc. No. 09102968.
10/29/2009 USCIS Staffing Updates (10/2009) (.pdf 506 KB) USCIS provides a personnel update for the positions of Chief Counsel, Chief of the Office of Communications, and Chief of the Administrative Appeals Office. AILA Doc. No. 09102967.
10/29/2009 Updates on PERM Audits, Religious Workers, H-1B and L-1 RFEs – and More!
Recordings of AILA’s October Audio & Web Seminars are now available for purchase on CD or via immediate computer download. Topics covered include PERM Audits; Religious Workers; Advising H.R. Managers; Federal Court Litigation; Advanced Affidavit of Support Issues; and H-1B/L-1 RFEs. Listen from the convenience of your office, home, car or iPod! AILA Doc. No. 09102966.
10/29/2009 ICE Releases Privacy Impact Assessment of IDOCX System (.pdf 416 KB) On 10/14/09, ICE released a Privacy Impact Assessment (PIA) of the IDOCX information system, which is owned by the ICE Office of Intelligence. The PIA includes information on the procedures for individuals to request access to records about them in IDOCX. AILA Doc. No. 09102965.
10/29/2009 DOS Imposes Travel Restrictions to U.S. by Certain Members of Guinean Government and Military Junta (.pdf 295 KB) On 10/23/09, the U.S. imposed restrictions on travel to the U.S. by certain members of the government and military junta in Guinea, as well as other individuals who support policies or actions that "undermine the restoration of democracy and the rule of law in Guinea." AILA Doc. No. 09102964.
10/29/2009 AILA Liaison/CBP Teleconference Minutes (9/29/09) (.pdf 1900 KB) The 9/29/09 teleconference meeting minutes address the Western Hemisphere Travel Initiative (WHTI), Waivers of Inadmissibility, DHS TRIP (Traveler Redress Inquiry Program), visa waiver and ESTA (Electronic System for Travel Authorization), changes in deferred inspection practice, and more. AILA Doc. No. 09102962.
10/29/2009 Significant Savings Available During AILA Publications’ Year-End Clearance!
AILA Publications is clearing its shelves to make way for the new releases coming in 2010. Here’s your opportunity to save up to 60% off the list price on a select group of titles from AILA Publications. The listed prices do not apply to previous or existing orders. This offer ends November 30, 2009. AILA Doc. No. 09102963.
10/29/2009 CA6 Finds IJ Has Authority to Determine Frivolousness of a Time-Barred Asylum Application (.pdf 228 KB) The court finds that IJs have the authority to make a frivolousness finding in the context of a time-barred asylum application. The court denies the petition for review. (Ghazali v. Holder, 10/29/09). AILA Doc. No. 09102961.
10/29/2009 BIA on Authority to Reopen Removal Proceedings Where USCIS Has Jurisdiction over Relief Request (.pdf 231 KB) BIA finds that it generally lacks authority to reopen final exclusion, deportation, or removal proceedings where an alien seeks to pursue relief over which neither the Board nor the IJ has jurisdiction. BIA denies respondent’s motion to reopen and further grants the DHS motion to reopen and terminate removal proceedings. (Matter of Yauri, 25 I&N Dec. 103 (BIA 2009). AILA Doc. No. 09102960.
10/28/2009 The Pulse: AILA’s Capitol Beat – October 27, 2009
The 193rd issue of the AILA Advocacy Department’s proactive advocacy briefing. In this issue, read about a new report from the Tahirih Justice Center titled "Precarious Protection: How Unsettled Policy and Current Laws Harm Women and Girls Fleeing Persecution." Also, take action by telling your Members of Congress that you want CIR NOW! AILA Doc. No. 09102865.
10/28/2009 AILA Immigration Practice News (Oct 2009) (.pdf 1072 KB) A quarterly immigration practice management and ethics newsletter for all members published by AILA’s Ethics and Practice Management Committee. AILA Doc. No. 09102864.
