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Recent Blog Posts

USCIS Issues Policy Memorandum on “Same or Similar” Occupations and Job Portability

On March 18, 2016, U.S. Citizenship and Immigration Services finalized its policy on determining whether a new job is in the “same or similar” occupational classification with respect to job portability. The policy memorandum instructs USCIS employees on how to use the Department of Labor’s Standard Occupational Classification (SOC) codes and other evidence to determine if […]

H-1B Season is Here Again

On April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering, and computer programming. The congressionally mandated cap on H-1B […]

Can Toddlers Be Their Own Lawyers in Immigration Court?

Is this ignorance, evil, or just a misstatement?  The Boston Globe reports a senior Justice Department official is arguing that 3- and 4-year-olds can learn immigration law well enough to represent themselves in court, staking out an unconventional position in a growing debate over whether immigrant children facing deportation are entitled to taxpayer-funded attorneys. Jack H. Weil, […]

More Changes Coming to the Visa Waiver Program

February 18, 2016 DHS announced that it is continuing its implementation of the Visa Waiver Program (VWP) Improvement and Terrorist Travel Prevention Act of 2015, by adding Libya, Somalia, and Yemen as countries of concern, and limiting VWP travel for certain individuals who have traveled to these countries since March 1, 2011. At this time, […]

Senators Introduce Bill to Provide Children in Immigration Proceedings a Lawyer

Every day children, some as young as toddlers, are sent into immigration courts all around the country. They can be asked to make their own immigration cases before a judge, often while a government attorney argues that they should be deported. This is because the government maintains there is no right to appointed counsel in […]

Eight Families Swept up in Immigration Raids Released, While 30 Other Mothers Issue Plea for Freedom

Two mothers from Honduras and six from El Salvador, along with their children, were finally released from family detention centers in the past several days. These families were among those swept up in immigration raids in early January after the Obama Administration claimed their legal avenues had been exhausted. When the families rounded up in […]

Government Restricts Use of Visa Waiver Program to Enter the U.S.

In a move to tighten security, U.S. Customs and Border Protection (CBP) has cancelled the eligibility of certain foreigners to enter the U.S. without first obtaining a visa from an American Consulate: the restrictions apply to persons with connections to Iran, Iraq, Sudan, or Syria.   There are currently 38 Visa Waiver countries that as of […]

Update: Supreme Court grants Certiorari in Texas v. USA

1/20/2016 The Supreme Court has granted certiorari in Texas v. USA, and will rule on the legality of the centerpiece of President Obama’s program to lift the threat of deportation and to provide temporary work permits to an estimated 4 million undocumented individuals in the middle of a Presidential election year.  The case involves a challenge to the […]

USCIS Proposes Easing and Clarifying Rules for H-1B Workers and Permanent Residence Applicants

U.S. Citizenship and Immigration Services (USCIS) has proposed a rule, called “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” that would change certain aspects of employment-based visa programs. USCIS is also proposing regulatory “to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of […]

The U.S. Immigration Bar Rightfully Condemns Bigoted, Discriminatory Rhetoric

Source: American Immigration Lawyers Association (Doc. 15120860) Central to the mission of the American Immigration Lawyers Association (AILA) is the promotion of justice and advocacy for fair and reasonable immigration laws. AILA condemns any proposal that would treat someone differently based upon nationality or religion. Bigotry and discrimination are anathema to the principles upon which […]

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