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Monday, October 31, 2005
USCIS Officers Instructed to Allow Recapture for H-1Bs and L-1s - 10/31/05
An AAO decision, which USCIS has designated as an "Adopted Decision", and thus to be considered policy guidance binding on all USCIS personnel, indicates that time spent outside the U.S. may be recaptured for purposes of the maximum period of admission. [ more ]
Thursday, October 27, 2005
Senate Judiciary Committee Passes Proposal to Provide H-1B Visa and Employment-Based Immigration Relief - 10/27/05
The Senate Judiciary Committee has passed a proposal to provide temporary relief from the H-1B visa blackout and the employment-based immigrant visa backlogs in exchange for increased fees on some petitions. But, this measure, part of the budget reconciliation process, still must pass the full Senate and then be reconciled with the House's alternative proposal, which imposes a $1,500 fee increase on L visas. [ more ]
USCIS Provides Update on H-1B/H-2B Usage - 10/27/05
The USCIS has Provided an Update on H-1B/H-2B Usage. Please Click here [ more ]
AAO Begins Issuing "Adopted Decisions" - 10/27/05
The USCIS has begun to issue decisions from the AAO designated as "USCIS Adopted Decisions." Decisions so designated will be binding policy guidance on all USCIS personnel. "Adopted Decisions" will be published on the USCIS website.
[ more ]
Wednesday, October 26, 2005
Third Circuit Strikes Down Regulation Barring Parolees Who Are “Arriving Aliens” From Adjusting While In Removal Proceedings - 10/26/05
The court joined the First Circuit in holding that 8 C.F.R. §1245.1(c)(8) is invalid. The court reasoned that the regulation is based on an impermissible construction of INA §245(a), which authorizes parolees to adjust status. (Zheng v. Gonzales, 9/8/05).
[ more ]
Sixth Circuit Holds State Felony Simple Possession Convictions Are Not Aggravated Felonies in Criminal Re-entry Case - 10/26/05
The court held that state felony drug offenses that do not contain a drug trafficking element must be punishable as a felony under federal law to constitute an aggravated felony under the INA. (United States v. Palacios-Suarez, 7/25/04). [ more ]
DHS Announces That Majority of VWP Countries Will Meet Digital Photo Deadline - 10/26/05
DHS press release announces that 25 of the 27 countries participating in the Visa Waiver Program will meet the 10/26/05 deadline to produce passports with digital photographs. DHS urges travelers from the two remaining countries, Italy and France, either to contact their local passport offices about digital photograph availability, or obtain a visa prior to travel to the U.S. [ more ]
Immigrant Crime Victims Sue for Visas - 10/26/05
Thousands of immigrant victims of violent crimes, including survivors of domestic violence, refuse to cooperate with police to put violent criminals behind bars because the Department of Homeland Security's Immigration and Citizenship Service (USCIS) has failed to implement a protective law passed by Congress five years ago. [ more ]
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