For pre-2019 AILA practice pointers and alerts, please visit the Research Library.

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AILA Practice Pointers and Alerts

Practice Alert: Issues with MyUSCIS After USCIS Releases Additional FY2022 H-1B Cap Selection Notices

7/29/2021
USCIS announced it conducted a second round of H-1B registration selections. Email notifications from USCIS included “sign-in” button, which caused concern among members, who instead attempted to login to their myUSCIS accounts, only to encounter error messages and other issues.
AILA Doc. No. 21072908

Practice Alert: Interview Notices for IV Appointments at Ciudad Juarez Being Sent Within Two Weeks of Interview

7/28/2021
AILA’s DOS Liaison Committee provides an alert concerning interview notices for IV appointments at Ciudad Juarez being sent within two weeks and recommendations for preparing clients accordingly.
AILA Doc. No. 21072801

Practice Pointer: Top Five Suggested Changes to the International Entrepreneur Parole Rule

7/26/2021
The AILA EB-5 Committee offers a list of their top five suggested changes to the International Entrepreneur Rule to make the program more viable for international entrepreneurs.
AILA Doc. No. 21072707

Practice Alert: Impact of Address Change for Atlanta National Processing Center

7/28/2021
The DOL Liaison Committee provides updated guidance concerning OFLC’s address change for the Atlanta National Processing Center and the potential impact on PERM notices of filings. Note the 8/25/21 deadline.
AILA Doc. No. 21072230

Practice Alert: Eligibility for CAM Re-Parole

7/16/2021
AILA provides a practice alert after DOS announced the reopening of the Central American Minors (CAM) program. Under CAM, individuals may be granted refugee status. While new applications for the CAM program cannot be filed at this time, re-parole applications are eligible for processing.
AILA Doc. No. 21071632

Practice Alert: Template for CRCL Complaint Regarding Failures to Provide Language Access

7/15/2021
The American Immigration Council and other detention advocacy partners have created a template to file a complaint with the Office for Civil Rights and Civil Liberties (CRCL) on behalf of clients who have faced language access violations. Please customize and use it to file similar complaints.
AILA Doc. No. 21071537

Practice Alert: EB-5 Regional Center Lapse Results in Visas “Unavailable” and Visa Interview Cancellations

7/15/2021
The AILA EB-5 Committee released a practice alert discussing the impacts of the 6/30/21 EB-5 Regional Center program lapse on immigrant visa appointments at U.S. Consulates. Special thanks to EB-5 Committee member Phuong Le.
AILA Doc. No. 21071536

Liaison Update: Key Takeaways from AILA Meeting Concerning DOS Backlog and Delays

7/9/2021
AILA provides key takeaways from the 7/9/21 meeting between AILA and the White House on issues concerning the DOS visa backlog and processing delays exacerbated by the COVID-19 global pandemic. Both parties discussed recommendations AILA raised in a recent policy brief.
AILA Doc. No. 21071331

Practice Alert: DOS Confirms NIEs Automatically Extended for 12 Months

7/6/2021
AILA’s DOS Liaison Committee provides an alert concerning member reports received from posts in Europe and confirmed in official guidance from DOS that NIEs issued by DOS in the last 12 months have been automatically extended for 12 months.
AILA Doc. No. 21070635

Practice Alert: Impacts of Temporary Lapse of EB-5 Regional Center Program (Effective July 1, 2021)

7/2/2021
The AILA EB-5 Committee released a practice alert in response to new EB-5 Regional Center sunset guidance issued by USCIS on July 1, 2021, which conflicts with the agency's prior policy released on June 30, 2021.
AILA Doc. No. 21070299

Practice Alert: Issue with Legal Inquiry Form for U.S. Post in Ciudad Juarez Resolved

7/1/2021
AILA’s DOS Liaison Committee provides an update on reported issues concerning utilizing the legal inquiry form for the U.S. Consulate in Ciudad Juarez.
AILA Doc. No. 21070140

Practice Pointer: AG Garland Precedential Decisions in Matter of A-B- and Matter of L-E-A

7/1/2021
AILA’s Asylum & Refugee Committee prepared a practice pointer on Matter of A-B- and Matter of L-E-A’s impact on pending asylum cases and important reminders for claims based on membership in a particular social group. Special thanks to committee member Katie Herbert Meyer.
AILA Doc. No. 21070135

Update: Summary of Examples Following Reports of USCIS Waiving the In-Person Interview Requirement

6/30/2021
In response to reports received from members indicating that some USCIS offices have been waiving in-person interview requirements for I-485 and I-730 applicants, AILA surveyed its membership for feedback. The following is a summary of the examples collected.
AILA Doc. No. 21063037

Key Takeaways from the June 25, 2021, AILA Meeting with DOJ Leadership

6/29/2021
AILA staff and coalition partners met with DOJ leadership to raise AILA’s top immigration reform priorities. This meeting grew from the March 2021 letter AILA and partners sent to Attorney General Merrick Garland.
AILA Doc. No. 21062934

Practice Alert: Delivery Issues at the USCIS Dallas Lockbox Appear to be Resolved

6/29/2021
After receiving reports from members of some delivery issues at the USCIS Dallas Lockbox, AILA raised the issue to USCIS. It appears that the issue has now been resolved.
AILA Doc. No. 21062933

Practice Pointer: Impact of Behring Regional Center LLC vs. Wolf

7/7/2021
The AILA EB-5 Committee provides this practice pointer regarding the impacts of the Behring Regional Center, LLC litigation vacating the EB-5 Modernization regulations and the June 30, 2021, sunset of the EB-5 Regional Center Program on EB-5 adjudications.
AILA Doc. No. 21062534

Practice Alert: Template NIE Request Based on Support of Critical Infrastructure Sectors

6/24/2021
AILA's DOS Liaison Committee provides a template NIE request for consideration for business travel to the United States based on vital support of critical infrastructure sectors.
AILA Doc. No. 21062434

Practice Alert: Federal Offices Will Be Closed Tomorrow, June 18, 2021, in Honor of Juneteenth

6/17/2021
President Biden signed into law the Juneteenth National Independence Day Act, commemorating the end of slavery in the U.S. by making June 19 a federal holiday. As June 19, 2021, falls on a Saturday, federal offices, including immigration-related agencies, will observe the holiday June 18, 2021.
AILA Doc. No. 21061738

Practice Alert: USCIS Offers Limited-Time Filing Flexibilities for Untimely Lockbox Rejections

6/16/2021
USCIS issued a letter in response to AILA’s recommendations and offered limited-time filing flexibilities to provide relief to certain applicants and petitioners impacted by delays at a USCIS Lockbox.
AILA Doc. No. 21061647

Practice Alert: Update Regarding VSC Address Change Announcement

6/24/2021
In response to member inquiries, AILA updated its practice alert to inform members that the new zip code for Essex Junction is correct, however, it appears that some courier services do not yet recognize the new zip code, which goes into effect on 6/25/21.
AILA Doc. No. 21061642

ICYMI: Practice Alert: June 30 Sunset Date to Affect Certain EB-5 Regional Center Investors

6/24/2021
AILA’s EB-5 Committee provides a practice alert as the applicable provisions of immigration law concerning the EB-5 Immigrant Investor Regional Center Program will “sunset” or expire at midnight on June 30, 2021, as Congress has failed to act to reauthorize the program prior to its sunset.
AILA Doc. No. 21061041

Practice Alert: 2018 SOC Implementation Delayed Until July 1, 2022

6/10/2021
AILA's DOL Liaison Committee provides an update from the DOL OFLC concerning the delayed implementation of 2018 SOC Codes until 7/1/22.
AILA Doc. No. 21061035

Key Takeaways from the May 27, 2021 AILA DOS Liaison Committee Meeting with DOS

6/10/2021
AILA’s DOS Liaison Committee provides key takeaways from its virtual meeting with the Department of State Office of Legal Adviser, National Visa Center, Visa Office, and Waiver Review Division. This document complements the DOS official responses to AILA’s agenda questions.
AILA Doc. No. 21061098

Practice Alert: U.S. Stops Issuing Certain Visas at Chinese Posts in Retaliation for Failure to Repatriate Deportees

6/10/2021
AILA has received reports that the U.S. has stopped issuing certain visas at Chinese posts under INA 243(d), in retaliation for the Chinese government’s refusal to accept deportees. DOS confirmed the existence of this policy during AILA’s 5/27/21 meeting with DOS.
AILA Doc. No. 21061099

Practice Alert: Cancellation of Routine Consular Interviews in London

6/3/2021
AILA's DOS Liaison Committee provides an alert concerning the recent cancellation of scheduled routine consular interviews by the U.S. Embassy in London, as well as guidance on potential next steps for members and their clients.
AILA Doc. No. 21060334

Key Takeaways from Meeting with DHS on Pandemic-Related Travel Restrictions

5/21/2021
On 5/21/21, leadership from the CBP and DOS Liaison Committees, and AILA staff, met with Carrie Anderson, Counselor to the Secretary of Homeland Security and Director of Policy-Family Reunification Task Force. Topics of discussion included pandemic travel bans and expired LPR documentation.
AILA Doc. No. 21060234

Practice Alert: Red Notices and the Application of the Serious Non-Political Crime Bar

5/27/2021
AILA’s DOS Committee provides a practice pointer on the increase in ICE’s targeting and detention of non-citizens with INTERPOL Red Notices especially in cases involving asylum applicants.
AILA Doc. No. 21060137

Practice Alert: DHS Secretary Ratifies Rule Removing 30-Day Initial EAD Processing Requirement for Asylum Seekers

5/27/2021
AILA’s Asylum and Refugee Committee explains the recent ratification of a rule that removed a 30-day processing requirement for initial EAD applications based on a pending asylum application. The alert highlights the benefits of CASA and ASAP membership as they are exempted from this ratification.
AILA Doc. No. 21052730

Practice Pointer: FAQs Concerning Additional H-2B Visas for Second Half of FY2021

5/26/2021
AILA's DOL Liaison Committee provides a resource containing FAQs concerning the DHS and DOL temporary rule releasing 22,000 additional H-2B visas for FY2021.
AILA Doc. No. 21052634

Practice Alert: CBP and DOS Announce That U.S. Citizens May Return to the U.S. on Expired Passports

5/25/2021
AILA provides a practice alert on announcements by CBP and DOS that, beginning May 21, 2021, U.S. citizens will be able to return to the United States on an expired U.S. passport through December 31, 2021, if the traveler meets certain requirements.
AILA Doc. No. 21052538

Practice Alert: Updated Facial Coverings Policy at USCIS Field Offices

5/20/2021
USCIS updated its policy on facial coverings as it pertains to the USCIS Field Offices.
AILA Doc. No. 21052130

Practice Pointer: Suggested Handling of Misdirected Mendez Rojas Notices

5/19/2021
Following reports of misdirected Mendez Rojas notices, AILA’s USCIS Case Assistance Committee provides guidance for returning such notices to USCIS and information regarding the Mendez Rojas class action.
AILA Doc. No. 21052031

Practice Alert: CBP No Longer Accepting NIE Applications at Hartsfield-Jackson Atlanta International Airport

5/17/2021
On 05/14/2021, CBP port of entry in Hartsfield-Jackson Atlanta International Airport informed stakeholders that it will no longer accept NIE applications not related to humanitarian, law enforcement, or national security nature at this location. This includes pending and new requests.
AILA Doc. No. 21051839

Practice Pointer: Defensive Asylum Representation Following Matter of A-C-A-A-

5/18/2021
AILA’s Asylum and Refugee Committee provides a practice pointer on Matter of A-C-A-A and on how practitioners should approach asylum cases substantively and procedurally in its wake. Specifically, the decision alters the nexus analysis adjudicators must perform and significantly narrows it.
AILA Doc. No. 21051838

Practice Pointer: Layoff of U.S. Workers in the PERM Context

5/13/2021
AILA's DOL Liaison Committee provides a resource containing FAQs to assist AILA members in conducting PERM layoff analysis.
AILA Doc. No. 21051335

Practice Alert: DOL OFLC Advises on Upcoming Fix to Form ETA-9141 Email Notification Issue and Planned Order of Review Process

5/10/2021
AILA’s Department of Labor (DOL) Liaison Committee notifies members that OFLC is in the process of resolving an attorney email notification issue involving Form ETA-9141. It also provides details on the planned order of review process for Form ETA-9141 and information from a 4/27/21 OFLC webinar.
AILA Doc. No. 21051042

Reminder: Filing Tips and Resources for FY2022 Cap-Subject H-1B Petitions

5/7/2021
To assist members with the FY2022 H-1B cap-subject filing season, AILA provides practical filing tips and resources. For those H-1B registrations selected in March 2021, the filing period is April 1, 2021, to June 30, 2021.
AILA Doc. No. 21050746

Options and Considerations for Clients with H-1B Rejections or Denials for Failure to List a 10/1/20 Start Date

5/5/2021
In light of recent developments in the Acquia Inc., et. al., v. USCIS lawsuit, AILA provides a practice pointer outlining options and considerations for petitioners with FY2021 H-1B cap-subject petitions rejected or denied for failure to list a 10/1/20 start date on the Form I-129.
AILA Doc. No. 21050538

Practice Alert: USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021

5/4/2021
AILA provides a practice alert announcing that USCIS will suspend the biometrics requirements for certain I-539 applicants for a two-year period beginning on May 17, 2021. The suspension will apply to H-4, L-2, and E-1, E-2, and E-3 categories of certain Form I-539 applications.
AILA Doc. No. 21050437

Practice Pointer: Revised Case Flow Processing Before the Immigration Courts, PM 21-18

4/28/2021
This practice pointer highlights the key changes in EOIR’s PM 21-18, Revised Case Flow Processing Before the Immigration Courts, which implements a new case processing model for represented, non-detained cases.
AILA Doc. No. 21042836

BIRT Byte: What Is the AC21 Requirement to File Form I-485 Within One Year of a Visa Number Becoming Available?

