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TPS Extension published in Federal Register July 2010 – Ricky Malik, Esq.

The Department of Labor’s Administrative Review Board held an employer liable pursuant to the employer’s obligations under the Labor Condition Application (LCA) and the H-1B provisions under the Immigration & Nationality Act (INA). The employer failed to pay the H-1B beneficiary, even though the employer was obligated pursuant to the LCA. Conclusion: H-1B Employers must be careful to carefully fulfill […]

From the Federal Register: “This Notice announces that the Secretary of Homeland Security has extended the designation of El Salvador for temporary protected status (TPS) for 18 months from its current expiration date of September 9, 2010, through March 9, 2012. This Notice also sets forth procedures necessary for nationals of El Salvador (or aliens having no nationality who last […]

ICE released a memo highlighting in order the priority of order it should use to apprehend and especially detain individuals. ICE Assistant Secretary John Morton noted that ICE “only has resources to remove approximately 400,000 aliens per year, less than 4 percent of the estimated illegal alien poplulation in the United States.”  Secretary Morton went on to note given their […]

New Fees (click here)

On June 21, 2010 U.S. Immigration & Customs Enforcement announced that it has activated its  “Secure Communities” initiative in all of Virginia.  In its press release ICE stated: “This biometric information sharing strategy enables ICE to identify any alien booked into local law enforcement’s custody for a crime. This capability is part of ICE’s comprehensive strategy to improve and modernize the […]

In Matter of Jesus INTERIANO-ROSA, 25 I&N Dec. 264 (BIA 2010), the Board of Immigration Appeals held that “When an application for relief is timely filed but supporting documents are not submitted within the time established, the Immigration Judge may deem the opportunity to file the documents to be waived but may not deem the application itself abandoned.”

On January 2010 USCIS issued a memo (commonly referred to as the Neufeld H-1B memo -click to read it) adding requirements for H-1B petitions that are not permitted by H-1B regulations. Now employers are prohibited from placing H-1B workers at client worksites in many situations and many employer-owned businesses cannot file H-1B petitions. The memo and its effect on H-1B adjudications has been problematic for many employers […]

In Matter of CASTILLO-PADILLA, 25 I&N Dec. 257 (BIA 2010), the Board of Immigration Appeals held: “(1) Conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2006), is a distinct and different procedure from parole under section 212(d)(5)(A) of the Act, 8 U.S.C. § 1182(d)(5)(A) (2006). (2) An alien who was released from custody on […]

USCIS released a proposed rule to increase Immigration Fees. To view the Federal Register publication, click here.