Agency Memos & Announcements
DOL invites stakeholders to a webinar on 5/23/24 to discuss changes to the H-2A program made by the 2024 H-2A Farmworker Protection Final Rule. The Final Rule will become effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.
AILA Announcements
AILA and the Council have learned that the federal government may soon publish a Request for Proposal (RFP) for a federally funded post-release legal representation program for unaccompanied children (UACs). AILA and the Council have created a survey to better understand your interest!
AILA Public Statements, Correspondence
AILA's Asylum and Refugee National Committee wrote a letter to USCIS with suggested data and statistics for publication on its website.
5/10/24
AILA Doc. No. 24051043.
Asylum
Practice Resources
The DOL O*NET Program had an update on August 2023 that may have a direct impact on Form ETA 9089. AILA's DOL Liaison Committee prepared this practice pointer outlining factors confirmed by DOL's Office of Foreign Labor Certification (OFLC) during AILA's Spring Conference.
Professional Resources
Paul Unger, a lawyer and productivity guru, regularly presents on time management techniques for lawyers. Here are ten of Unger’s best tips for managing your time better.
Agency Memos & Announcements
USCIS provides general Q&As on the EB-5 program.
FR Regulations & Notices
USCIS 30-day comment request on the Petition to Classify Orphan as an Immediate Relative (Form I-600/I-600A). Comments are due on 6/10/24 (89 FR 40498)
FR Regulations & Notices
USCIS 60-day comment request on MyAppointment, which allows respondents to access the appointment scheduling system via the USCIS website. Comments are due by 7/9/24. (89 FR 40499, 5/10/24)
5/10/24
AILA Doc. No. 24051037.
FR Regulations & Notices
DHHS 30-day comment request notice to implement the new risk determination hearings for unaccompanied children. This new information collection will replace the Flores bond hearing process. Comments due in 30 days. (89 FR 40485, 5/10/24)
Federal Court Cases
The court granted in part the petition for review, finding that the petitioner did not waive her challenge to the IJ’s determination that she had not shown a nexus between her alleged membership in a particular social group and her alleged persecution. (Rangel-Fuentes v. Garland, 4/23/24)
Federal Court Cases
The court dismissed the petition for review of the IJ’s and the BIA’s denial of cancellation of removal as to the petitioner as a matter of discretion due to his criminal record, finding that the petitioner did not raise a colorable question of law. (Ndlovu v. Garland, 4/25/24)
Federal Court Cases
The court found that the petitioner’s misdemeanor domestic assault conviction under Tennessee Code Annotated §39-13-111 was not categorically a crime of violence under 18 USC §16(a) that would render him statutorily ineligible for cancellation of removal. (Sanchez-Perez v. Garland, 4/30/24)
Federal Court Cases
The court held that petitioners’ two proposed particular social groups (PSGs)—unprotected Honduran women who are unable to protect themselves or their children from Honduran gangs and Honduran witnesses to gang violence and threats—were not cognizable. (Bustamante-Leiva v. Garland, 4/19/24)
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 10, 2024.
5/10/24
Tutorial Videos
Watch this short video to learn a six-step process to follow to correct a mistake.
Client Flyers
AILA provides a client flyer on the travel risks that exist for DACA recipients. There is a generic PDF version and a customizable Word version. Please share widely with your networks.
5/9/24
AILA Doc. No. 24050934.
DACA
AILA Public Statements, Press Releases
Greg Chen responds to the advance copy of the Notice of Proposed Rulemaking that would give authority to asylum officers to apply existing security and terrorism related bars during the initial screening process for credible fear.
Professional Resources
Failure to follow the rules related to trust accounting and managing Interest on Lawyers’ Trust Accounts (IOLTA) can have serious consequences. In this informative Q&A, members of AILA’s Ethics Committee answer common questions to help immigration attorneys better understand this important topic.
5/9/24
AILA Doc. No. 22070700.
Ethics
AILA Blog
As part of our #AILAWellBeingWeek series, Clarissa C. Andersen shares insights into how she ensures that despite every day being a new challenge, she is able to survive and thrive in her career as an immigration law paralegal.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 9, 2024.
5/9/24
Examples & Questions
OMB is holding a listening session in May 2024, asking for suggested improvements to Form I-589 and its instructions. If you have any suggestions that you would like AILA's National Asylum and Refugee Committee to put forth during this listening session, send feedback by 5/19/24.
5/8/24
AILA Doc. No. 24050842.
Asylum
Examples & Questions
AILA’s CBP-OFO Committee requests questions from the members for the CBP Open Forum at the 2024 Annual Conference. Submit questions by no later than May 22, 2024.
FR Regulations & Notices
EOIR 30-day comment request on the Fee Waiver Request (EOIR-26A). Comments are due by 6/7/24. (89 FR 38917, 5/8/24)
FR Regulations & Notices
DHHS issued a final rule clarifying the eligibility of DACA recipients and certain other noncitizens for a qualified health plan under the Affordable Care Act. The rule is effective as of 11/1/24. (89 FR 39392, 5/8/24)
5/8/24
AILA Doc. No. 24050839.
DACA
FR Regulations & Notices
DOL published a notification of the ratification of the rule published February 28, 2023, on the adverse effect wage rate methodology for H-2A workers. Ratification was signed on May 3, 2024. (89 FR 38838, 5/8/24)
AILA Announcements
AILA remembers Allen E. Kay of the AILA New York City Chapter. He was a past president of AILA and a distinguished figure in the field of immigration law. Allen was a nationally recognized immigration lawyer who dedicated over five decades to the practice of law.