10/28/2009 AILA Board of Governors – Minutes from the October 3, 2009 Meeting (.pdf 85 KB) Minutes from the October 3, 2009 AILA Board of Governors Meeting in Pittsburgh, PA. AILA Doc. No. 09102863.
10/28/2009 International Exchange Center Expands Trainee Designation to Include 6 New Occupations
The International Exchange Center of the American Immigration Council (formerly AILF) has been approved by the Department of State to expand its trainee designation. The 6 new occupations in the trainee designation include Arts & Culture; Tourism; Social Sciences, Library Science, Non-clinical Counseling, and Social Services. AILA Doc. No. 09102862.
10/28/2009 Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays
AILA Immediate Past President Chuck Kuck blogs on employment-based immigrant visa delays and the need for immigration reform.
10/28/2009 DHS Estimates of the Legal Permanent Resident Population in 2008 (.pdf 531 KB) On 10/28/09, the DHS Office of Immigration Statistics released a report providing estimates of the legal permanent resident population and population eligible to naturalize as of January 2008. AILA Doc. No. 09102861.
10/28/2009 DHS Notice of Proposed Rulemaking on Privacy Act Exemptions
DHS is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the DHS/ALL-001 FOIA and Privacy Act Records System of Records and this proposed rulemaking. Some information in the System of Records relates to immigration. Comments must be received on or before 11/27/09. (74 FR 55482, 10/28/09). AILA Doc. No. 09102860.
10/28/2009 DHS Interim Final Rule on the Application of Immigration Regulations to the Northern Mariana Islands
DHS and the DOJ are implementing conforming amendments to their respective regulations to comply with the Consolidated Natural Resources Act of 2008, which extends the immigration laws of the U.S. to the Commonwealth of the Northern Mariana Islands (CNMI). Written comments must be submitted on or before 11/27/09. (74 FR 55725, 10/28/09). AILA Doc. No. 09102760.
10/28/2009 PERM Audit Audio Seminar Recording
This AILA Seminar recording is available for purchase; choose from immediate download or CD. The discussion addressed the PERM audit process and provided invaluable tips for successfully navigating your client through an audit. AILA Doc. No. 09081275.
10/27/2009 CA7 Denies Petition for Attorney’s Fees in Immigration Case (.pdf 118 KB) CA7 denies petition for attorney’s fees and finds that the Government’s position in an immigration case was substantially justified (Potdar v. Holder, 10/27/09). AILA Doc. No. 09102765.
10/27/2009 DOS Information Regarding Registration as a Castelano Class Member (.pdf 113 KB) On 08/14/09, the U.S. District Court for the Southern District of Texas approved the Settlement Agreement in Castelano, et al. v. Clinton, et al. This settlement may affect persons whose births were registered by a midwife or birth attendant in TX and who applied for a passport in the U.S. between 4/8/03 and 8/12/09, and did not receive a passport. AILA Doc. No. 09102764.
10/27/2009 USCIS Public Naturalization Information Sessions
On 10/27/09 USCIS updated its list of public naturalization information sessions. The list of upcoming sessions is available on the USCIS website. AILA Doc. No. 09102762.
10/27/2009 USCIS Establishes Transitional Worker Program for the CNMI (.pdf 122 KB) USCIS posted an interim final rule in the Federal Register that creates a Transitional Worker visa classification in the Commonwealth of the Northern Mariana Islands (CNMI). A question and answer list follows the news release. AILA Doc. No. 09102761.
10/27/2009 DHS Interim Rule on Northern Mariana Islands Transitional Worker Classification
DHS issues an interim rule creating a new, temporary, Commonwealth of the Northern Mariana Islands (CNMI)-only transitional worker classification (CW classification) in accordance with title VII of the Consolidated Natural Resources Act of 2008 (CNRA). Written comments must be submitted on or before 10/27/09. (74 FR 55094, 10/27/09) AILA Doc. No. 09102661.
