LATEST IMMIGRATION NEWS
Last updated: Friday, September 1, 2000
Presentation © Copyright 1999, 2000. VIKRAM BADRINATH, P.C. All rights reserved.
AUGUST 2000
BALCA, en banc, finds that evidence that a high percentage of the employer's workforce does not speak English is insufficient to establish the business necessity of a foreign language requirement.
HHS provides guidance to providers of health & social services that receive HHS assistance regarding obligations to ensure that persons with limited English proficiency have adequate access to services. (65 FR 52762, 8/30/00)
INS announces that the designation of Bosnia-Herzegovina for TPS will not be renewed. However, because of the lateness of the decision, the designation will continue until 2/10/01, but beneficiaries must re-register by 9/29/00. (65 FR 52789, 8/30/00).
State Dept. is expanding its waiver visa application and issuance fees for diplomats to include B-1 visas for members of observer missions to the United Nations. (65 FR 52306, 8/29/00)
Consuls are authorized to accept petitions from Dept. of Labor for the issuance of H-2A visas, in accordance with regulation changes previously published by DOL and INS. 65 FR 52305 (8/29/00).
U.S. INS announces procedures for naturalization for certain refugees from Laos who are exempt from the English language requirement and are eligible for special consideration for civics testing.
DOL announces that it is developing plans to change the permanent labor certification program to a system of pre-filing recruitment (similar to RIR), automated review (similar to LCA faxback), and targetted and random audits of applications. 65 FR 51777 (8/25/00)
Full text of national class action lawsuit filed today by AILF, NILC, and ILRC against INS over the CSC’s failure to adjudicate applications for voluntary departure and employment authorization under the Family Unity program.
AILF, NILC, and ILRC today filed a national class action lawsuit against INS over the CSC’s failure to adjudicate applications for voluntary departure and employment authorization under the Family Unity program.
INS announces that all adjustment of status filings after September 30, 2000 will need to use the new version of Form I-485. Any applications filed after that date using an old version of the form will be rejected.
DOL has issued interim final regulations, with opportunity for comment, regarding the filing and enforcement of attestations by facilities seeking to employ H-1C nurses. Comments due 9/21/00. (65 FR 51137, 8/22/00)
EOIR announces disciplinary actions taken against 5 attorneys, all of whom already sanctioned by their local bar organizations, under the new attorney conduct rules.
The INS has proposed a revised Application for Asylum or Withholding of Removal. The Federal Register notice is attached, but the document itself is too lengthy to include as a pdf document, and thus is available from AILA as Reprint No. 00080701. (65 FR 48252, 8/7/00)
The INS has extended until 9/18/00 the comment period on its proposed agricultural worker regulations. A link to the proposed regulation on InfoNet is included. (65 FR 50166, 8/17/00)
The VSC requests that attorneys add to the I-824 on follow-to-join requests information as to the names and dates of birth of the derivatives and the principal's priority date. While suggested by VSC, this information would be useful to provide to all Service Centers.
The U.S. Sentencing Commission lists among its policy priorities the resolution of conflicts among the circuits on issues unique to aliens being sentenced. (65 FR 50034, 8/16/00).
INS instructs the field not to deport persons whose proceedings commenced before 4/24/96, were eligible for or were denied on Soriano grounds a 212(c) waiver, are eligible for 212(c) relief under pre-AEDPA law and who have not been physically deported.
Even isolated DUI or DWI arrest must be addressed, INS states. Letter also clarifies need to include in home study (and NOT as separate letter) all instances of substance or physical abuse or domestic violence, not just those resulting in arrest).
Comments on the Soriano regulations are due THURSDAY AUG. 17. Sign on to attached policy statement, or use as template for your own comments.
BALCA Case Summaries by Joel Stewart will be included in September 2000 Immigration Law Today.
AAO overturned the VSC Director's denial of an INA §212e waiver based on exceptional hardship, when the applicant had demonstrated that her U.S. citizen spouse would face exceptional hardship whether he accompanied her to Romania, or remained in the U.S. without her for 2 years.
EOIR issues Press Release concerning the eligibility of those granted conditional asylum for persecution or fear of persecution based on coercive population control policies for all asylum benefits. This applies grants between October 1, 1998 and March 18, 1999.
Information is sought for ABA project, regarding transfers of represented detainees.
The respondent’s conviction for unlawful driving and taking of a vehicle in violation of §10851 of the California Vehicle Code is a 'theft offense' under INA §101(a)(43)(G) even though the taking was not intended to be permanent.
The DOJ Inspector General has issued its report on the INS's 1996 'Citizenship USA' program. The report finds that, while the initiative was highly defective, it does not appear to have been motivated by electoral politics.
EOIR provides the local operating procedures for Immigration Judges in Hartford, Connecticut.
CONNECT! A monthly newsletter on business immigration. Freely Distributable! (Click on PDF document for formatted Newsletter.)
The 9th Circuit finds that the convictions of individuals who received the benefit of state rehabilitative statutes are extenguished. As a result, they are not subject to removal.
BALCA finds that it has the authority to review the reasonableness of a Certifying Officer's determination of a Service Contract Act-based prevailing wage.
The INS has extended to August 11, 2000 the period for comments on its proposed regulations on indefinite detention. Included is a link to the proposed regulation. (65 FR 46882, 8/1/00).
Executive Office for Immigration Review announces new appointments at the BIA.
INS proposed rule for review process governing detention of persons ordered removed but whose removal has not been effected within 90 days. (65 FR 40540, 6/30/00)
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