- About
The Immigration Justice Campaign
A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation.
- Membership
Eligible to Join AILA?
Apply Today - Advocacy
and MediaJoin the Conversation on Capitol Hill for NDA
Register for AILA’s National Day of Action (NDA) on April 11, 2019, to meet with members of Congress and share how the administration’s immigration policy changes are harming American families, businesses, and communities.
Register Now - Conferences
and CLE - Publications
And Videos- Law
PracticeThe AILA Career Center offers more than access to the best possible industry candidates.
- InfoNet
Research Library- Recent
PostingsFor pre-2019 AILA practice pointers and alerts, please visit the Research Library.Have questions? Contact us at advocacy@aila.org
AILA Practice Pointers and Alerts
Practice Alert: Proposed H-1B Registration Fee Rule Pending Review at OMB
6/13/2019AILA issued a practice alert on USCIS’s proposed fee for registrations submitted for an H-1B cap-subject petition that USCIS is requesting to be finalized before the FY2021 H-1B cap filing period begins. AILA will keep members updated concerning this proposed regulation.AILA Doc. No. 19061332ICE Email to Journalist Confirms 2009 and 2011 Policy Memos Are Still in Effect
6/10/2019In an email sent to a Searchlight New Mexico journalist, ICE confirmed that the 2011 prosecutorial discretion memo and the 2009 Stay of Removal memo for U and T visa petitioners are still in effect.AILA Doc. No. 19061000Practice Alert: Changes to Immigrant and Nonimmigrant Visa Application Forms
6/7/2019On 5/31/19, new questions were added to the Forms DS-160/DS-156 Nonimmigrant Visa Application and Form DS-260, Immigrant Visa Application requiring the disclosure of the applicant’s social media and contact information.AILA Doc. No. 19060706Practice Alert: DOL Sets Dates for Implementation of FLAG System
6/17/2019AILA has brought several issues to OFLC’s attention. OFLC has advised that members experiencing issues with the FLAG system should report those issues via the Flag Technical Help Request form or via AILA Liaison.AILA Doc. No. 19060770Practice Alert: AG Certifies Cases on Judicial Alteration of a Criminal Conviction or Sentence
5/30/2019AILA provides a practice alert on the AG certification of cases related to the judicial alteration of a criminal conviction or sentence. Attorneys should consider potential holdings to protect client interests. Special thanks to Russell Abrutyn and the Amicus Committee.AILA Doc. No. 19053035Practice Alert: EOIR Policy Memo, No Dark Courtrooms
6/4/2019AILA issued a practice alert on EOIR’s policy memo, No Dark Courtrooms, effective Wednesday, 5/1/19. This memo formalizes EOIR’s policy of “no dark courtrooms” and directs “OCIJ managers to ensure…that all blocks of available immigration court time are being utilized for scheduling cases.”AILA Doc. No. 19052970Practice Alert: SOC Mismatches on Prevailing Wage Determinations
5/24/2019The DOL Liaison Committee recently brought reports to DOL’s attention concerning several prevailing wage determinations (PWDs) that show a disconnect between the SOC Code and SOC Occupational Title. DOL confirmed that it is aware of this issue and is working on a fix.AILA Doc. No. 19052435Practice Alert: Erroneous Rejections of Form I-765 for Liberians with DED
5/16/2019AILA issued this practice alert after being made aware of reports that some Form I-765, Applications for Employment Authorization, with an (A)(11) eligibility code for Deferred Enforced Departure (DED) have been erroneously rejected by the Chicago Lockbox.AILA Doc. No. 19051636AILA Update: Feeing in a Motion with EOIR at a Local USCIS Office
5/9/2019AILA provides results from the recent call for examples survey concerning feeing in a motion with EOIR at local USCIS field offices, as well as updates on subsequent actions taken with both USCIS and the CIS Ombudsman’s office.AILA Doc. No. 19050933Practice Pointer: The Latest on EB-5 Wait Times and Visa Bulletin Projections
5/7/2019AILA’s EB-5 Committee provides a practice pointer summarizing key points from a presentation by Charles Oppenheim, Chief, DOS Visa Control and Reporting Division, at the IIUSA EB-5 Industry Forum in Washington, D.C. on May 6, 2019, addressing important updates relating to EB-5 visa demand.AILA Doc. No. 19050734Practice Pointer: Immigration Law Ramifications of Unlawful Presence Litigation