10/26/2009 New Lower Hotel Rate for AILA's Midyear CLE - Save $76 or More Per Night!
The AILA Midyear CLE Conference will be held Friday, January 29, 2010 in Puerto Vallarta. The Marriott Casamagna Puerto Vallarta Resort & Spa has lowered their room rates for the conference. Hotel rooms are now available for $149 for a single/double (down from $225) and $179 for a single/double with an ocean view (down from $265). AILA Doc. No. 09102668.
10/26/2009 AILA/VSC Liaison Practice Pointer: Responding to “Small Company” RFEs
The VSC Liaison Committee offers a practice pointer on how to respond to a small company RFE. AILA Doc. No. 09102667.
10/26/2009 Arizona Chapter –USCIS Phoenix Liaison Meeting Minutes (09/04/09) (.pdf 111 KB) Arizona Chapter Liaison meeting minutes from 9/04/09. Some topics discussed included staffing issues, I-485, N-400 adjudications, RFE/NOID delays, I-130 appeals, Humanitarian Parole, Motions to Re-Open & Reconsider, INA §212(a)(9)(C) (“Permanent Bar”), NTAs for Acosta AOS denials, I-90 and I-601 adjudications, and asylum wait times. AILA Doc. No. 09102650.
10/26/2009 EB-5 Investor Visas – Get the Latest Insights from AILA’s Sold-Out CLE!
Audio recordings from AILA’s sold out EB-5 Investors Conference are available for purchase. Includes the latest law and procedure; basics of EB-5 visas, documentation tips, government agency policies/procedures; AAO precedent decisions; country-specific issues; removal of conditions; individual investors; regional centers; and ethical issues. AILA Doc. No. 09102666.
10/26/2009 CBP NEXUS Enrollment Center to Open in Maine on 10/27/09 (.pdf 22 KB) Effective 10/27/09, CBP is opening a new NEXUS Enrollment Center in Calais, Maine. The hours of operation will be 8 a.m. – 4 p.m. Tuesdays, Wednesdays, and Thursdays. The NEXUS program allows pre-screened travelers faster processing by U.S. and Canadian officials at designated highway lanes at high volume border crossing locations. AILA Doc. No. 09102665.
10/26/2009 AILA Information Technology and Knowledge Sharing Survey
AILA would like to know how members are accessing and sharing knowledge. The results of this survey will be used as AILA reviews new potential services, to better meet your needs. Respondents who complete surveys by Oct. 9 will be entered into a random drawing – the winner will receive a scholarship of one-year 2010 national membership dues. AILA Doc. No. 09091059.
10/26/2009 CBP Creates Electronic Reading Room to Increase Public Access to Documents (.pdf 23 KB) On 10/23/09, CBP launched an upgraded CBP Freedom of Information Act Electronic Reading Room designed to increase public access to agency records and documents. The site will feature records and documents formerly only available through FOIA request. AILA Doc. No. 09102663.
10/26/2009 ICE Names New Leader of the Office of Investigations in New York City (.pdf 56 KB) ICE Assistant Secretary John Morton has named James T. Hayes Jr. as the special agent in charge of the ICE Office of Investigations in New York City. AILA Doc. No. 09102662.
10/26/2009 Advanced Corporate Immigration Law Conference
Issues for Attorneys, In-House Counsel and Human Resource Personnel
November 4, 2009
Seton Hall University Law School
Newark, NJ
Presented by the AILA New Jersey Chapter, in cooperation with NJSBA Immigration, Naturalization & Americanism. Please note that this event is not handled by AILA’s National Office.
10/26/2009 Nov. 4: Everything You Want to Know About the J-1 Visa (Free Audio Seminar)
Space for this free audio seminar has sold out! A waiting list has been started in the event we receive cancellations. Please contact Lois Magee for more information. The seminar is sponsored by the International Exchange Center at the American Immigration Council. AILA Doc. No. 09102664.