4/27/2021
AILA’s Business Immigration Response Team (BIRT) provides a practice alert regarding the requirement to file a Form I-485 within one year of visa availability in order to extend a client’s H-1B status beyond the sixth year pursuant to section 106(a) of AC21.
AILA Doc. No. 21042738

Practice Pointer: Successor-in-Interest Situations Before PERM Filing – What to Do When the Employer Undergoes Corporate Changes Prior to Filing PERM

4/23/2021
AILA’s DOL Liaison Committee provides a resource for members concerning how DOL handles corporate changes like successor-in-interest situations and what practitioners should consider when filing a PERM application.
AILA Doc. No. 21042330

Practice Pointer: Utilizing a Reentry Permit to Avoid Admissions Issues for LPRs Impacted by COVID-19, and Other Considerations

4/14/2021
AILA provides a practice pointer concerning how to utilize a reentry permit for a lawful permanent resident undertaking longer-term temporary travel as a result of the COVID-19 global pandemic, as well as advising conditional permanent residents and those eligible for naturalization.
AILA Doc. No. 21041435

Practice Alert: Member Reports of Issues Logging in to PERM System

4/12/2021
AILA’s Department of Labor Liaison Committee provides an alert concerning DOL OFLC’s response to reported issues logging in to the PERM system.
AILA Doc. No. 21041242

Practice Alert: USCIS Policy Manual Updates Related to Asylees and Refugees

4/8/2021
AILA’s Asylum and Refugee Committee provides an alert on changes related to termination of USCIS-granted asylum status for principals and/or derivatives, and on changes to when USCIS will require in-person interviews of asylee or refugee adjustment applicants for applications filed after 12/15/20.
AILA Doc. No. 21040830

Practice Pointer: Follow the Selection Notice: Filing an H-1B Cap Petition for a U.S. Master’s Degree Holder Selected Under the Regular H-1B Cap

4/13/2021
On April 12, 2021, in response to an inquiry from the AILA Case Assistance Committee, USCIS provided clarification on how to properly complete an H-1B cap-subject petition.
AILA Doc. No. 21040730

Practice Pointer: Telecommuting Options Trigger New Considerations

4/5/2021
AILA’s DOL Liaison Committee provides a practice pointer to address commonly raised compliance questions surrounding telecommuting policies in the H-1B and PERM contexts.
AILA Doc. No. 21040504

Practice Pointer: Ten Federal Working Day Period for Employers to Take Action on E-Verify Tentative Nonconfirmations (TNCs)

4/1/2021
AILA’s Verification & Documentation Committee provides clarification and recommendations regarding the USICS announcement on October 5, 2020, on changes to the E-Verify Manual related to the 10 federal working day period for E-Verify Tentative Nonconfirmations (TNCs).
AILA Doc. No. 21040241

Practice Alert: Colorado Department of Labor Will Not Enforce Equal Pay Transparency Rules in PERM Recruitment

4/1/2021
AILA’s DOL Liaison Committee provides an alert on the Colorado Department of Labor’s Equal Pay Transparency Rules and confirmation received from the agency that it will not be enforcing the rules for PERM recruitment.
AILA Doc. No. 21040231

Practice Alert: Consular Processing After Sunsetting of Proclamation 10052 and Embassy Backlogs Created by COVID-19 Travel Bans

4/1/2021
Presidential Proclamation 10052, which suspended entry of certain nonimmigrants, expired on March 31, 2021. AILA provides an update on the current state of consular post operations and how members and their clients may be impacted.
AILA Doc. No. 21033134

Practice Pointer: What’s Next After Filing a Form I-539?

4/5/2021
Given the lack of guidance by USCIS for B-1/B-2 visitors who want to enroll in school, the USCIS Case Assistance Committee outlines some considerations for members when responding to RFEs for “bridge” applications and planning for clients’ next steps.
AILA Doc. No. 21033030

Practice Alert: USCIS Completes Initial H-1B Electronic Registration Selection Process and Extends Grace Period for New Form I-129

3/31/2021
On 3/30/21, USCIS announced it had completed the initial FY2022 H-1B cap-subject registration selections. Additionally, USCIS extended the grace period for the new version of Form I-129 (3/10/21 edition). Starting 7/1/21, USCIS will only accept the 3/10/21 edition of the form.
AILA Doc. No. 21032935

Practice Pointer: Your Client’s Case Has Been Rejected: Now What?

3/25/2021
AILA provides a practice pointer suggesting options for when refiling a rejected application/petition is not possible, including steps practitioners can take to attempt to get a rejected application/petition accepted by USCIS, and an approach for resolving erroneous or improper rejections.
AILA Doc. No. 21032531

Practice Alert: Common Issues with the H-1B Registration Process and Reminder That Registration Closes Thursday

3/24/2021
The USCIS HQ Committee and the H-1B Cap Taskforce remind members that the deadline to submit and pay H-1B registration is March 25, 12:00 pm (ET). Please be aware of your time zone. Information regarding common registration issues, including recent glitches, and potential solutions is provided.
AILA Doc. No. 21302390

Practice Alert: Affirmative Asylum Filing and Receipt Issues

3/21/2021
AILA’s Asylum & Refugee Committee provides a practice alert highlighting updates and issues with the affirmative asylum application filing process, including the use of a new Asylum Vetting Center for certain applications.
AILA Doc. No. 21032232

Practice Pointer: Admissions Issues for LPRs Who Were Unable to Timely Return Due to COVID-19

4/9/2021
AILA’s CBP, DOS, and USCIS HQ Liaison Committees provide a practice resource discussing reported admissions issues for LPRs due to the COVID-19 global pandemic, recommended options for clients impacted by airline boarding restrictions, and strategies to overcome these restrictions.
AILA Doc. No. 21031943

Practice Pointer: USCIS Interviews During the COVID-19 Pandemic

3/17/2021
AILA members have reported various changes to USCIS interviews during the pandemic depending on field office. Some of the new procedures include conducting interviews at the window, conducting interviews via video, and separating the petitioner and applicant due to new room occupancy limits.
AILA Doc. No. 21031746

Practice Alert: Venezuela TPS Filing Clarifications and Special Considerations

3/18/2021
AILA’s USCIS Case Assistance Committee received clarification from USCIS on inconsistencies related to filing zip codes and fees on Form I-821 instructions and the FR notice implementing TPS for Venezuela. The committee provides a practice alert with the clarifications and additional filing tips.
AILA Doc. No. 21031637

Practice Pointer: Guidance for Filing Applications After USCIS Announces It Will Stop Applying the Public Charge Final Rule

3/12/2021
The USCIS Case Assistance Committee provides a practice pointer on how to file Forms I-485, I-129, and I-539, and respond to related requests for evidence in light of USCIS’s announcement that it will no longer apply the Public Charge Final Rule.
AILA Doc. No. 21031140

Practice Alert: Impact of Mail Service Delays on Delivery of H-2B Cap Petitions

3/5/2021
AILA provides an alert concerning recent mail carrier delays that affected delivery of cap-subject H-2B petitions, as well as the results of AILA’s escalation of the issue to USCIS.
AILA Doc. No. 21030845

Practice Alert: DOS Updates Guidance for National Interest Exceptions for Certain Travelers from the Schengen Area, U.K., and Ireland

3/5/2021
AILA provides an alert with DOS guidance concerning the retraction of certain categories previously eligible for national interest exceptions for the Schengen Area, U.K., and Ireland. DOS also created a new category for certain travelers seeking to provide vital support for critical infrastructure.
AILA Doc. No. 21030536

Practice Pointer: Reason to Believe and Dealing with a Non-Standard, Standard of Review

3/4/2021
AILA’s DOS Liaison Committee provides a review of DOS’s interpretation of “reason to believe,” and relevant information and guidance received during the 12/11/20 liaison meeting. In addition, the committee provides guidance on advising clients concerning overcoming a determination.
AILA Doc. No. 21030439

Practice Pointer: USCIS Receipt Delays and Employment Verification Considerations

3/3/2021
AILA’s USCIS Case Assistance Committee and Verification and Documentation Liaison Committee provide a practice pointer addressing Form I-9 employment verification considerations in light of lengthy USCIS receipt delays.
AILA Doc. No. 21030339

Practice Advisory: Information for Attorneys Representing Clients Currently in the Migrant Protection Protocols (MPP)

3/3/2021
AILA's Asylum and Refugee Committee provides a practice advisory on the operation and implementation of the initial phase of the MPP wind down, including information on how to register and assist eligible individuals for processing from Mexico into the U.S. for further removal proceedings.
AILA Doc. No. 21030333

Practice Alert: EB-5 Class Action Member Identification Notice on “Loan Proceeds” and “Indebtedness” Issues

3/3/2021
AILA’s EB-5 Committee provides a practice alert addressing possible relief for EB-5 investors adversely affected by USCIS’s “loan proceeds” policy invalidated by the D.C. Circuit in October 2020. If your EB-5 investor client was denied under this policy, you may be able to get the case reopened.
AILA Doc. No. 21030330

Practice Alert: Biden Administration Rescinds Buy American and Hire American (BAHA) EO and 2017 Computer Programmer Memo

3/2/2021
AILA’s Business Immigration Response Team (BIRT) provides a summary of recent actions that have resulted in the revocation and rescission of two Trump-era immigration policies, including the “Buy American and Hire American” executive order, and the 2017 computer programmer memorandum.
AILA Doc. No. 21030230

Practice Alert: ICE Interim Guidance on Civil Immigration Enforcement and Removal Priorities

3/8/2021
AILA provides a practice alert with a summary of the February 18, 2021, memo from ICE Acting Director Tae Johnson titled, Interim Guidance: Civil Immigration Enforcement and Removal Priorities.
AILA Doc. No. 21022334

Practice Alert: District Court Preserves Validity of Most FY2020 Diversity Visas

2/22/2021
AILA provides an update concerning the D.C. district court emergency injunction preserving and extending the validity of most DV-2020 visas, as well as news from DOS concerning the issuance of national interest exceptions for DV winners with visas expiring between 2/17/21 and 2/28/21.
AILA Doc. No. 21022236

Practice Pointer: Remote I-9 Documentation Review: Don't Let Your Clients Become Complacent - Verify Now!