5/7/2019AILA’s Administrative Litigation Task Force Chair Ronald Klasko provides a practice pointer discussing the ramifications of the recent district court ruling that enjoined the implementation of USCIS’s 8/9/18 memo on unlawful presence for F, J, and M nonimmigrants.AILA Doc. No. 19050733Practice Pointer: T Visa Adjustment of Status and the Public Charge Ground of Inadmissibility
5/2/2019AILA’s VAWA, U, and T Committee and the Coalition to Abolish Slavery and Trafficking provides instruction on how to navigate any confusion about the T visa holders’ exemption from the public charge ground of inadmissibility at the adjustment of status stage.AILA Doc. No. 19050201Practice Alert: New I-129 Edition
4/19/2019AILA alerts members that USCIS has released a new version for Form I-129, Petition for a Nonimmigrant Worker. The new edition is dated 1/31/19 and starting 5/20/19, USCIS will only accept this edition.AILA Doc. No. 19041932Practice Alert: System Error at the VSC Affecting Approval Notices
4/17/2019AILA received reports from members of multiple-beneficiary petitions approved by the Vermont Service Center (VSC) that are missing the name of the first beneficiary (alphabetically, by surname) from the I-797B approval notice. AILA reached out to the VSC Premium Processing Unit.AILA Doc. No. 19041799Attorney General Barr Strips Bond Eligibility From Asylum Seekers: Matter Of M-S- Analysis And Q&A
4/17/2019AILA, NIJC, Human Rights First, and Women’s Refugee Commission provide analysis and Q&A on Matter of M-S-.AILA Doc. No. 19041739Practice Alert: I-94 Numbers Will Be Alphanumeric Starting in May 2019
4/17/2019AILA alerts members that CBP updated its website with a notice informing stakeholders that beginning in May 2019, the format for I-94 numbers will change from numeric to alphanumeric. CBP mentioned that this change would not have an impact on validity of already issued I-94 records.AILA Doc. No. 19041738Practice Pointer: Stopped Payment or Bounced Checks and Use of Credit Cards to Pay USCIS Filing Fees
4/16/2019AILA’s USCIS HQ (Benefits Policy) Liaison Committee provides a practice pointer regarding stopped or bounced checks and credit card payments at USCIS Lockbox facilities, and reminds practitioners of the consequences of a stopped payment or bounced check on a benefit request filed with USCIS.AILA Doc. No. 19041735Practice Pointer: Determining Whether INA §212(e) Is Triggered by the J-1 Skills List
4/9/2019AILA’s DOS Liaison Committee provides recommendations for how to determine whether a J-1 exchange visitor client is subject to the home residency requirement by utilizing the DOS Skills List published in the Federal Register.AILA Doc. No. 18031939Practice Pointer: Revised USCIS Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence
4/8/2019AILA’s USCIS HQ (Benefits Policy) Liaison Committee provides a practice pointer on the 11/30/2019 USCIS policy memorandum, which provides guidance to officers on waiving the interview requirement for Form I-751 and sets forth the factors that officers must consider before an interview may be waived.AILA Doc. No. 19040830ILRC Issues USCIS Fraud Tip Form Fact Sheet and Template Comment
3/29/2019USCIS published for notice and comment a proposed form for receiving information from the public concerning purported immigration fraud. The Immigrant Legal Resource Center (ILRC) has created a fact sheet on the form, as well as a comment template, that advocates can use to oppose the proposal.AILA Doc. No. 19040800Practice Alert: Problems with Feeing in Motions and Applications with Local USCIS Field Offices
4/2/2019AILA has received reports of difficulties experienced at local USCIS offices when attempting to fee in an EOIR motion/application via an InfoPass appointment, or in emergency situations via walk-in. AILA solicited examples and raised several to the attention of USCIS and the CIS Ombudsman.AILA Doc. No. 19040230Practice Alert: Additional 30,000 H-2B Visas to be Made Available for the Remainder of FY2019
5/9/2019DHS and DOL issued a joint temporary final rule increasing the H-2B cap for FY2019 by an additional 30,000 visas. Employers will be able to request these supplemental visas only for workers who were issued an H-2B visa or otherwise granted H-2B status in FY2016, 2017, or 2018.AILA Doc. No. 19032933Practice Alert: DOL Delays in Completing Business Verification (FEIN) Requests
3/27/2019The DOL Liaison Committee provides a practice alert on DOL delays in completing business verification (FEIN) requests, reminding members seeking verification that they should check the status of a request in the DOL iCert portal system for time-sensitive filings.AILA Doc. No. 19032770Practice Pointer: Expert Opinion Testimony - Yes, It’s Evidence USCIS Should Consider!