10/23/2009 CIS Ombudsman Recommendation on Temporary Acceptance on LCAs for Certain H-1B Filings (.pdf 77 KB) On 10/23/09, the CIS Ombudsman released a recommendation on "Temporary Acceptance of Filed Labor Condition Applications (LCAs) for Certain H-1B Filings." AILA Doc. No. 09102329.
10/23/2009 DOS Foreign Press Center Briefing with USCIS Director Alejandro Mayorkas (.pdf 188 KB) On 10/21/09 DOS held a Foreign Press Center Briefing with USCIS Director Alejandro Mayorkas titled “Modernizing Immigration.” Questions included the issues of comprehensive immigration reform, family reunification and processing times. AILA Doc. No. 09102328.
10/23/2009 BALCA Affirms Denial on Basis That Ad Did Not List Employer’s (Business) Name, but Rather Its Authorized Representative’s Name (.pdf 154 KB) BALCA affirmed the CO’s denial, finding that listing the Employer’s Authorized Representative’s name, rather than the business’s name, was in violation of 20 CFR §656.17(f)(1). Matter of Mohegan Ornamental Iron, LLC, 2009-PER-00368 (9/02/09). AILA Doc. No. 09102326.
10/23/2009 BALCA Affirms Denial Finding Absence of Employer Name on Notice of Filing is Not Harmless Error (.pdf 113 KB) BALCA affirmed the CO’s denial, finding that the absence of the employer name on Notice of Filing, although posted in a conspicuous location at the place of employment, is not harmless error. Matter of Innopath Software, 2009-PER-00153 (9/02/09).AILA Doc. No. 09102325.
10/23/2009 BALCA Affirms Denial Where Actual Wage Higher Than Prevailing Wage Listed in Notice of Filing (.pdf 82 KB) BALCA affirmed the CO’s denial, finding that because the actual wage was higher than the prevailing wage listed in the Notice of Filing, the Notice contained a wage less favorable than that offered to the Alien, in violation of 20 CFR §656.17(f)(7). Matter of Thomas L. Brown, Associates, P.C., 2009-PER-00347 (9/01/09).AILA Doc. No. 09102324.
10/23/2009 CBP Reminds Travelers Mexican Return to Standard Time Impacts Border Crossing Hours (.pdf 52 KB) CBP is reminding the border crossing community that the scheduled 10/25/09 time change in Mexico from daylight savings time to standard time will impact operations at some area border crossings. AILA Doc. No. 09102323.
10/23/2009 CBP Adjusts Operating Hours to Accommodate Mexico/U.S. DST (.pdf 51 KB) CBP will adjust hours of operation at San Diego area border stations from 10/25/09 until 10/31/09 to accommodate the one-hour time difference when Baja California, Mexico changes their clocks ahead of the U.S. in the state of California. Both Mexico and the U.S. will be on the same time schedule again on 11/01/09. AILA Doc. No. 09102322.
10/23/2009 Person Detained by ICE Passes Away at Boston Hospital (.pdf 77 KB) On 10/19/09, Pedro Juan Tavarez, a 49-year-old national of the Dominican Republic being held on immigration violations, passed away at Brigham and Women's Hospital in Boston, MA. AILA Doc. No. 09102321.
10/23/2009 Religious Workers Update Audio Seminar Recording
This AILA Seminar recording is available for purchase; choose from immediate download or CD. The discussion addressed the new regulations issued in November 2008, revising the rules for religious workers. Since then, a class action was filed and limited premium processing restored. AILA Doc. No. 09081274.
10/23/2009 AILA’s Immigration This Week: October 22, 2009
AILA’s Immigration This Week for October 22, 2009. AILA Doc. No. 09102320.
10/22/2009 BALCA Affirms Denial Holding That Provision of Telephone Area Code Not Sufficient to Determine Area of Employment (.pdf 79 KB) BALCA affirmed the denial of a PERM, finding the provision of phone and fax numbers with area codes to determine approximate area of job opportunity was not sufficient; employers must specifically state the area of employment. Matter of Center for Pan Asian Community Services, Inc., 2009-PER-00352 (8/31/09). AILA Doc. No. 09102228.