2/19/2021
AILA’s Verification and Documentation Committee shares a practice pointer to focus attention on what will happen when DHS’s compliance flexibility policy regarding I-9 documents, issued on March 19, 2020, ends. The issue is of particular importance for businesses operating remotely.
AILA Doc. No. 21022231

Practice Alert: USCIS Issues FY2021 Nonselection Notices and Shares FY2022 Updates Regarding H-1B Registrations

2/10/2021
AILA’s USCIS Case Assistance Committee provides a practice alert notifying members that USCIS has begun issuing nonselection notices for FY2021 H-1B registrations and providing some additional updates regarding the FY2022 registration process.
AILA Doc. No. 21020937

Practice Pointer: FAQs on DHS’s Withdrawal of the NTA Policy and How It Affects U and T Visa Applicants and VAWA Self-Petitioners

2/9/2021
On 1/20/21, DHS withdrew USCIS’s 6/28/18 policy memo that outlined its NTA policy. AILA's VAWA, Us, and Ts Committee issued a practice pointer containing frequently asked questions concerning the impact of the withdrawal of the NTA policy on U and T visa applicants and VAWA self-petitioners.
AILA Doc. No. 21020936

Practice Alert: BIA Decision in Matter of H-L-S-A Narrows Protection for Government Witnesses

2/8/2021
AILA provides a practice alert on formulating particular social groups for government witnesses after Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021), which limits protection to individuals who publicly testify against criminal groups. Special thanks to the AILA Asylum and Refugee Committee.
AILA Doc. No. 21020808

Practice Alert: Client Signatures Not Required on Form G-28 for Individuals in Detention

2/8/2021
ICE Enforcement and Removal Operations has temporarily relaxed the requirement for a physical signature on Form G-28 from represented individuals in immigration detention.
AILA Doc. No. 21020806

Practice Alert: Rotating IJ Schedules No Longer Available on EOIR's Website

4/9/2021
EOIR has stopped providing the rotating schedules for immigration judges conducting hearings in person on its website. AILA’s EOIR/ICE Joint Liaison Committee continues to advocate for adequate notice of hearing changes and cancellations.
AILA Doc. No. 21020805

Practice Alert: State of Play Following Presidential Executive Order on Comprehensive Regional Framework and Asylum

2/5/2021
This practice alert provides an overview of the 2/2/21 EO on “Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border.”
AILA Doc. No. 21020545

Practice Pointer: Biden Administration Announces Limited Immediate Change to Public Charge Rules

2/10/2021
AILA’s USCIS HQ (Benefits Policy) Committee provides a practice pointer addressing the current state of play regarding the public charge grounds of inadmissibility in light of President Biden’s February 2, 2021, Executive Order addressing public charge.
AILA Doc. No. 21020433

Practice Alert: EOIR Final Rule Making Major Changes to BIA Procedures Enjoined by District Court

3/26/2021
On 1/15/21, the DOJ/EOIR rule, Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure, which makes dramatic changes to immigration appeals procedures, became effective. On 3/10/21, it was enjoined by a district court.
AILA Doc. No. 21020333

Practice Pointer: Suggestions for Navigating the Biometrics Process

2/3/2021
AILA’s USCIS Case Liaison Assistance Committee provides suggestions for the biometrics process to assist members in counseling clients on this increasingly challenging requirement for a wide array of immigration benefits.
AILA Doc. No. 21020332

The Trump Administration’s Final Regulatory Stand

2/2/2021
The Trump administration published several midnight regulations to preserve its immigration policy legacy, but was not able to finalize them all. AILA provides a document identifying regulations that were finalized by inauguration day and whose status could change in the coming months.
AILA Doc. No. 21020331

Practice Alert: H-1B Registrant Accounts Can Be Created Starting March 2, 2021

2/24/2021
On 2/24/21, AILA updated its practice alert to notify members that prospective petitioners seeking to create new H-1B registrant accounts in MyUSCIS (“I am an H-1B registrant” account type) will be able to do so starting March 2, 2021, at noon (ET).
AILA Doc. No. 21020231

Practice Alert: OFLC Sends Alert Concerning Phase II Emergency Redeterminations for PWDs Issued Under DOL’s Prevailing Wage Rule

2/1/2021
AILA’s DOL Liaison Committee provides an alert about DOL OFLC’s reissuance of certain PWDs issued from 10/8/20 through 12/4/20. In an email on 1/29/21, OFLC alerted stakeholders with impacted PWDs as to how they might make a phase II redetermination request, and specified a 2/8/21 deadline to do so.
AILA Doc. No. 21020134

Practice Alert:  ICE Interim Enforcement Priorities

2/1/2021
This alert provides a summary of President Biden’s Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities along with its implementing DHS memo. It also provides practice tips for members to consider based on the new priorities.
AILA Doc. No. 21020132

Practice Alert: Summary of Examples Collected by AILA Regarding USCIS Customer Service

1/29/2021
In response to reports of challenges navigating USCIS customer service, AILA surveyed its membership to obtain feedback and gather specific case examples to better understand the issues reported. AILA provides a high-level summary of the examples collected.
AILA Doc. No. 21012942

Practice Alert: CBP Ports Resume Accepting NIEs for Schengen Area, U.K., Ireland, and Brazil

2/19/2021
AILA’s CBP Liaison Committee updated its practice alert in light of resumed acceptance of National Interest Exceptions related to COVID-19-related travel restrictions at CBP Ports of Entry, but only under limited circumstances.
AILA Doc. No. 21012738

Practice Alert: Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease

1/25/2021
AILA provides a practice alert concerning President Biden’s 1/25/21 proclamation maintaining travel restrictions on individuals from the Schengen Area, U.K., Ireland, and Brazil, as well as adding restrictions on individuals from South Africa.
AILA Doc. No. 21012539

Practice Alert: Biden Administration Executive Order Promoting COVID-19 Safety in Domestic and International Travel

1/23/2021
AILA provides this practice alert on the Executive Order on Promoting COVID-19 Safety in Domestic and International Travel, which will assess the CDC order of January 12, 2021, regarding the requirement of a negative COVID-19 test. Please note that all COVID-19 related travel bans remain in place.
AILA Doc. No. 21012390

Practice Alert: Federal Court Grants Partial Injunction of Proposed EOIR Fee Increases

1/23/2021
AILA’s EOIR/ICE Liaison Committee provides a Practice Alert on a recent partial injunction that delayed implementation of the more egregious increases in immigration court fees for individuals in removal proceedings. The enjoined fee increases were scheduled to take effect on January 19, 2021.
AILA Doc. No. 21012236

Practice Alert: O*Net Archive of 2010 OWL SOC Codes

1/21/2021
AILA’s DOL Liaison Committee provides an alert concerning an archive of 2010 OWL SOC Codes provided by O*Net.
AILA Doc. No. 21012142

Practice Alert: Presidential Proclamation on Ending Discriminatory Bans on Entry to the United States

1/26/2021
AILA provides an updated practice alert on key points from the Biden administration’s proclamation ending the Muslim and Africa travel bans. The alert also includes recommended next steps for members and guidance provided by DOS concerning how it will address cases previously subject to the bans.
AILA Doc. No. 21012139

Practice Alert: DOS Temporary Final Rule Creates Visa Bond Pilot Program for Certain B-1/B-2 Applicants

1/20/2021
AILA provides a practice alert summarizing the Department of State’s visa bond pilot program for certain B-1/B-2 applicants, as well as its impact.
AILA Doc. No. 21012034

Practice Alert: DOL Final Rule Will Dramatically Increase Prevailing Wages

1/14/2021
AILA provides a practice alert summarizing a DOL final rule published on 1/14/21 that will dramatically change the computation of prevailing wage levels. The rule is scheduled to take effect on 3/15/21; the effective date might be further delayed by the Biden administration.
AILA Doc. No. 21011413

Practice Alert: DHS Publishes Final Rule Creating Wage-Based Selection System for Cap-Subject H-1B Petitions

1/11/2021
AILA provides a practice alert summarizing a DHS final rule published on 1/8/2021 that would replace the current random selection process by which USCIS selects H-1B registrations for filing of H-1B cap-subject petitions with a wage-based selection process. The rule will take effect on 3/9/21.
AILA Doc. No. 21011230

Practice Alert: DOL FLAG Issue Impacting “Case History” Information Resolved

1/11/2021
AILA’s DOL Liaison Committee has received reports of case history not appearing in the submitted and historical sections in the FLAG system after maintenance took place on 1/10/21. The committee reached out to DOL OFLC and has received notice that the issue has been resolved.
AILA Doc. No. 21011106

Practice Pointer: Florida’s E-Verify Law Effective January 1, 2021

1/1/2021
On June 30, 2020, Florida Governor Ron DeSantis signed SB 664: Verification of Employment Eligibility into law. The end result of the passed legislation places a burdensome documentation requirement on private employers in Florida that exceeds the requirements set out in federal law.
AILA Doc. No. 21010803

Practice Alert: USCIS Begins Sending Invites to Certain Applicants to Resubmit I-485 Applications That Were Previously Rejected

4/13/2021
As stakeholders receive invitations to resubmit certain I-485 applications that were previously rejected, AILA reminds members that because USCIS is no longer following the public charge rule, there is no need to include Form I-944 and related documents with a resubmitted I-485 application.
AILA Doc. No. 21010510

Practice Pointer: Matter of Arbin Corporation, Important Travel Language, and Procedural Updates

12/30/2020
AILA provides a practice pointer from a webinar on trends and strategies for PERM in a COVID-19 economy. The practice pointer discusses the procedural aspects of Matter of Arbin Corporation, as well as Arbin's discussion of travel requirements.
AILA Doc. No. 20123000

Practice Pointer: How to File FOIA Requests with DHS and USCIS

12/22/2020
AILA National's FOIA Committee has prepared a Practice Pointer on how to file a Freedom of Information Act (FOIA) request with the U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS).
AILA Doc. No. 20122903

Practice Alert: EOIR Updates Practice Manual; Changes Filing Deadlines for Non-Detained Cases

12/29/2020
On December 23, 2020, the OCIJ updated its Immigration Court Practice Manual. Among other changes, the OCIJ changed the filing deadlines for non-detained cases from 15 days to 30 days prior to the hearing.
AILA Doc. No. 20122901

Practice Pointer: How to File FOIA Requests with EOIR

12/23/2020
AILA National's FOIA Committee has prepared a Practice Pointer on how to file a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR).
AILA Doc. No. 20122900

Practice Pointer: How to File FOIA Requests with ICE

12/23/2020
AILA National's FOIA Committee has prepared a Practice Pointer on how to file a Freedom of Information Act (FOIA) request with DHS Immigration and Customs Enforcement (ICE).
AILA Doc. No. 20122814

Practice Pointer: How to File FOIA Requests with DOS

12/22/2020
AILA National's FOIA Committee has prepared a Practice Pointer on how to file a Freedom of Information Act (FOIA) request with the Department of State (DOS).
AILA Doc. No. 20122807

Practice Pointer: How to File FOIA Requests with DOL

12/23/2020
AILA National's FOIA Committee has prepared a Practice Pointer on how to file a Freedom of Information Act (FOIA) request with the Department of Labor (DOL).
AILA Doc. No. 20122805

Practice Pointer: How to File FOIA Requests with CBP

12/23/2020
AILA National's FOIA Committee has prepared a Practice Pointer on how to file a Freedom of Information Act (FOIA) request with DHS Customs and Border Protection (CBP).
AILA Doc. No. 20122804

Practice Pointer: Requesting Attorney’s Fees and Costs After FOIA Litigation

11/17/2020
This practice pointer, drafted by Michael Gahagan for the Make the Government Pay webinar, provides a detailed analysis of how attorneys can recover fees after successfully litigating FOIA cases under the Freedom of Information Act and the Open Government Act.
AILA Doc. No. 20122322

Practice Alert: Rescheduling of USCIS Interviews and Other COVID Updates

12/23/2020
The AILA Field Operations Committee would like to advise members on travel outside the U.S. and how it may affect in person interviews, as well as other field office updates based on recent survey results.
AILA Doc. No. 20122309

Practice Pointer: Naming Conventions for Alternative Wage Surveys on LCA Form ETA-9035 and Prevailing Wage Request Form ETA-9141

12/23/2020
AILA’s DOL Liaison Committee provides a resource on alternative wage surveys and their proper naming conventions based on information included in quarterly performance public disclosure data provided by the DOL. The information is current as of 12/22/20.
AILA Doc. No. 20122308

Practice Alert: Recent Final Rules Affecting Asylum, Withholding of Removal and Credible Fear/Reasonable Fear Determinations, and the Third Country Transit Ban

12/23/2020
This Practice Alert highlights three recently published final rules that will take effect in January 2021 and have a profound impact upon applicants for asylum, withholding of removal, and CAT protection.
AILA Doc. No. 20122307

Practice Alert: Select Immigration Courts Have Resumed Some Master Calendar Hearings

12/22/2020
As previously announced, certain immigration courts have resumed non-detained hearings. This practice alert identifies which of these reopened courts have resumed master calendar hearings in some capacity.
AILA Doc. No. 20122213

Practice Alert: Omnibus Bill Extends Various Immigration Programs and Provides Relief for Mixed-Status Families

12/28/2020
On 12/27/20, President Trump signed the Omnibus Bill and COVID package, which extends certain immigration programs set to expire, grants authority to DHS to increase the number of H-2B visas, and provides COVID relief to mixed-status families. AILA provides a practice alert with more information.
AILA Doc. No. 20122212

Practice Alert: USCIS Agrees to Stop Rejecting Applications and Petitions for Blank Spaces as of December 28, 2020

12/21/2020
As a result of class action litigation in Vangala v. USCIS challenging USCIS's “No Blank Space” policy, USCIS has agreed to stop implementing the rejection policy for asylum applications and U visa petitions starting December 28, 2020. AILA provides a practice alert with additional details.
AILA Doc. No. 20122100

Practice Alert: OFLC Provides Instructions on How to Resolve Problems Logging into the PERM Portal

12/17/2020
The DOL Liaison Committee reached out to OFLC to report ongoing difficulties reported by members trying to log into the PERM portal. OFLC investigated the issue and has provided instructions on how to clear the cache, which should help resolve the issue.
AILA Doc. No. 20121630