5/8/24
AILA Doc. No. 24050837.
AILA Announcements
Stay up to date on the latest immigration law news and policy changes with AILA8, our curated daily e-newsletter filled with timely information, practice resources, and upcoming learning opportunities. Not receiving it? Easily resubscribe today.
5/8/24
Visa Bulletins
USCIS determined that for June 2024, applicants in all family-sponsored preference categories must use the Dates for Filing chart and all employment-based preference categories must use the Final Action Dates chart.
Visa Bulletins
DOS posted the June 2024 visa bulletin. In addition to final action dates and dates for filing, it contains notes on the diversity visa, visa availability for EB-2 and EB-3, SIVs, and more.
Practice Resources
On May 7, a potential tornado destroyed a FedEx facility in Portage, in the southern part of Michigan. AILA encourages members whose filings may be affected by this issue, to send a report to reports@aila.org. Reports should include information on the affected filing.
AILA Announcements
DOL has issued a Request for Information requesting feedback on the Schedule A shortage occupation list. Submit a public comment urging the agency to implement a process that updates the Schedule A list in a manner that is consistent, transparent, data-driven, and reflective of the labor market.
Agency Memos & Announcements
USCIS issued policy guidance clarifying when H-3 nonimmigrants may participate in training provided on the property of an academic or vocational institution. The guidance clarifies rather than changes policy and is effective immediately and applies to requests pending on or filed after 5/8/24.
Congressional Updates, AILA Public Statements
The Senate Committee on the Judiciary met to discuss Dreamers and the urgent need to protect immigrant youth. Ahead of the hearing, AILA submitted a statement to the Senate committee urging Congress to protect Dreamers and modernize our immigration system.
5/8/24
AILA Doc. No. 24050862.
DACA
Professional Resources
Find remote pro bono opportunities for you to help vulnerable immigrant communities from a distance. Learn more about how you can remain engaged in pro bono from home with this list of remote opportunities.
5/8/24
AILA Doc. No. 21102705.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 8, 2024.
5/8/24
Agency Memos & Announcements
USCIS announced that effective April 1, 2024, it centralized the intake process of Form I-360 and related filings under the Violence Against Women Act (VAWA) for self-petitioning abused spouses, children, and parents at the Nebraska Service Center.
5/8/24
AILA Doc. No. 24050861.
VAWA
Examples & Questions
The EOIR National Committee is aware that practitioners have received hearing notices listing a medium that is inaccurate as to the actual medium in which the IJ prefers their hearing. Please send AILA your examples by May 10.
Professional Resources
Live video streaming as a marketing and communication tool for law firms is here to stay. Hear from AILA member Greg Siskind about why he started doing live videos, what technology he uses, and how it’s transformed his firm’s marketing for the better in this short article.
AILA Blog
As part of our #AILAWellBeingWeek series, AILA Law Student Member Cristina Garcia shares insights on her efforts to focus on well-being as a law student with competing priorities and what she plans to do to incorporate techniques into her daily and weekly life.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 7, 2024.
5/7/24
Featured Issues
This featured issue page provides updates, analyses, and other resources on border processing and asylum policies, and AILA’s advocacy on the creation of a humane and fair border processing system for all individuals arriving at our southern border seeking safety.
Client Flyers
DOL provides a flyer that summarizes legal protections and requirements for workers employed under the H-2A program. DOL also provides a flyer for U.S. workers under the H-2A program. DOL published these flyers in response to its 2024 Final Rule on Workers in Temporary Agricultural Employment.
Agency Memos & Announcements
USCIS invitation to its National Adoption Engagement on Monday, May 20, 2024. USCIS will provide adoption-related updates, receive stakeholder feedback on adoption customer service and processing, and answer questions. Questions are due by May 10.
Agency Memos & Announcements
USCIS is holding four 90-minute focus group sessions to hear feedback about its website on May 7 and May 9. Attorneys and their support staff are encouraged to participate.
5/6/24
AILA Doc. No. 24042512.
FR Regulations & Notices
DOL comment request for an extension of the Office of Foreign Labor Certification’s Labor Condition Application (LCA) forms and the Wage and Hour Division’s WH-4 complaint form for three years without changes. Comments are due by 7/5/24. (89 FR 37263, 5/6/24)
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 6, 2024.
5/6/24
Federal Court Cases
The district court preliminarily approved the proposed settlement agreement to resolve the claims of plaintiffs, Filipino citizens who were allegedly recruited by defendants under fraudulent terms to come work for them in the United States. (Casilao, et al. v. Hotelmacher, et al., 4/24/24)
Professional Resources
AILA is hosting our fifth annual Well-Being Week in Law along with other bar associations across the country. Join your colleagues this week as AILA aims to raise awareness and encourage action across the profession to improve the well-being of lawyers and their support teams. Sign up now.
Examples & Questions
AILA seeks non-case-specific questions for the EOIR open forum panel during AILA’s 2024 Annual Conference. Please send questions in by May 10, 2024.
Practice Resources
The DOS Liaison Committee provides key takeaways from an informal meeting held with the new chief of the Waiver Review Discussion. The practice alert discusses hardship waivers, processing times, and communication issues.