10/22/2009 BALCA Affirms Denial Based on Lack of Timely Evidence of Newspaper Advertisements (.pdf 89 KB) BALCA affirmed the denial of a PERM, finding the provision of legible tearsheets only upon appeal was untimely. Matter of D&M Leasing, Inc., 2009-PER-00345 (9/01/09). AILA Doc. No. 09102227.
10/22/2009 BALCA Vacates PERM Denial Where Employer's Failure to Include Notice of Filing Was Inadvertent; Holding Limited to These Precise Circumstances (.pdf 118 KB) BALCA limited holding to its precise circumstances holding that "in the interest of fairness" denial should be vacated and application returned to the CO, as "the preponderance of the evidence is that the audit response's failure to include the Notice of Filing was inadvertent . . ." In the Matter of Luigi's Restaurant, 2009-PER-00357(8/31/09).AILA Doc. No. 09102226.
10/22/2009 AILA Liaison/SCOPS Teleconference Meeting Notes and Committee Supplement (10/8/09)
The 10/8/09 notes from a teleconference between AILA Liaison and SCOPS includes topics such as successor-in-interest memo, pregnancy and tuberculosis component of medical exam, I-140 filing tips, unreadable FPs, NCSC referrals, and the new Form G-28. AILA Doc. No. 09102224.
10/22/2009 Arizona Chapter Events for October 2009 (.pdf 60 KB) Arizona Chapter upcoming events listing for October 2009. AILA Doc. No. 09102223.
10/22/2009 SCOPS Practice Alert: USCIS Case Status Online Notification Delay
AILA has been informed that there is a several day delay in the USCIS Case Status Online system. AILA Doc. No. 09102221.
10/22/2009 USCIS Update and Fact Sheet on Advance Parole
On 10/19/09 USCIS issued an update and fact sheet reminding applicants for Advance Parole or refugee travel documents to apply early to ensure adequate processing time. AILA Doc. No. 09102225.
10/22/2009 USCIS Update on Revised Form I-601, Application for Waiver of Grounds of Inadmissibility
On 10/21/09 USCIS issued an update on the revised Form I-601, Application for Waiver of Grounds of Inadmissibility. AILA Doc. No. 09102222.
10/22/2009 AILA Files Amicus Brief on Persecutor Bar to Asylum (.pdf 978 KB) On October 21, 2009, AILA filed an Amicus Brief in Parlak v. Holder (6th Cir.). The brief urges the court to rehear Parlak and modify the section on the persecutor bar to reflect new Supreme Court Case law in Negusie v. Holder. AILA Doc. No. 09102220.
10/21/2009 BIA Applies Rollback Provision under Cuban Adjustment Act to Calculate “Date of Admission” in Removal Proceeding (.pdf 210 KB) In determining whether an alien whose status was adjusted under the Cuban Adjustment Act is removable as an alien convicted of a crime involving moral turpitude committed within 5 years after the “date of admission,” the date is calculated according to the rollback provision. (Matter of Carrillo, 25 I&N Dec. 99 (BIA 2009). AILA Doc. No. 09102177.
10/21/2009 DOJ OIL Immigration Litigation Bulletin June – July 2009 (.pdf 374 KB) DOJ OIL issues Immigration Litigation Bulletin for June – July 2009. The publication is intended to keep litigating attorneys within the DOJ and DHS informed about immigration litigation matters. AILA Doc. No. 09102170.
10/21/2009 ACLU/Rights Working Group Report: The Persistence of Racial and Ethnic Profiling in the United States
The ACLU and the Rights Working Group released this report entitled “The Persistence of Racial and Ethnic Profiling in the United States. AILA Doc. No. 09102169.