Practice Pointer: Information on Service of Process on the U.S. Attorney in a Federal Lawsuit

12/15/2020
AILA provides information on complying with rule 4(i) of the Federal Rules of Civil Procedure regarding service of summonses on the United States Attorney in a federal lawsuit.
AILA Doc. No. 20121562

Practice Alert: Multiple Biometrics Notices

12/11/2020
AILA’s USCIS Case Assistance Committee is actively monitoring the issue of multiple biometrics notices and is in active communication with USCIS. This practice alert will be updated upon receipt of new information.
AILA Doc. No. 20121131

Practice Pointer: What Practitioners Need to Know About the Third Country Transit Ban (Asylum Ban 2.0)

12/8/2020
This practice pointer provides background information on, as well as best practices and tips for effectively addressing, the third country transit ban, also known as Asylum Ban 2.0. Special thanks to the AILA Asylum and Refugee Committee.
AILA Doc. No. 20120837

Practice Alert: Ninth Circuit Court of Appeals Upholds Limited Preliminary Injunctions of the DHS Public Charge Rule

2/4/2021
AILA updated its practice alert to note that the Ninth Circuit granted the government's motion to stay the issuance of the mandate pending resolution of a petition for writ of certiorari. DOJ has signaled that it’s reconsidering its litigation position and we will keep you updated as we learn more.
AILA Doc. No. 20120236

Practice Alert: Update on OFLC’s Compliance with District Court Ruling Setting Aside Prevailing Wage Rule

12/9/2020
AILA’s DOL Liaison Committee provides an update from DOL OFLC concerning its compliance with the December 1, 2020, district court order setting aside the Interim Final Rule (IFR) altering prevailing wage levels and its reimplementation of pre-IFR OES wage data from July 1, 2020.
AILA Doc. No. 20120233

Practice Alert: New Scheduling Orders in Removal Proceedings

12/2/2020
AILA has received numerous reports that members across the country have received “scheduling orders” from various immigration courts, setting short deadlines for the filing of written pleadings and applications for relief.
AILA Doc. No. 20113037

Practice Alert: IPO Provides Video with EB-5 Program Updates

11/24/2020
The AILA EB-5 Committee provides a summary of a 11/10/20 video presentation provided by the Immigrant Investor Program Office (IPO) of EB-5 program updates. Special thanks to David Morris and Michele Franchett.
AILA Doc. No. 20112434

Practice Advisory: Insight into USCIS's Application of the "No-Blanks" Policy to U-Visa Petitions

11/23/2020
As a result of litigation filed under FOIA, AILA, ASISTA, and Urban Justice Center issued a joint practice advisory highlighting released internal records from USCIS concerning "no-blanks" policy for Form I-918 and I-918A.
AILA Doc. No. 20112341

Trump Policies That May Be Finalized Before Inauguration Day 2021

1/21/2021
AILA provides an update on executive actions that have been finalized since August 21, 2020, or may be finalized before Inauguration Day by the Trump administration. Updates since December 9, 2020, are highlighted in yellow.
AILA Doc. No. 20112338

Practice Advisory: Requesting Attorney’s Fees and Costs After FOIA

11/17/2020
As part of AILA’s seminar, “Make the Government Pay,” the speakers provide this practice advisory that addresses compensation for plaintiffs including an award for attorney fees and litigating costs in immigration-related FOIA cases especially when the immigrant is in a removal proceeding.
AILA Doc. No. 20112337

Practice Pointer: November 2020 EB-5 Visa Waiting Time Update

11/20/2020
The AILA EB-5 Committee provides important insights regarding the latest EB-5 data presented by Mr. Charles Oppenheim at the IIUSA Virtual EB-5 Industry Forum on 11/19/20. Special thanks to AILA members Bernie Wolfsdorf and Joseph Barnett.
AILA Doc. No. 20112031

Practice Alert: USCIS Will Not Issue Refunds for Duplicate I-485 Applications

4/6/2021
AILA provides an updated practice alert on expiring filing fee checks and receipt notice delays. USCIS is advising applicants to not file a second, duplicate application when an I-485 application has already been filed. USCIS also confirmed that it will not refund and return duplicate I-485 filings.
AILA Doc. No. 20111936

Practice Pointer: How to Use Expert Witnesses in Immigration Court After Matter of J-G-T-

11/19/2020
Practice pointer with tip on proffering an expert following Matter of J-G-T-, 28 I & N Dec. 97 (BIA 2020), which concerns an IJ's duty to make findings regarding expert testimony. Special thanks to the AILA Asylum and Refugee Committee.
AILA Doc. No. 20111932

Practice Pointer: Immigration Compliance Issues That May Involve Labor Law Issues

11/16/2020
AILA provides a Practice Pointer on decisions issued by the National Labor Relations Board and an Administrative Law Judge of the NLRB, respectively, concerning an employer’s obligation to bargain with its employees’ union on immigration compliance issues, internal I-9 audits, and E-Verify.
AILA Doc. No. 20111730

Joint Practice Advisory: Adjustment of Status for TPS Holders After Matter of Z-R-Z-C-

11/2/2020
NILA, AILA, and AIC issued a practice advisory addressing USCIS’s reversal of its longstanding policy of treating authorized travel by TPS holders as “parole” for adjustment of status. The advisory suggests strategies and arguments for TPS holders who have or will travel on advance parole.
AILA Doc. No. 20110431

Practice Pointer: Roadmap to Alternative Wage Surveys for LCAs and PWDs

10/30/2020
AILA’s DOL Liaison Committee offers guidance on how to use alternative wage surveys for LCAs and PWDs in light of the DOL interim final rule that went into effect on 10/8/20 and that significantly restructured prevailing wage levels.
AILA Doc. No. 20103033

Practice Alert: DHS Proposes Rule to Create Wage-Based Selection System for H-1B Cap-Subject Petitions

10/29/2020
AILA provides a Practice Alert summarizing key provisions of the DHS proposed rule that would change the H-1B registration process by creating a wage-based selection system. The NPRM will be published in the Federal Register on 11/2/20, with comments due 30 days after publication.
AILA Doc. No. 20102937

Practice Pointer: USCIS’s New Policy of Identifying Waived Grounds of Inadmissibility on I-192 Approval Notices for U and T Visa Applicants

10/27/2020
The AILA VAWA, U, & T Committee issued a Practice Pointer to inform members about a USCIS policy on identifying waived grounds of inadmissibility on I-192 approval notices for U and T Visa applicants.
AILA Doc. No. 20102740

Practice Pointer: USCIS Requires Derivatives Abroad to Sign Derivative U-Visa Petitions Filed on Their Behalf

10/27/2020
The AILA VAWA, U, & T Committee issues a Practice Pointer informing members about a new USCIS requirement that derivatives abroad should sign derivative U-Visa petitions, or Forms I-918, Supplement A, filed on their behalf.
AILA Doc. No. 20102739

Practice Alert: Requesting Premium Processing for Downgrade Form I-140 Petitions and Expiring Forms I-485 and Supplement J

10/26/2020
AILA is updating its practice alert based on USCIS’s notice that it will continue accepting Forms I-485, I-485A, and I-485J despite the 10/31/20 expiration date until the new forms are published.
AILA Doc. No. 20102343

Practice Advisory: Telephonic Appearance of Attorneys at USCIS Interviews

10/22/2020
The AILA Field Operations Committee created this practice advisory to serve as guidance for members navigating telephonic appearances at USCIS interviews. Special thanks to Field Operations Committee members Jeannie Kain, Kreuza Gjezi, and Neil Dornbaum for their work on this alert.
AILA Doc. No. 20102237

Practice Pointer: Proceed with Caution - Using Less Common SOC Occupations in O*NET

10/21/2020
AILA’s DOL Liaison Committee offers guidance concerning using less common SOC occupations in O*Net in light of the DOL IFR effective on 10/8/20 significantly restructuring prevailing wage levels.
AILA Doc. No. 20102136

Practice Alert: USCIS Increased Premium Processing Fees Effective October 19, 2020

10/21/2020
AILA alert that USCIS announced that it will increase premium processing fees beginning on Monday, October 19, 2020.
AILA Doc. No. 20101604

Practice Alert: Reminder to Use the Correct Version of the Electronic PERM Certification Sent by DOL OFLC

10/15/2020
AILA’s DOL Liaison Committee reminds members, when filing an I-140 petition, to use the electronic PERM certification sent by DOL OFLC via email and not the downloadable version available in the PERM Portal.
AILA Doc. No. 20101531

Practice Alert: CSPA Beneficiaries Not Included in Exceptions to Proclamations 10014 and 10052 Suspending Entry of Certain Immigrants

10/12/2020
AILA’s DOS Liaison Committee provides an alert concerning the application of PP 10014 and 10052 for CSPA-protected visa applicants and their eligibility for an exception under the proclamations.
AILA Doc. No. 20101331

Practice Pointer: Tips for Reviewing Form I-485 for an Employment-Based AOS

10/9/2020
AILA’s Case Assistance Committee provides helpful tips for reviewing the current edition of Form I-485 (10/15/19) for employment-based AOS applications to help avoid unnecessary rejections by USCIS.
AILA Doc. No. 20100991

Practice Alert: Key Provisions of the DHS IFR Amending Requirements for H-1B Nonimmigrant Visa Classification

10/9/2020
AILA provides a practice alert summarizing the key provisions of the DHS Interim Final Rule, effective 12/7/20, amending requirements for the H-1B nonimmigrant visa classification, including provisions on specialty occupation, third-party worksites, employer-employee relationships, and more.
AILA Doc. No. 20100910

Practice Alert: Office of Biometric Identity Management FOIA Delays

10/8/2020
AILA provides an update regarding reports about delays in responses to FOIA requests made with the Office of Biometric Identity Management. In September 2020, the Acting FOIA Public Liaison indicated that the delays are due to precautions that the FOIA division took during the COVID-19 pandemic.
AILA Doc. No. 20100839

Practice Alert: Legal Access Rights at the Irwin and Stewart Detention Centers

10/1/2020
SPLC provides information for attorneys who work with clients inside the Irwin and Stewart detention centers in Georgia, including legal access rights pursuant to a recent order in SPLC v. DHS.
AILA Doc. No. 20100833

Practice Pointer: October 2020 Visa Bulletin and Multiple I-140 Petitions

10/9/2020
On 10/9/20, AILA updated its practice pointer on pages three and four to address member questions regarding whether the EB-3 downgrade I-140 petition should be treated as a separate new petition or as an amended petition.
AILA Doc. No. 20100731

Practice Alert: DOL Interim Final Rule Advance Copy Indicates Changes to Computation of Prevailing Wage Effective October 8, 2020

10/8/2020
AILA’s DOL Liaison Committee provides a practice alert concerning the new DOL IFR that amends existing regulations governing PERM labor certifications and LCAs. Members who can do so should take advantage of the current wage levels by filing LCAs before 10/8/20 when the IFR becomes effective.
AILA Doc. No. 20100601

Practice Pointer: DOL Liaison Committee’s Top DOL OFLC Updates from Q4 of FY2020

10/6/2020
AILA’s DOL Liaison Committee provides top takeaways from the Department of Labor Office of Foreign Labor Certification’s updates in the fourth quarter of FY2020.
AILA Doc. No. 20100637

Practice Pointer: Observations on the October 2020 Visa Bulletin

9/29/2020
AILA’s DOS Liaison Committee provides its observations concerning the October 2020 Visa Bulletin and the rapid movement of several employment-based immigrant visa categories, as well as tips for advising clients considering filing AOS applications.
AILA Doc. No. 20092937

Practice Pointer: Obtaining an Exception for H-2B Visas Under Presidential Proclamation 10052, Suspending Entry of Certain Nonimmigrants

9/29/2020
AILA’s DOL Liaison Committee provides a practice pointer on obtaining an exception for H-2B visas under Presidential Proclamation 10052, which suspends entry of certain nonimmigrants.
AILA Doc. No. 20092934

Practice Alert: Important Updates Regarding Form I-765, Application for Employment Authorization

10/5/2020
AILA updated its practice alert regarding the current filing fees for Form I-765 and other key considerations in light of the 9/29/20 preliminary injunction of the new USCIS fee rule as well as the 9/11/20 preliminary injunction in Casa de Maryland et al., v. Chad Wolf.
AILA Doc. No. 20092933

Practice Alert: Forthcoming Regulations Would Fundamentally Impact the H-1B Visa Program and Prevailing Wage Levels

10/1/2020
On 10/1/20, OIRA updated its website that the DHS H-1B and DOL Wage Level regulations have been withdrawn. USCIS has indicated that OIRA waived review of the H-1B rule, but the rule remains active and is a "priority rulemaking item" for USCIS.
AILA Doc. No. 20092832