3/22/2019AILA’s California and Vermont Service Center Liaison Committees provide a practice pointer intended to equip practitioners with legal authority for USCIS’s consideration of an expert opinion when responding to a Request for Evidence (RFE) and including an expert opinion.AILA Doc. No. 19032230Practice Alert: Ongoing Technical Difficulties with Form DS-3035
3/20/2019AILA’s DOS Liaison Committee provides on update on ongoing technical difficulties with Form DS-3035 addressed during the October 2018 liaison meeting.AILA Doc. No. 19032031Practice Pointer: When Is a Photocopy of an Original Signature Acceptable?
3/20/2019AILA’s USCIS HQ (Benefits Policy) Liaison Committee provides a practice pointer summarizing the signature requirements for each form type, in particular designating which form instructions explicitly designate that a copy of an original “wet” signature will be accepted by USCIS.AILA Doc. No. 19010900Practice Alert: L-1 Adjudications at Ports of Entry for Canadian Citizens
5/14/2019AILA’s CBP Liaison Committee provides a timeline of its engagements with CBP concerning policy changes in subsequent L-1 adjudications at the port of entry under NAFTA. The committee also provides a summary of legal arguments and policy considerations raised with CBP in April 2019.AILA Doc. No. 19030730Practice Alert: USCIS Updates Filing Addresses for I-129 Petitions
3/11/2019AILA’s California Service Center Liaison Committee provided a practice alert notifying members that USCIS has recently updated its filing addresses for Form I-129, Petition for a Nonimmigrant Worker.AILA Doc. No. 19031100Practice Alert: USCIS Publishes Revised Form I-539 and New Form I-539A
3/8/2019On 3/8/19, USCIS published to its website revised Form I-539 and new Form I-539A and instructions for these forms. USCIS will continue accepting Form I-539 with an edition date of 12/23/16 until 3/21/19, as long as it is received by USCIS by that date.AILA Doc. No. 19021234Practice Alert: AILA’s EB-5 Committee Provides an Update on EB-5 Visa Backlog
3/6/2019AILA’s EB-5 Committee provided a practice alert on the EB-5 visa backlog. Special thanks for AILA members Bernard Wolfsdorf, Robert Blanco, and Carolyn Lee for their contributions.AILA Doc. No. 19030631Practice Pointer: Filing Tips and Resources for FY2020 Cap-Subject H-1B Petitions
3/25/2019In preparation for the FY2020 H-1B nonimmigrant visa cap season, AILA provides practical filing tips and related resources.AILA Doc. No. 19030601Practice Pointer: Understanding and Addressing the “Five-Year Bar” When Applying for a Visa
2/28/2019The DOS Liaison Committee issued a practice pointer on the five-year bar under INA §212(a)(6)(B) and the grounds of inadmissibility for an individual who without reasonable cause, fails to appear for a removal proceeding or has an in absentia removal order and is now seeking admission to the U.S.AILA Doc. No. 19022840Practice Alert: Alternative Options After Suspension of Visa Processing at U.S. Consulate in Caracas, Venezuela
2/26/2019DOS has confirmed that while the U.S. Consular Section in Caracas, Venezuela, is unable to process immigrant (IV) and nonimmigrant visas (NIV), the U.S. Embassy in Bogota, Colombia, has been designated as the primary filing location for IV applications. NIV applicants may file at any consular post.AILA Doc. No. 19021333Practice Alert: EB-5 Modernization Regulation Pending Review at OMB
4/26/2019On 4/8/19, USCIS sent a letter to Senator Grassley (R-IA) and Senator Leahy (D-VT) regarding the EB-5 Immigrant Investor Program Modernization Rule. The final rule is currently pending regulatory review at the OMB.AILA Doc. No. 19022542Practice Alert: Proposed H-4 EAD Rescission Regulation Pending Review at OMB
2/22/2019AILA notes that the proposed DHS H-4 EAD rescission regulation is currently pending review with OMB. Once OMB completes review, a notice of proposed rulemaking will be published in the Federal Register and open for public comment.AILA Doc. No. 19022203Practice Alert: DOS Considers Reorganization of Consular Affairs Attorneys
2/21/2019AILA has learned that DOS is considering a reorganization that would result in Bureau of Consular Affairs lawyers becoming part of the Office of the Legal Adviser.AILA Doc. No. 19022134Practice Alert: Omnibus Spending Bill Provides Limited H-2B Cap Relief for FY2019