10/21/2009 The Pulse: AILA’s Capitol Beat – October 20, 2009
The 192nd issue of the AILA Advocacy Department’s proactive advocacy briefing. In this issue, read about a new report from IPC titled "American Roots in the Immigrant Experience" and find out what’s happening on the Hill this week. Also, take action by telling your Members of Congress that you want CIR NOW! AILA Doc. No. 09102168.
10/21/2009 CA7 Upholds Decision that Conviction of Fraud in Connection with Identification Documents is Crime Involving Moral Turpitude (.pdf 100 KB) CA7 finds that the BIA reasonably determined that fraud in connection with identification documents is a crime of moral turpitude and denies petition. The Court finds that no matter his motives, petitioner was engaged in a crime that involves inherently deceptive conduct. (Lagunas-Salgado v. Holder, 10/13/09). AILA Doc. No. 09102167.
10/21/2009 CA7 Affirms Removal Order and Upholds Use of Evidence Gathered in Undercover Investigation (.pdf 88 KB) CA7 denies petition for review because the BIA’s determination of removability is supported by substantial evidence and petitioner did not apply for relief. The Court finds that the BIA was correct in approving the IJ’s denial of petitioner’s request to exclude evidence gathered during an undercover investigation. (Krasilych v. Holder, 9/29/09). AILA Doc. No. 09102166.
10/21/2009 Get the Latest Updates on Ls, EB-5s, PERM, Enforcement Issues – and More!
Audio recordings from AILA’s Advanced Business CLE are now available for purchase. Get the latest on corporate downsizing; company restructuring/reorganization; investors; PERM; appellate and litigation options; employment law and enforcement issues. Get up-to-speed when it’s convenient for you - from your office, home, car or iPod! AILA Doc. No. 09102165.
10/21/2009 Had a PERM Denial Based Solely on Wage Range Issue? AILA’s DOL Liaison Wants to Know!
AILA’s DOL Liaison is seeking examples of PERM denials where the sole issue was that a wage range was set forth on the Notice of Filing or advertising, with the bottom of the range at or above prevailing wage, but the offered wage on the 9089 in section G was above the bottom of the range. AILA Doc. No. 09102162.
10/21/2009 CA9 Holds that Petitioner was Not Convicted of Aggravated Felony and Grants Petition for Review (.pdf 88 KB) CA9 holds that petitioner was not convicted of an aggravated felony and grants the petition for review. (Aguilar-Turicos v. Holder, 9/29/09). AILA Doc. No. 09102164.
10/21/2009 CA9 Finds it Lacks Jurisdiction to Review BIA Decision Dismissing Untimely Notice of Appeal (.pdf 67 KB) CA9 dismisses appeal for lack of jurisdiction since the BIA’s denial of petitioner’s motion to reconsider was an exercise of routine discretion. Petitioner challenges only the BIA’s discretionary relief of reconsideration of its prior decision dismissing the untimely notice of appeal. (Turicos v. Holder, 9/29/09). AILA Doc. No. 09102163.
10/21/2009 CSC Addresses Upcoming Sunset for Certain EB-4 and EB-5 Cases
The California Service Center addresses the upcoming sunset for certain EB-4 and EB-5 Cases. AILA Doc. No. 09102161.
10/21/2009 BALCA – Just Say No
AILA Immediate Past President Chuck Kuck blogs on the Board of Alien Labor Certification Appeals (BALCA) routine denial of labor certification appeals. AILA Doc. No. 09102150.
10/20/2009 CA9 Affirms BIA Decision Finding Lack of Authority to Extend 30-Day Filing Deadline for an Appeal (.pdf 64 KB) CA9 finds that, based on Supreme Court precedent, it must defer to the BIA’s reasonable interpretation in Liadov that the agency lacks authority to extend the thirty-day filing deadline for an appeal. As a result, the BIA did not abuse its discretion in denying petitioner’s motion to reconsider. (Irigoyen-Briones v. Holder, 9/29/09). AILA Doc. No. 09102073.