BIRT Byte: Top 10 Things You Need to Know About the U.S.- Canada Land Border Closure

9/24/2020
AILA’s Business Immigration Response Team (BIRT) provides a practice pointer addressing travel restrictions on the U.S.-Canada land border in light of the COVID-19 pandemic. Special thanks to Danielle Rizzo.
AILA Doc. No. 20092434

Practice Alert: Temporary Changes to Asylum Interview Interpreter Requirements

9/22/2020
AILA provides a Practice Alert explaining a temporary final rule, effective 9/23/20, which provides that asylum applicants are no longer required to provide interpreters at interviews but should proceed with DHS-provided telephonic interpreters. Special thanks to the Asylum and Refugee Committee.
AILA Doc. No. 20092234

ICYMI: Practice Pointer: DOS Liaison Committee Insights as We Await the October 2020 Visa Bulletin

9/18/2020
AILA’s DOS Liaison Committee provides its insight and recommendations in advance of the October 2020 visa bulletin. Of note is the significant number of employment-based visas likely to be available for allocation in FY2021.
AILA Doc. No. 20091810

Practice Alert: Litigation Ends USCIS Planned Fee Increase for EB-5 Forms

2/26/2021
AILA’s EB-5 Committee provides a pointer alert regarding the impact of the final USCIS fee rule on the EB-5 visa program. The fee rule goes into effect on October 2, 2020. Special thanks to Kripa Upadhyay and David Morris.
AILA Doc. No. 20091806

ICYMI: Practice Pointer: New USCIS Forms, Fees, and Procedures in Effect as of October 2, 2020

9/18/2020
AILA provides a pointer regarding the final USCIS fee rule, highlighting key changes to USCIS forms, fees, and other procedural changes that will go into effect on October 2, 2020, as well as highlighting litigation challenging the fee rule. Special thanks to Michael Turansick.
AILA Doc. No. 20091805

Practice Pointer: Obtaining NIV Appointments and Applying for COVID- Related NIEs

6/15/2021
AILA’s DOS Liaison Committee provides an updated practice pointer on how to obtain NIV appointments and national interest exception (NIE) waivers for those impacted by the geographic COVID-19 related travel bans.
AILA Doc. No. 20091704

Practice Alert: Erroneous Processing Times for Form I-765 (c)(9) Pending With NBC Resolved

9/14/2020
The AILA Case Assistance Committee received reports of exceedingly long USCIS posted processing times (28.5 to 37 months) for Forms I-765 (c)(9) pending with the NBC. AILA reached out to USCIS and was informed that this was an error that has been corrected.
AILA Doc. No. 20091490

Practice Alert: End to Airport Health Screenings Does Not Lift Travel Bans

9/14/2020
The CBP Liaison Committee issued a practice alert emphasizing that DHS’s notice terminating arrival restrictions, to be published in the Federal Register on 9/15/20, does not lift or change the country-specific COVID travel bans or Presidential Proclamations 10014 and 10052.
AILA Doc. No. 20091406

Practice Alert: Matter of Z-R-Z-C Holds That TPS Recipients Returning from Authorized Travel Abroad Are Not “Inspected and Admitted or Paroled” for Purposes of §245(a)

9/14/2020
AILA provides a practice alert regarding the AAO adopted decision, Matter of Z-R-Z-C, including a summary of the decision’s key holdings, its future impact, as well as practice tips in light of the decision. Special thanks to Michael Turansick, Nicole Simon, and Mary Beth Kaufman.
AILA Doc. No. 20091402

Practice Pointer: Obtaining a National Interest Exception for Presidential Proclamation 10052, Suspending Entry of Certain Nonimmigrants

9/8/2020
AILA’s DOS Liaison Committee provides a practice pointer concerning obtaining a national interest exception (NIE) for Presidential Proclamation 10052, which suspends entry of certain nonimmigrants.
AILA Doc. No. 20090930

Practice Pointer: Obtaining a National Interest Exception for Presidential Proclamation 10014, Suspending Entry of Certain Immigrants

9/9/2020
AILA’s DOS Liaison Committee provides a practice pointer concerning obtaining a national interest exception for Presidential Proclamation 10014, which suspends entry of certain immigrants.
AILA Doc. No. 20090840

Practice Alert: Advising Clients Concerning Impact of Preliminary Stay in Gomez v. Trump on DV-2020 Selectees

10/1/2020
AILA provides an update concerning an order granting supplemental relief for certain DV-2020 selectees after a 9/4/20 injunction required DOS to undertake good-faith efforts to expeditiously process and adjudicate, issue, or reissue visas for 2020 DV applicants and their beneficiaries.
AILA Doc. No. 20090838

Practice Alert: U.S.-Canada Safe Third Country Agreement Declared Unconstitutional by Canadian Federal Court

9/4/2020
AILA National’s Asylum and Refugee Committee provides a practice alert regarding the decision of the Canadian Federal Court stating that the STCA impermissibly infringes upon asylum seekers’ rights by returning them to CBP to face U.S. immigration detention and removal proceedings.
AILA Doc. No. 20090837

Practice Alert: Visa Chargeability in Light of Executive Order on Hong Kong Normalization

9/8/2020
AILA’s DOS Liaison Committee provides a brief update concerning Presidential Proclamation 13936 concerning Hong Kong normalization and its impact on visa chargeability.
AILA Doc. No. 20090832

Practice Pointer: Use of a Form I-797 to Satisfy I-9 Documentation Requirements

9/8/2020
AILA provides guidance and background information on USCIS’s announcement that a Form I-797, Notice of Action, may be presented to comply with the employment eligibility requirements as a List C document. A List B document will need to be presented to establish identity for new employees.
AILA Doc. No. 20090830

Practice Pointer: Clarifying Changes to Blanket L Standards

3/4/2021
AILA’s DOS Liaison Committee provides an advisory concerning interpreting updates made in the Foreign Affairs Manual for blanket L visa applications and an update from the December 2020 liaison meeting with DOS. The committee also provides recommendations for preparing clients for interviews.
AILA Doc. No. 20090490

Practice Pointer on Asylum Pending EADs

9/4/2020
AILA’s Asylum Committee provides a practice pointer on asylum pending EADs following the USCIS final rule issued on 6/26/20. Practitioners should consider filing EAD applications before the 8/25/20 effective date and before the elimination of the 30-day processing time deadline on 8/21/2020.
AILA Doc. No. 20090430

Practice Alert: ICE Provides List of Duty Attorney Email Addresses for ICE OPLA's Field Locations

7/23/2020
Following the ICE Open Forum at AC20V on June 23, 2020, ICE provided AILA’s ICE Liaison Committee with a list of duty attorney email addresses for ICE OPLA’s field locations.
AILA Doc. No. 20082134

Practice Alert: USCIS Selects Additional Registrations for the FY2021 H-1B Cap

8/14/2020
AILA’s USCIS HQ (Benefits Policy) Committee notifies members that USCIS has started issuing email notifications regarding new H-1B registrations selected for submission. Members should login to their USCIS online account and check the status of their H-1B registration accounts for new selections.
AILA Doc. No. 20081436

Practice Alert: Availability of InfoPass/InfoMod Appointments During the COVID-19 Pandemic

8/17/2020
The AILA Field Operations Committee provides a Practice Alert with guidance for members regarding InfoPass/InfoMod appointments during the ongoing COVID-19 pandemic.
AILA Doc. No. 20081331

ICYMI: Practice Alert: New Edition of Form I-765 Effective August 25, 2020

8/12/2020
AILA reminds members of an upcoming new edition of form I-765 which will take effect August 25, 2020.
AILA Doc. No. 20081239

Practice Alert: The Application of Discretion in USCIS Adjudications

8/12/2020
AILA’s USCIS HQ (Benefits Policy) Committee and Administrative Litigation Taskforce (ALFT) provide a practice alert outlining recent changes to the USCIS Policy Manual regarding the application of discretion to USCIS adjudications and highlight key areas of concern.
AILA Doc. No. 20081000

Practice Pointer: USCIS Rejection of U Visa Petitions Due to Alleged Incompleteness Extended to Form I-918, Supplement B Certifications

4/1/2021
The AILA VAWA, U, and T Committee provides a practice pointer regarding USCIS's new policy to reject U visa certifications containing blank spaces. The pointer includes an informational advisory for law enforcement agency certifiers regarding this new policy.
AILA Doc. No. 20081035

Practice Alert: Delays in Receiving I-751 Receipt Notices

8/3/2020
This Practice Alert serves to notify members of a technological glitch that has caused delays in receiving I-797 receipt notices for I-751 petitions.
AILA Doc. No. 20080530

Practice Alert: Delayed I-589 Receipt Notices and Rejections by the Lockbox

8/4/2020
AILA’s Asylum Committee provides a practice alert on recent reports from AILA members regarding delays in the issuance of Form I-589 receipt notices and ongoing problem of I-589 rejections by the Lockbox for leaving a legally irrelevant box blank.
AILA Doc. No. 20080436

ICYMI: Practice Alert: Key Takeaways from the Final USCIS Fee Rule

8/3/2020
AILA provides key takeaways from the final USCIS fee rule that takes effect on October 2, 2020.
AILA Doc. No. 20080333

Practice Alert: USCIS Issues EB-5 Redeployment Guidance

8/3/2020
AILA’s EB-5 Committee provided a practice alert regarding a 7/24/20 USCIS policy alert involving updates to the USCIS Policy Manual, Volume 6, Part G regarding the rules for “redeployment” of immigrant investor capital into new investments to meet the “at risk” requirement as interpreted by USCIS.
AILA Doc. No. 20080306

Practice Alert: Impact of Recent Court Decisions on the DHS and DOS Public Charge Rules

10/9/2020
AILA updated its practice alert on the impact of litigation related to public charge. USCIS stated that, " If we receive a Form I-485 on or before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence."
AILA Doc. No. 20073141

Practice Pointer: Navigating Form I-129 and I-539 in Light of Public Charge Questions

7/13/2020
AILA provided a practice pointer outlining key issues that practitioners should be aware of when navigating the Form I-129 and Form I-539 in light of the public charge rule that took effect on 2/24/20, including questions added to these forms relating to the receipt of public benefits.
AILA Doc. No. 20073137

Practice Alert: DOL OFLC Provides Updates and Tips for PERM and LCA Issues

7/30/2020
AILA’s DOL Liaison Committee provides updates, tips, and best practices from DOL OFLC relevant for PERM and LCA issues.
AILA Doc. No. 20073130

Practice Alert: Guidance for Demonstrating an Exemption to Presidential Proclamations That Suspend Entry Due to COVID-19

7/29/2020
AILA’s CBP Liaison Committee provides an alert concerning demonstrating to CBP an explicit exemption to Presidential Proclamations suspending entry from China, Iran, the Schengen area, the U.K, Ireland, and Brazil.
AILA Doc. No. 20072934

Practice Alert: OFLC Verifies Regulations that Control PERM Notice of Filing Requirement

7/24/2020
AILA’s DOL Liaison Committee provides an update from the 2020 DOL Open Forum at AILA’s virtual annual conference, which includes confirmation from DOL OFLC concerning flexibility in the PERM Notice of Filing requirement.
AILA Doc. No. 20072491

Practice Pointer: Options for LPRs Seeking Documentation for Form I-9 Verification

9/8/2020
The AILA Verification and Documentation Liaison Committee provides a Practice Pointer flagging issues related to situations in which LPRs seeking documentation for Form I-9 verification face delays, including in cases in which USCIS refuses to schedule an InfoPass appointment for a Form I-551 stamp.
AILA Doc. No. 20072239

Practice Alert: Update on U.S. Consular Operations and Implementation of Presidential Proclamations Restricting Travel and Visa Issuance

7/15/2020
AILA’s DOS Liaison Committee provides an update on the resumption of consular operations, as well as information and reports concerning the implementation of several presidential proclamations that restrict travel and visa issuance.
AILA Doc. No. 20071532

Practice Alert: Delayed Production of Employment Authorization Documents (EADs) and Lawful Permanent Resident (LPR) Cards

7/14/2020
AILA provides a practice alert on recent reporting from The Washington Post that approximately 50,000 green cards and 75,000 other employment authorization documents promised to immigrants and nonimmigrants have not been printed.
AILA Doc. No. 20071530

Practice Pointer: EOIR’s Decision to Resume Select Non-Detained Immigration Court Dockets

7/13/2020
AILA’s EOIR/ICE Joint Liaison Committee provides a practice pointer on EOIR’s decision to resume select non-detained immigration court cases. Special thanks to chair of the committee, Sui Chung.
AILA Doc. No. 20071337

Practice Alert: Spreadsheet Detailing Local ICE ERO Check-In Procedures During the COVID-19 Pandemic

7/10/2020
This practice alert contains a spreadsheet with information regarding local ICE ERO check-in procedures during the COVID-19 pandemic. The information included is updated by local ICE liaisons.
AILA Doc. No. 20071036