2/19/2019On February 15, 2019, President Trump signed an omnibus spending bill which includes a provision providing limited cap relief to H-2B employers during FY2019. The Secretary of Homeland Security has yet to announce how many additional H-2B visas will be made available for the remainder of FY2019.AILA Doc. No. 19021940Practice Pointer: H-1B Petitions for the Same Beneficiary and Considerations for the FY2020 H-1B Cap Season
2/15/2019AILA’s USCIS Service Center Operations Liaison Committee provides a practice pointer discussing the potential consequences of employers filing a FY2020 H-1B cap-subject petition while a FY2019 petition for the same beneficiary remains pending.AILA Doc. No. 19021547Practice Pointer: Validity of Form I-693 Medical Exams
2/15/2019AILA’s National Benefits Center Liaison Committee provides a practice pointer discussing the October 16, 2018, USCIS announcement that it was updating its policy guidance regarding the period of validity of Form I-693.AILA Doc. No. 19021540Practice Pointer: Prudential Revocation of Nonimmigrant Visas
2/13/2019AILA’s DOS Liaison Committee provides information concerning the legal authority to revoke a visa, as well as when a revocation becomes effective. The committee also provides an update from the 10/18/18 DOS liaison meeting, in which the committee addressed several issues concerning visa revocations.AILA Doc. No. 18072406Practice Pointer: Arguing Against Pretermission of Asylum Cases in Immigration Court in the Aftermath of Matter of A-B- and Matter of E-F-H-L-
2/11/2019This practice pointer describes arguments that attorneys may make when immigration judges pretermit asylum applications without affording the applicants an individual calendar hearing at which they can present testimony and other evidence in support of their asylum cases.AILA Doc. No. 19021130Practice Alert: Update on USCIS Practice of Denying Pending Forms I-131 for Abandonment Due to International Travel
2/8/2019USCIS indicated that if an applicant files Form I-131 to request an advance parole document and departs the United States without possession of an advance parole document that is valid for the entire time the applicant is abroad, USCIS will consider the pending Form I-131 to be abandoned.AILA Doc. No. 17081867Practice Alert: Changes to the USCIS InfoPass Scheduling Process
2/14/2019AILA provides information and updates on the expansion of the Information Services Modernization Program. Under the program, in-person appointments will be scheduled only for document services and emergencies.AILA Doc. No. 18020500Practice Alert: Long-Pending I-765 and I-131 Applications at the NBC
1/31/2019AILA provides a practice alert on long-pending EAD/AP applications at the National Benefits Center.AILA Doc. No. 18100503Practice Alert: DHS Publishes Final Regulation Governing H-1B Cap Subject Petitions
1/31/2019DHS released a copy of a final rule that amends the regulations governing H-1B petitions that are filed under the H-1B cap. Note, DHS is suspending the electronic registration requirement for the FY2020 H-1B cap filing season.AILA Doc. No. 18111639Practice Alert: DHS Issuing NTAs with Fake Times and Dates
6/12/2019AILA updated its practice alert discussing DHS issuance of NTAs with fake hearing dates and times following the Supreme Court’s decision in Pereira v. Sessions and requests updated case examples, specifically from June 11, 2019. Special thanks to the AILA EOIR Liaison Committee.AILA Doc. No. 18091858Practice Alert: Technical Issues Causing Online Form DS-160 to Time Out
1/31/2019AILA has received reports of technical problems with the functioning of the online Form DS-160, causing the form to time out after only a few minutes. According to a recent update from the Department of State, this issue has been identified and resolved.AILA Doc. No. 19013141Practice Alert: DOS and Mission China Alert to Changes in H and L Processing
1/30/2019The Department of State (DOS) and Mission China shared information concerning a plan to consolidate the processing of H and L visa applications. Starting 3/1/19 interviews will now be held only at the U.S. Embassy Bejing, U.S. Consulate General Guangzhou, and U.S. Consulate General Shanghai.AILA Doc. No. 19013039Filing DACA Applications in the Wake of Federal Court Rulings
1/29/2019AILA updated its practice alert after the Supreme Court took no action on a November 2018 request by the Trump administration to expedite a ruling on the court decisions that keep the DACA program in place.AILA Doc. No. 18011035Practice Alert: What Happens If the Government Shuts Down?