10/20/2009 CA5 Finds BIA Incorrectly Applied De Novo Review to Deny Good-Faith Hardship Waiver (.pdf 99 KB) The Court reverses the BIA decision to overturn the grant of a good-faith hardship waiver and remands. The Court finds that the BIA incorrectly applied de novo review to conclude that the marriage was not entered into in good faith. (Alvarado De Rodriguez v. Holder, 9/09/09). AILA Doc. No. 09102071.
10/20/2009 CA1 Affirms District Court Dismissal Pursuant to Federal Rules of Civil Procedure (.pdf 68 KB) The Court affirmed the district court’s dismissal of the petitioner’s amended complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Chiang v. Skeirik, 9/28/09). AILA Doc. No. 09102070.
10/20/2009 Questions Sought for Upcoming Liaison Meeting with TSC
AILA's Texas Service Center Liaison Committee requests agenda items for an upcoming meeting with the TSC. AILA Doc. No. 09102067.
10/20/2009 BALCA Reverses Denial, Holding That a Wage Offer of 99.95% of Prevailing Wage is Sufficient in This Precise Case (.pdf 83 KB) BALCA reverses a PERM denial stating that it is “willing to round up to 100%” when the employer’s statement of its wage was $.40 less per week than the prevailing wage. The Court limited the holding to “the precise circumstances of this precise case.” Matter of Superior Landscape, Inc., 2009-PER-00083 (8/28/09). AILA Doc. No. 09102066.
10/20/2009 BALCA Affirms Denial Based on Employer’s Failure to List CO’s Address on Notice of Filing (.pdf 83 KB) BALCA affirms the PERM denial based on the employer’s failure to list CO’s Address on Notice of Filing in violation of 656.10(d)(3)(iii). Matter of KFI, Inc., 2009-PER-00288 (8/25/09). AILA Doc. No. 09102065.
10/20/2009 New England Chapter: ICE Deferred Action Guidelines & Information (10/2009) (.pdf 31 KB) New England Chapter guidelines and contact information for AILA members that need to request deferred action from ICE Investigations. AILA Doc. No. 09102050.
10/20/2009 BALCA Affirms Denial Based on Employer’s Failure to State Experience Requirement on PWD Request (.pdf 92 KB) BALCA affirms the PERM denial based on the employer’s failure to state the experience requirement on the Prevailing Wage Determination request to the State Workforce Agency. Matter of Florida Restaurant Group, LLC, 2009-PER-00014 (8/25/09). AILA Doc. No. 09102064.
10/20/2009 BALCA Affirms Denial Because the Job Order Was Conducted Outside the 180 Day Requirement (.pdf 82 KB) BALCA affirms the PERM denial based on the fact that the application was filed 187 days after the job order was placed, and consequently, the job order was conducted outside the 180 day requirement. Matter of Spires Restaurant, 2009-PER-00125 (8/25/09). AILA Doc. No. 09102063.
10/20/2009 BALCA Vacates Denial and Remands to CO for Amendment of Filing Date (.pdf 99 KB) BALCA vacates the denial based on the fact that the request for PERM conversion and to maintain the original priority date of 4/26/01 was submitted prior to the receipt of the Recruitment Notice. Matter of Far East Home Care, Inc., 2009-PER-00170 (7/13/09). AILA Doc. No. 09102062.
10/20/2009 BALCA Affirms Denial Based on Lack Of FEIN on Date of Filing for Domestic Household Employer (.pdf 79 KB) BALCA affirms denial based on the fact that the employer, a domestic household, lacked a valid FEIN on the date of filing the labor certification. Matter of Edward J. Tierny, 2009-PER-00314 (7/13/09). AILA Doc. No. 09102061.
10/20/2009 AILA/VSC Liaison Practice Pointer: Receiving a Full Year on a 'New Office' L-1A
The VSC Liaison Committee alerts practitioners to an additional option to include for "start date" and "end date" on the I-129 petition for an L-1A at a start up company. AILA Doc. No. 09102068.

AILA Home