Practice Alert: H-1B1 Visas Not Subject to Presidential Proclamation 10052

7/8/2020
AILA provides an update concerning whether H-1B1 visas are subject to Presidential Proclamation 10052, which suspends entry of certain nonimmigrants into the United States.
AILA Doc. No. 20070837

Practice Alert: Missing County Information on Certified Labor Condition Applications

7/20/2020
AILA’s DOL Liaison Committee provides an update on a technical fix from the DOL OFLC concerning missing county information on the Form ETA-9035, LCA.
AILA Doc. No. 20070733

Practice Pointer: Behind the Scenes at the Vermont Service Center

7/1/2020
This practice pointer provides “behind the scenes” insights into how a case is processed at the Vermont Service Center (VSC). AILA's VSC Liaison Committee hopes the practice pointer will deepen members’ understanding of VSC adjudications.
AILA Doc. No. 20070106

Practice Alert: Potential Effects of the June 22 Proclamation on EAD Eligibility for Individuals Subject to Removal

6/30/2020
In addition to suspending the entry of certain nonimmigrants, the June 22, 2020, Presidential Proclamation also contains provisions that could preclude individuals in removal proceedings from obtaining employment authorization.
AILA Doc. No. 20063002

Practice Alert: Understanding the Changes Brought by USMCA

6/29/2020
AILA’s CBP Liaison Committee provides an alert detailing changes brought on by the United States-Mexico-Canada Agreement (USMCA) that may be of interest to AILA members. The agreement becomes effective on July 1, 2020.
AILA Doc. No. 20062921

Practice Alert: USCIS Updates Certain TSC Filing Addresses

6/29/2020
AILA provides a practice alert to remind members that USCIS has updated filing address online for some applications and petitions filed directly with the Texas Service Center.
AILA Doc. No. 20062911

Practice Pointer: Misapplication of Kazarian in O-1A RFEs

6/26/2020
A number of practitioners have received RFEs for O-1A petitions with language contradicting the USCIS policy memorandum implementing Kazarian v. USCIS. AILA provides a practice pointer discussing this misapplication.
AILA Doc. No. 20062606

Practice Alert: Additional Information Concerning Implementation of the June 22 Presidential Proclamation Suspending Entry of Certain Nonimmigrants

6/24/2020
AILA provides an update on additional information received regarding the implementation of the June 22, 2020, proclamation concerning Canadians entering on H, J, and L visas and those with valid visas issued prior to the effective date of the proclamation.
AILA Doc. No. 20062436

Practice Alert: Additional Employment-Based Visas Will Be Available for FY2021 Starting October 2020

6/18/2020
Based on predictions by DOS’s Charlie Oppenheim during an address to the EB-5 trade association Invest in the USA (IIUSA) on June 15, 2020, AILA’s EB-5 Committee provides a practice alert regarding additional employment-based visas anticipated in FY2021.
AILA Doc. No. 20061901

Practice Alert: ICE Forces Parents in Detention to Choose Between Indefinite Detention and Separation from Children

6/15/2020
AILA issued a practice alert on reports that ICE asked immigrants detained in family detention centers to choose between being separated from their children and having the children being released or remaining in indefinite detention.
AILA Doc. No. 20061134

Practice Alert: Submitting Initial Evidence and Documentation with Form I-485

6/10/2020
The AILA NBC Liaison Committee issued a practice alert instructing members on submitting initial evidence and documentation with Form I-485, Application to Register Permanent Residence or Adjust Status.
AILA Doc. No. 20061131

Practice Alert: Technical Issues Accessing Certified LCAs in FLAG

6/8/2020
AILA provides an update on technical issues experienced by members attempting to access certified LCAs in the FLAG system.
AILA Doc. No. 20060930

Practice Alert: H-1B Registration Selected in the FY2021 H-1B Visa Lottery But Not Filing an H-1B Petition: What’s Next?

6/8/2020
AILA’s USCIS (Benefits Policy) Committee provides a practice alert discussing H-1B registrations that were selected in the FY2021 H-1B visa lottery but where an H-1B petition unexpectedly will not be filed for the selected registrant due to the economic downturn.
AILA Doc. No. 20060834

Practice Alert: Availability of InfoMod Appointments as USCIS Local Field Offices Reopen

6/5/2020
AILA provides an update from USCIS concerning the availability of InfoMod appointments as USCIS field offices begin to reopen during the COVID-19 global pandemic.
AILA Doc. No. 20060534

Practice Alert: Vermont Service Center Delays in Receipt Notices

6/4/2020
The AILA VSC Liaison Committee alerts members regarding delays in receipt notices at the Vermont Service Center.
AILA Doc. No. 20060436

Practice Alert: Update on NVC Operations and Communications During COVID-19

6/3/2020
AILA’s Department of State Liaison Committee provides an update concerning National Visa Center (NVC) operations and communications during the COVID-19 global pandemic.
AILA Doc. No. 20060331

Practice Alert: Chicago Lockbox Closed Due to Protests

6/1/2020
AILA has been notified that the USCIS Chicago Lockbox is closed Monday, June 1, 2020, due to protests.
AILA Doc. No. 20060135

Practice Pointer: Advising Your Clients Regarding Social Media Information Collected on Forms DS-160 and DS-260

5/29/2020
AILA’s Department of State Liaison Committee provides a practice pointer on advising clients on social media collection on Forms DS-160 and DS-260.
AILA Doc. No. 20052933

Practice Alert: Successor-in-Interest Issues for FY2021 H-1B Cap-Subject Petitions

5/28/2020
AILA provides a practice alert notifying members of recent guidance released by USCIS regarding successor-in-interest issues for FY2021 H-1B cap-subject petitions.
AILA Doc. No. 20052834

Practice Pointer: Resources for Removal Defense During COVID-19

5/22/2020
This practice pointer compiles key resources from AILA and its partners for AILA members practicing removal defense during COVID-19, including local court practices and information on practicing removal defense remotely, filing motions to continue, and getting clients released from detention.
AILA Doc. No. 20052239

Practice Pointer: USCIS Rejection of Applications/Petitions Due to Blank Spaces or Other Alleged Incompleteness

5/22/2020
AILA has continued to receive reports of USCIS rejecting applications/petitions due to blank spaces. AILA provides this practice pointer with best practices on how to avoid rejections or denials; what to do if your case is rejected or denied; as well as a link to a call for examples.
AILA Doc. No. 20052238

Practice Alert: Procedures for Reopening DOS Consular Posts for Visa Services During COVID-19 Pandemic

5/22/2020
AILA’s DOS Liaison Committee provides an update on its understanding concerning the reopening of consular posts, as well as a reminder of a spreadsheet compiled by the RDC and LACC chapters seeking to track consular post operations during the COVID-19 pandemic.
AILA Doc. No. 20052237

ICYMI: Practice Pointer: AILA Provides FY2021 Cap-Subject H-1B Filing Tips and Resources

5/21/2020
To assist members with the FY2021 H-1B cap-subject filing season, AILA provides practical filing tips and resources. For those H-1B registrations selected in March 2020, the filing period is April 1, 2020, to June 30, 2020.
AILA Doc. No. 20052161

Practice Alert: Expansion of HHS J-1 Waiver for Clinical Care Physicians

5/21/2020
AILA’s DOS Liaison Committee provides a practice alert concerning a recent update to the Department of Health and Human Services’ (HHS) guidelines on who is eligible to request a clinical care waiver under the HHS’s J-1 waiver program.
AILA Doc. No. 20052138

Practice Alert: DOL OFLC Confirms Notice of Filing Posting Requirements for PERM Processing

5/21/2020
AILA’s Department of Labor Liaison Committee provides confirmation from the Department of Labor Office of Foreign Labor Certification concerning Notice of Filing (NOF) posting requirements for PERM processing.
AILA Doc. No. 20052131

Practice Pointer: Extraordinary Circumstances for Extraordinary Times for H-1B and other Nonimmigrant Worker Petitions

5/20/2020
AILA’s USCIS HQ Committee provides a practice pointer regarding USCIS’s discretion to excuse certain late filed applications or petitions to change or extend status pursuant to 8 CFR 214.1(c)(4) due to extraordinary circumstance beyond the control of the applicant or petitioner.
AILA Doc. No. 20052033

Practice Alert: ICE to Provide 520 Free Phone Minutes Per Month for Individuals Detained During the COVID-19 Pandemic

5/20/2020
AILA alerts members that ICE officials communicated to congressional staff on May 4, 2020, that it had committed to providing 520 free minutes per month for each person in ICE detention. On May 19, 2020, members of Congress sent a letter urging the agency to quickly implement its commitment.
AILA Doc. No. 20052030

AILA Requests to USCIS for Flexibility and Accommodations in Response to COVID-19 Pandemic

5/19/2020
Due to COVID-19 and office closures, AILA requested flexibility and accommodations from USCIS in relation to field office operations, filings, and signatures requirements, among others. This document serves as a resource for announcements and guidance from USCIS and will be updated regularly.
AILA Doc. No. 20052000

Practice Pointer: Motion to Continue Proceedings During COVID-19

5/19/2020
The AILA EOIR Liaison Committee provides this practice pointer as a resource for those seeking to continue proceedings where current circumstances interfere with the ability to timely produce quality work in a professional and ethical matter.
AILA Doc. No. 20051936

 Practice Alert: DHS and DOJ Issue Joint Statement Rescheduling Migrant Protection Protocols (MPP) Cases

6/17/2020
On June 16, 2020, DOJ EOIR and DHS issued a joint statement on the rescheduling of MPP hearings. This practice alert provides an overview of the changes made by this statement to prior DHS procedures for MPP cases without individual notice to affected migrants or their attorneys.
AILA Doc. No. 20051347

Practice Pointer: Recent Updates to I-130 Filing Procedures

5/12/2020
AILA’s USCIS HQ Committee provides a practice pointer outlining recent updates to the filing procedures for Form I-130, Petition for Alien Relative, including procedures for filing an I-130 petition with USCIS and procedures for filing under limited process abroad with a DOS consular post.
AILA Doc. No. 20051237

Practice Alert: Delays in I-140 Receipts and Unprocessed Filing Fees for TSC Filings

5/12/2020
The Texas Service Center (TSC) Liaison Committee provides a practice alert regarding unreceived receipt notices and unprocessed filing fee checks for I-140 petitions.
AILA Doc. No. 20051236

Practice Pointer: Recent Changes to the E Visa Section of Form DS-160

5/11/2020
AILA’s BIRT Committee provides a practice pointer on recent changes to the E visa section of Form DS-160 that affect treaty trader (E-1) and treaty investors (E-2) applying for a visa. The Committee also provides practice tips for completing this form.
AILA Doc. No. 20051230

Practice Alert: Failed Delivery Attempts to the Texas Service Center

5/12/2020
AILA has received several reports of failed delivery attempts to the Texas Service Center (TSC). On Tuesday, May 12, 2020, USCIS informed AILA that TSC has resumed accepting deliveries.
AILA Doc. No. 20051104

Practice Alert: Filing Form I-140 Petitions During the COVID-19 Pandemic

6/2/2020
AILA reminds practitioners submitting a Form I-140 petition to USCIS with an electronic PERM Labor Certification (“e-certified ETA 9089”) that they should mark “No” to question 10 on page 3 of the Form I-140 regarding whether the petitioner is requesting a duplicate labor certification from DOL.
AILA Doc. No. 20050836

Practice Alert: I-551 (ADIT) Stamp Requests at Local USCIS Field Offices During the COVID-19 Global Pandemic

5/15/2020
AILA’s USCIS Field Operations Liaison Committee provides a practice alert concerning making requests for I-551 stamps at local USCIS offices through the USCIS Contact Center during the COVID-19 global pandemic.
AILA Doc. No. 20050604

Practice Alert: Local ICE Contact Information and Local AILA ICE Liaison Information

10/14/2020
AILA’s local ICE Liaisons have shared their contact information and local ICE contact information with AILA National’s ICE Liaison Committee. The contact information is organized by chapter.
AILA Doc. No. 20050534

Practice Alert: Reports of H-1B Receipt Notices Erroneously Listing Authorized Signatory from H-1B Registration Process as the Petitioner

5/13/2020
AILA’s SCOPS Committee provides a practice alert regarding reports of H-1B cap-subject receipt notices erroneously listing the name of the authorized signatory from the H-1B registration process as the “Petitioner” instead of the U.S. company or organization indicated on the Form I-129 petition.
AILA Doc. No. 20042801

Practice Alert: Status of the May 2020 Visa Bulletin

4/23/2020
AILA’s DOS Liaison Committee shares a brief update on the status of the May 2020 Visa Bulletin after following up with the State Department.
AILA Doc. No. 20042236