1/28/2019Drawing on information from government announcement and past government shutdowns, AILA provides an overview as to how this shutdown may impact immigration-related agencies. We will update this practice alert as new information becomes available.AILA Doc. No. 17042640Practice Alert: Foreign Labor Certification Wage Library Back Online
1/23/2019After being down for almost a day, as of 1/23/19 it appears that the Department of Labor Foreign Labor Certification (FLC) wage library is back online.AILA Doc. No. 19012245Practice Alert: USCIS Checklists Do Not Replace Statutory, Regulatory, and Form Instruction Requirements
1/21/2019AILA’s USCIS HQ (Benefits Policy) Liaison Committee provides a practice alert regarding USCIS’ checklists of required initial evidence and reminds members of the importance of consulting the applicable statute, regulations, and form instructions before submitting a benefit request to USCIS.AILA Doc. No. 19012200Practice Alert: AILA’s Case Liaison Assistance Process for USCIS Service Centers
1/17/2019Due to changes to USCIS’s public inquiry escalation process, AILA has updated its individual case liaison assistance procedures for cases pending at the USCIS Service Centers.AILA Doc. No. 16061604Practice Pointer: New USCIS L-1 Policy Ushers in Restrictive Interpretation of the One-Year Abroad Requirement
1/17/2019This Practice Pointer breaks down the policy changes implemented by the November 15, 2018, USCIS memo, “Satisfying the L-1 1-Year Foreign Employment Requirement,” which became effective on November 29, 2018. Special thanks to Vaman Kidambi, Kathleen Campbell Walker, and Turid Owren.AILA Doc. No. 19011730Practice Alert: Payment of Visa Fees at U.S. Consulates in Mexico
1/11/2019AILA’s DOS Liaison Committee provides updates from a conversation from the 10/18/18 liaison meeting with DOS concerning payment of visa fees at U.S. consulates in Mission Mexico.AILA Doc. No. 19011130Practice Alert: Accessing Older Versions of the FAM Through Internet Archive Websites
1/11/2019AILA’s DOS Liaison Committee provides guidance for using internet archive websites, such as the Wayback Machine, to access older versions of the Foreign Affairs Manual (FAM) and other agency documents.AILA Doc. No. 19011132Practice Pointer: Resolving PIMS Issues and Understanding KCC’s Role
1/10/2019AILA’s Department of State Liaison Committee provides assistance in resolving common issues with the Petition Information Management Service (PIMS) and understanding the Kentucky Consular Center’s (KCC’s) role in fraud review and consular returns.AILA Doc. No. 18031336Practice Alert: iCERT System Outage Updates for All Users
1/9/2019On January 7, the iCERT system reopened. DOL indicates that as of January 8, the OFLC has received approximately 5,276 H-2B applications covering more than 96,400 workers. Members encountering issues in accessing or filing through the system are encouraged to contact DOL at h2b.ombudsman@dol.gov.AILA Doc. No. 19010231Practice Pointer: LegalNet Scope of Review of Nonimmigrant Visa Refusals
1/9/2019The Department of State Liaison Committee discusses the scope of LegalNet review for inquiries concerning nonimmigrant visa refusals under INA section 214(b), as well as refusals based on unfavorable findings from DHS.AILA Doc. No. 19011001Practice Pointer: Filing Mandamus to Request Adjudications of H-1Bs for Cap-Gap Beneficiaries
1/8/2019AILA’s Administrative Litigation Task Force provides a practice pointer regarding filing mandamus actions in district court to request adjudications of H-1B petitions for F-1 cap-gap beneficiaries, which includes a sample mandamus complaint for H-1B cap-gap cases.AILA Doc. No. 18100370Practice Alert: FY2019 H-1B Cap-Subject Petitions Still Pending with the CSC
1/2/2019AILA provides a practice alert regarding FY2019 H-1B cap-subject petitions which remain pending with the California Service Center. USCIS has indicated that it is unable to provide a timeframe for the processing of these cases but that it is working diligently to process them as soon as possible.AILA Doc. No. 19010232Navigate AILA.org
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005Copyright © 1993-2019
American Immigration Lawyers Association. - Law