Practice Pointer: Understanding SVP in PERM

4/24/2020
AILA’s DOL Liaison Committee provides an advisory concerning important issues to consider when analyzing Special Vocational Preparation (SVP) PERM labor certification cases and BALCA cases that address SVP.
AILA Doc. No. 20042062

Practice Alert: USCIS Waiving In-Person Interview Requirement in Some Instances During COVID-19 Pandemic

4/20/2020
AILA provides an update on its survey concerning USCIS waiving in-person interview requirements for some applications during the COVID-19 pandemic.
AILA Doc. No. 20042061

USCIS Lockbox Rejecting Some I-485 Adjustment of Status Applications

9/12/2020
AILA has recently been made aware that USCIS has been issuing notices to applicants and attorneys regarding Form I-485 adjustment of status applications that were wrongfully rejected by the Lockbox on the basis of an expired form version.
AILA Doc. No. 20041738

Practice Alert: Requesting Satisfactory Departure from Local USCIS Field Offices

5/18/2020
AILA provides information on how to make initial and subsequent satisfactory departure requests for Visa Waiver Program entrants at local USCIS field offices.
AILA Doc. No. 20041534

Practice Pointer: Considerations When Discussing Unemployment Insurance Benefits with Immigration Clients

4/15/2020
AILA provides a practice pointer outlining some issues that practitioners should consider when discussing unemployment insurance benefits with their immigration clients.
AILA Doc. No. 20041533

BIRT Byte: Posting LCAs During the COVID-19 Pandemic

4/13/2020
AILA’s Business Immigration Response Team (BIRT) provides a practice pointer regarding key considerations when posting Labor Condition Applications (LCAs) during the COVID-19 pandemic.
AILA Doc. No. 20041301

Practice Alert: VSC Reopened to Accept Filings and/or Other Correspondence

4/13/2020
Last week, USCIS informed employees about a presumed positive COVID-19 case in the Vermont Service Center (VSC), but the test results came back negative. The VSC is now able to accept files and/or any other form of correspondence.
AILA Doc. No. 20041001

Practice Alert: USCIS Provides Clarifications Regarding Filing Issues Involving FY2021 H-1B Cap-Subject Petitions

4/7/2020
AILA reached out to USCIS seeking clarifications regarding filing issues involving FY2021 H-1B cap-subject petitions. AILA provides the responses it received from USCIS.
AILA Doc. No. 20040735

Practice Alert: Is My Immigration Client Eligible for a Recovery Rebate under the CARES Act?

4/30/2020
AILA’s USCIS HQ Committee provides a practice alert regarding the recovery rebates (commonly known as stimulus checks) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including eligibility requirements and impact on public charge inadmissibility determinations.
AILA Doc. No. 20040642

Practice Alert: USCIS Rejection of Forms Due to Alleged Incompleteness

4/2/2020
AILA has been made aware that in the long term, USCIS may be extending its practice of form rejections due to incompleteness to all forms. This practice alert recommends that members do not leave any spaces blank when completing forms.
AILA Doc. No. 20040233

Practice Alert: Southern Border Processing Following Border Closure Announcement

4/20/2020
An HHS interim final rule and a CDC concurrent order closed the northern and southern borders to non-essential travel. On 4/20/20, CDC extended the order. This practice alert explains the effect of the IFR and the CDC orders, and how DHS is implementing the new policies at the southern border.
AILA Doc. No. 20040232

Practice Alert: COVID-19 and the Public Charge Rule

6/15/2020
AILA provides responses to some frequently asked questions regarding the COVID-19 pandemic and its impact on public charge inadmissibility determinations.
AILA Doc. No. 20040231

Practice Alert: National Visa Center Confirms Correspondence Delays During COVID-19 Outbreak

4/1/2020
AILA’s DOS Liaison Committee provides an update from the National Visa Center on its operations during the COVID-19 outbreak and the impact of the outbreak on NVC capability to respond to inquiry correspondence.
AILA Doc. No. 20040160

Practice Alert: H-1B Registrations Denied Due to Duplicate Submissions

4/7/2021
AILA shares information from USCIS that may be useful to members who have received a Form I-797C, Notice of Action, from USCIS indicating that an H-1B registration is invalid due to duplicate registrations.
AILA Doc. No. 20033136

Top 10 PERM Tips from the DOL Liaison Committee

3/27/2020
AILA’s DOL Liaison Committee provides its top 10 tips for members new to the PERM labor certification process, including tips on how to ensure consistency between ETA Form 9141 and ETA Form 9089; travel; preparing for the I-140 process; managing recruitment costs; and more.
AILA Doc. No. 20032730

Practice Alert: Three-Fourths Wage Guarantee for H-2 Workers During COVID-19 Outbreak

3/26/2020
AILA’s DOL Liaison Committee provides information concerning the three-fourths wage requirement under H-2A and H-2B regulations and the guidance currently available on the application of this requirement. The Committee continues to monitor the impact of COVID-19 on DOL operations and on employers.
AILA Doc. No. 20032633

Practice Alert: Changes in Work Conditions Impacting H-1B Workers During the COVID-19 Outbreak

3/26/2020
AILA’s DOL Liaison Committee provides answers to frequently asked questions regarding changes in work conditions during the COVID-19 outbreak and the impact on H-1B workers.
AILA Doc. No. 20032631

Practice Alert: DOL Process for Issuance of Electronic PERMs in Response to COVID-19

3/25/2020
AILA’s DOL Liaison Committee provides information concerning the two-step process DOL OFLC is utilizing to issue electronic PERM labor certifications during the COVID-19 global pandemic.
AILA Doc. No. 20032591

Practice Alert: Closing of Northern and Southern Borders

3/23/2020
AILA’s CBP Liaison Committee provides a practice alert summarizing the measures taken and procedures implemented on the Northern and Southern borders by the United States, Canada, and Mexico to limit “non-essential” travel during the COVID-19 outbreak.
AILA Doc. No. 20032342

Practice Alert: ICE Expands Enforcement Actions in Sanctuary Cities

3/23/2020
AILA provides a practice alert on ICE’s 24-hour-a-day surveillance operations around the homes and workplaces of undocumented immigrants in sanctuary cities, what ICE is calling “Operation Palladium.”
AILA Doc. No. 20032340

Practice Alert: National Interest Exemption (NIE) and Satisfactory Departure (SD) Procedure Spreadsheet for Requests at CBP Ports and Preclearance Locations Due to COVID-19

7/22/2020
AILA provides a spreadsheet compiling procedures for satisfactory departure and National Interest Exemptions (NIE) requests at CBP ports and preclearance locations due to COVID-19. Members are encouraged to send updated information/information for a particular port to reports@aila.org.
AILA Doc. No. 20032043

Practice Alert: Requesting the Reprinting of a Visa Foil Due to Travel Restrictions During COVID-19 Outbreak

3/20/2020
AILA’s DOS Liaison Committee provides an update from the March 5, 2020, DOS liaison meeting concerning requesting a reprinted visa foil due to travel restrictions brought on by the COVID-19 global pandemic.
AILA Doc. No. 20032034

Practice Alert: Trusted Traveler Program Enrollment Centers Suspended Until At Least May 1, 2020

3/19/2020
DHS announced the suspension of operations for all CBP Trusted Traveler Program Enrollment Centers due to the outbreak of COVID-19.
AILA Doc. No. 20032032

Practice Alert: Completing the H-1B Electronic Registration Process for Individuals Born in Gaza

3/19/2020
AILA provides a practice alert regarding how to complete the H-1B electronic registration process for individuals born in Gaza after 1948 based on information provided by USCIS.
AILA Doc. No. 20031938

Practice Alert: DOL Liaison Committee Raises Questions with DOL OFLC and WHD Concerning Compliance During COVID-19 Outbreak

3/19/2020
AILA’s DOL Liaison Committee provides a summary of issues raised for clarification with DOL Office of Foreign Labor Certification (OFLC) and DOL Wage and Hour Division (WHD) concerning compliance with H-1B/PERM and H-2 requirements during the COVID-19 global pandemic.
AILA Doc. No. 20031935

Practice Pointer: Employment Verification During the COVID-19 Outbreak

2/15/2021
In this FAQ document, updated on February 15, 2021, AILA’s Verification & Documentation Liaison Committee provides answers to important I-9 compliance questions during the COVID-19 outbreak, especially in remote work scenarios.
AILA Doc. No. 20031931

Practice Alert: DOS Responds to AILA Inquiry Concerning Suspended Entries During the COVID-19 Outbreak

3/18/2020
AILA’s DOS Liaison Committee provides an update from DOS concerning the implementation of the recent presidential proclamations suspending entry of certain foreign nationals during the COVID-19 outbreak. DOS provides information concerning exceptions to these proclamations.
AILA Doc. No. 20031809

Practice Alert: Fulfilling U.S. Department of Labor Notice Requirements During COVID-19 Outbreak

3/17/2020
AILA’s DOL Liaison Committee provides guidance concerning fulfilling DOL notice requirements for H-1B and PERM programs during the COVID-19 Outbreak.
AILA Doc. No. 20031714

Practice Alert: RDC and LACC Chapters Spreadsheet Detailing Consular Post Operations During COVID-19 Outbreak

3/17/2020
AILA’s Rome District and Latin America and Caribbean chapters are compiling a spreadsheet of consular post operations throughout the COVID-19 outbreak. AILA members are encouraged to provide updates for particular posts to Lynn Lee at llee@bsis.com, subject line “COVID-19 consular post updates”.
AILA Doc. No. 20031710

Practice Alert: Requesting Satisfactory Departure from CBP Locations Due to COVID-19

4/20/2020
The CBP Liaison Committee provides a practice alert concerning requesting satisfactory departure at CBP ports of entry. The alert also details guidance from CBP concerning the granting of subsequent periods of satisfactory departure.
AILA Doc. No. 20031600

Practice Pointer: Understanding the Public Charge FAM Revisions and Form DS-5540

3/16/2020
AILA provides a resource intended to help members understand the new FAM revisions concerning public charge, as well as the new Form-DS-5540, Public Charge Questionnaire.
AILA Doc. No. 20031664

Practice Pointer: Texas Service Center Missing Processing Times

3/5/2020
The SCOPS Liaison Committees has advised USCIS of missing or deficient processing times since the Texas Service Center (TSC) began adjudicating I-129 petitions. To inquire about the status of a case, call the USCIS Contact Center and ask for a Tier 1 or Tier 2 officer to initiate a case inquiry.
AILA Doc. No. 20031313

Practice Alert: Consular Post Closures and Reduction in Visa Services Related to Coronavirus

3/13/2020
Certain consular posts have begun alerting applicants of reduced or temporarily suspended visa services due to COVID-19. AILA advises members to check the DOS webpage providing COVID-19 country specific information, a respective post or embassy's website, and other AILA resources to counsel clients.
AILA Doc. No. 20031309

Practice Alert: Presidential Proclamations Suspending Entry Due to 2019 Novel Coronavirus

6/19/2020
AILA provides a practice alert outlining the scope of presidential proclamations, including the proclamations issued for the Schengen area of Europe, as well as the U.K. and Ireland, China, Iran, and Brazil suspending entry into the U.S. for individuals who pose a risk of transmitting COVID-19.
AILA Doc. No. 20031235

Practice Alert: Additional H-2B Visas Have Not Yet Been Made Available

4/10/2020
DHS sent a message out on Twitter, stating that its final rule on additional H-2B visas is currently on hold and no additional H-2B visas will be released until further notice.
AILA Doc. No. 20031139

Practice Alert: Working with DOL in Light of COVID-19

3/11/2020
AILA’s DOL Liaison Committee provides an update from DOL OFLC concerning the impact of COVID-19 on stakeholders’ operations. The committee also provides members with tips for working with DOL throughout the current outbreak.
AILA Doc. No. 20031136

Practice Alert: DOL OFLC Explains Slight Delays in Receipt of an Assigned LCA Case Number in the FLAG System

3/9/2020
AILA’s DOL Liaison Committee provides an update from the 2020 Spring Conference in which the OFLC reminded practitioners of changes in the FLAG system and heightened LCA volume during the H-1B registration process that may affect how quickly an “Assigned Case Number” is provided for an LCA.
AILA Doc. No. 20030936

Practice Pointer: USCIS Sworn Statement Regarding Marijuana Use

3/6/2020
AILA’s USCIS HQ (Benefits Policy) Committee provides a practice pointer on a USCIS sworn statement regarding marijuana use that is reportedly being used by the USCIS Field Offices in Seattle and Denver. Special thanks to Michael Jarecki and Lindsay Fullerton.
AILA Doc. No. 20030633

Practice Alert: Greyhound to Stop Allowing Border Patrol to Conduct Warrantless Immigration Checks

3/5/2020
The Greyhound bus company, the largest bus company in the United States, announced on February 21, 2020, that it will no longer allow Border Patrol agents to conduct routine immigration checks, including warrantless checks for people in the country without authorization.
AILA Doc. No. 20030431

Practice Alert: USCIS Reopening Seattle Field Office After Closing Temporarily Due to Coronavirus Exposure

3/9/2020
USCIS announced that the Seattle Application Support Center (ASC) will reopen to the public on March 10 and the Seattle Field Office will reopen to the public on March 11. USCIS also provided instructions for individuals who missed appointments due to the temporary closure.
AILA Doc. No. 20030404

March 2020 Visa Bulletin: Important Considerations for EB-5 China-Mainland Visa Applicants

3/3/2020
AILA’s EB-5 Investor Committee provides a practice pointer discussing the impact of the March 2020 Visa Bulletin on EB-5 China-mainland visa applicants in light of the advancement of Final Action Date and Date for Filing in March 2020.
AILA Doc. No. 20030300

Practice Alert: USCIS Resolves H-1B Registration Tool Technical Issue That Misidentified Attorneys as Not Eligible to Practice Law

3/6/2020
AILA has been informed that USCIS has recently resolved a previously reported technical issue in the H-1B registration tool that misidentified attorneys/legal representatives as not eligible to practice law.
AILA Doc. No. 20030236

Practice Pointer: Requesting to Interfile or Transfer the Preference Category of a Pending I-485 Application

2/25/2020
AILA’s USCIS HQ (Benefits Policy) Committee provides a practice pointer with information regarding placing a request to interfile or transfer the preference category of a pending I-485 adjustment of status application. Special thanks to Dan Berger, Kevin Miner, and Robin O’Donoghue.
AILA Doc. No. 20022600

Practice Alert: Updates Regarding Implementation of the H-1B Electronic Registration Process

2/25/2020
AILA provides a practice alert confirming that prospective petitioners seeking to file H-1B cap-subject petitions will not be providing company information when creating their myUSCIS accounts. The alert also addresses reported problems with myUSCIS accounts appearing “blank,” among other things.
AILA Doc. No. 20022533

Practice Pointer: Managing Export Control Issues in the Hiring Process

2/25/2020
AILA’s Verification and Documentation Liaison Committee provides members with recommendations for advising clients on how to manage issues brought on by the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) throughout the hiring process.
AILA Doc. No. 20022532

Practice Alert: DOS Will Implement New Public Charge Standards Starting on February 24

2/21/2020
DOS will implement the new public charge standards pursuant to the DOS Interim Final Rule beginning on 2/24/20. OMB has approved the new Form DS-5540, Public Charge Questionnaire and on 2/21/20, DOS also published revisions to the FAM on Public Charge, with an effective date of 2/24/20.
AILA Doc. No. 20022134

Practice Alert: Department of State Provides Information for Exchange Visitors Whose Travel Is Impacted by Novel Coronavirus Outbreak

2/20/2020
AILA’s Department of State Liaison Committee provides an update from the Department of State Office of Academic Exchanges concerning exchange visitors whose travel may be impacted by restrictions brought on by the Novel Coronavirus.
AILA Doc. No. 20022032

Practice Alert: Verify Access to myUSCIS Account Before H-1B Registration Opens on March 1

2/14/2020
AILA’s Service Center Operations (SCOPS) Liaison Committee provides a practice alert to encourage members to verify access to their MyUSCIS account now in advance of the opening of the H-1B registration period on March 1, 2020.
AILA Doc. No. 20021403

Practice Advisory: 2020 Comprehensive Public Charge Update and Strategies

1/30/2020
Kehrela M. Hodkinson, Jason C. Mills, and David A. Guerrettaz provide a practice advisory with updates and strategies to consider in light of the implementation of the DHS public charge rule.
AILA Doc. No. 20020637

Practice Advisory: FY2021 H-1B Season: Electronic Registration and What You Need to Know

1/28/2020
Kristen A. Harris, Susan S. Im, Justin F. Russo, and Andrew L. Wizner provide a practice advisory on the most critical issues practitioners should consider in advance of the H-1B electronic registration process and provide guidance on what is currently known.
AILA Doc. No. 20020636

Practice Alert: New Filing Location for Certain H-4 EAD Applications

5/13/2020
AILA’s Service Center Operations (SCOPS) Liaison Committee alerts members that the new filing location for an EAD application based on the H-4 eligibility category is the USCIS Phoenix, AZ, Lockbox, if the H-1B principal spouse’s petition was filed at the Texas Service Center.
AILA Doc. No. 20020633

Practice Alert: Summary of Presidential Proclamation 9645 (Travel Ban 3.0)

1/31/2020
AILA updates its summary of Travel Ban 3.0 in light of the 1/31/20 Presidential Proclamation expanding the ban to include six additional countries: Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania.
AILA Doc. No. 20020190

Practice Alert: Issues with Generating the PDF Format of ETA Form 9142

1/31/2020
AILA’s DOL Liaison Committee has contacted OFLC regarding ongoing reports from members on issues viewing the PDF of submitted, pending, and certified versions of ETA Form 9142 in the DOL’s FLAG System. OFLC confirmed it is working to find a fix or software patch to address this specific concern.
AILA Doc. No. 20013135

Practice Alert: Coronavirus Impact on Individuals Seeking Entry into the United States After Travel in China and on U.S. Consular Processing in China

2/5/2020
AILA provides updates on the impact of the coronavirus on individuals seeking entry into the United States after travel in China and on consular post operations in China.
AILA Doc. No. 20013036

Practice Pointer: USCIS Rejection of U-Visa Petitions Due to Alleged Incompleteness

4/1/2021
AILA’s VAWA, U and T Committee prepared a practice alert advising members on USCIS’s recent alert pertaining to Petitions for U Non-immigrant Status on Form I-918 and Petitions for Qualifying Family Members of U-1 Recipient on Form I-918, Supplement A.
AILA Doc. No. 20013001

Practice Alert: EOIR Revised Form E-33, Attorneys Should Utilize New Form

1/29/2020
In December 2019, EOIR revised Form E-33/IC and E-33/BIA for changing a respondent’s address before the immigration court and BIA. AILA recommends that attorney utilize the new form and have respondents sign the form themselves whenever possible.
AILA Doc. No. 20012990

Practice Alert: Visa Denials/Revocations and Heightened Scrutiny of Individuals of Iranian Descent

1/28/2020
AILA’s CBP Liaison Committee provides an alert concerning recent reports of individuals of Iranian descent facing increased scrutiny and denials/revocations from the DOS and DHS when attempting to enter or reenter the United States.
AILA Doc. No. 20012832

Practice Alert: Certain ACWIA SOC Codes Not Available on Prevailing Wage Determination and LCA Forms

1/27/2020
AILA’s DOL Liaison Committee details the results of its engagement with DOL OFLC concerning certain ACWIA codes not displaying as options on Forms ETA-9141 and ETA-9035. The committee is also seeking examples of related RFEs from USCIS for impacted H-1B and I-140 petitions.
AILA Doc. No. 20012735

Practice Alert: New DOS Final Rule Concerning “Birth Tourism” and Medical Treatment for B Visa Applicants

1/24/2020
AILA summarizes a DOS final rule set to be effective and published in the Federal Register on 1/24/20 establishing a rebuttable presumption concerning B visa applicants assumed to be entering the United States for the primary purpose of giving birth and obtaining U.S. citizenship for a child.
AILA Doc. No. 20012361

Practice Pointer: How to File DHS OBIM FOIA Requests

5/10/2021
AILA National's FOIA Committee provides a practice pointer with information on how to file FOIA requests with the DHS Office of Biometric Identity Management (OBIM). FOIA requests for biometric data that used to be submitted to CBP are now submitted to OBIM.
AILA Doc. No. 20011501

Practice Alert: OFLC Working On a Fix for LCA Filing Issue in FLAG System

1/7/2020
The DOL Liaison Committee provides an update for members from DOL Office of Foreign Labor Certification (OFLC) concerning an ongoing issue stakeholders are facing with filing an LCA in FLAG within 178 to 183 days of an anticipated start date.
AILA Doc. No. 20010738

Practice Alert: Improperly Delivered Secure Identity Documents and Original Notices

1/7/2020
AILA reached out to USCIS Public Engagement requesting that USCIS review and resolve the issue of improperly delivered documents so that secure identity documents and original notices are properly sent to the attorney of record when designated on the Form G-28.
AILA Doc. No. 20010737

Practice Pointer: Filing When Visa Bulletin Final Action Date is "Current" But Dates For Filing has Cut-Off Date

12/23/2019
AILA provides clarification to members concerning filing an adjustment application when the final action date is listed as “Current” or the cutoff date is later than that of the “Dates for Filing” chart designated for use by USCIS.
AILA Doc. No. 19122312

Practice Pointer: Recent BIA Changes Likely to Alter Both Operations and Substance of Decisions

12/23/2019
Three recent policy changes at EOIR have the potential to significantly alter both BIA operations and the substance of its decisions. This practice pointer summarizes the main changes made by each policy, how they could work in tandem to change the BIA, and key takeaways for practitioners.
AILA Doc. No. 19122311

Practice Pointer: Proposed Fee Increases and Currently Enjoined Fee Waiver Changes: Impact on U, T, and VAWA Applicants

12/18/2019
AILA provides a practice pointer on the USCIS’s fee schedule rule and changes to certain immigration forms that would elevate fees and have a significantly detrimental impact on immigrant survivors.
AILA Doc. No. 19121931

Practice Pointer: FAQs Regarding Electronic H-1B Registration and Filing

10/14/2020
AILA provides a practice pointer answering some of AILA members’ most frequently asked questions regarding the H-1B cap-filing season.
AILA Doc. No. 19121838

Practice Pointer: Modernizing Requirements for the Temporary Employment of H-2A Foreign Workers

12/18/2019
The DOL Liaison Committee provides a summary of the September 20, 2019, final rule modernizing recruitment requirements for the H-2A program. The rule took effect on October 21, 2019.
AILA Doc. No. 19121833

Practice Pointer: Modernizing Requirements for the Temporary Employment of H-2B Foreign Workers

12/18/2019
The DOL Liaison Committee provides a summary of the November 15, 2019, joint DOL and DHS final rule modernizing recruitment requirements for the H-2B program. The rule took effect on December 16, 2019.
AILA Doc. No. 19121832

Practice Advisory: Adjustment Eligibility of TPS Holders After Return With Advance Parole, Even With Initial Entry Without Inspection

12/13/2019
AILA and the American Immigration Council provide a practice advisory with arguments as to why USCIS and ICE trial attorney interpretation of the relevance of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (MTINA) is wrong.
AILA Doc. No. 19121301

Practice Alert: USCIS Posted Incorrect Versions of Forms I-924 and I-924A to Its Website and Will Only Accept 11/21/19 Editions Starting 1/1/2020

12/13/2019
AILA’s EB-5 Committee provides a practice alert to notify members that USCIS posted incorrect versions of Forms I-924 and I-924A on its website from 11/21/19 through 12/5/19. Members should note that starting 1/1/2020, USCIS will only accept the 11/21/19 editions of these forms.
AILA Doc. No. 19121330

Practice Pointer: Best Practices for Communicating with the NVC

12/12/2019
AILA’s DOS Liaison Committee offers a practice pointer on best practices for communicating and resolving case issues with DOS’s National Visa Center (NVC).
AILA Doc. No. 19121231

Practice Alert: OFLC Announces Transition Schedule for Temporary and Seasonal Job Opportunities from the iCERT System Public Job Registry to SeasonalJobs.dol.gov

12/10/2019
The DOL Liaison Committee reminds members of the OFLC’s move to SeasonalJobs.dol.gov for temporary and seasonal job opportunities. OFLC confirmed on December 6, 2019, that the Public Jobs Registry maintained through iCERT will be decommissioned on December 27, 2019.
AILA Doc. No. 19121033

Practice Pointer: Recent H-1B Cap Exemption Developments for Non-Profit Research Organizations

1/17/2020
AILA’s USCIS HQ (Benefits Policy) Committee provides an updated practice alert regarding recent H-1B cap exemption developments for non-profit research organizations.
AILA Doc. No. 19121032

Practice Alert: DOL Resolves Technical Glitch with Sponsorship Verification Process

12/6/2019
DOL has resolved a technical glitch experienced with the Sponsorship Verification process. The DOL Liaison Committee shares recommendations from the DOL concerning checking the status of PERM applications from the past week to ensure that information was properly captured.
AILA Doc. No. 19120637

Practice Alert: Processing of Retrogressed I-485 Applications After Priority Date Becomes Current

12/17/2019
AILA’s NBC Liaison Committee issued a practice alert regarding the processing of retrogressed adjustment of status applications after a priority date becomes current. AILA reached out to USCIS requesting that the agency provide procedural guidance and on 12/17/19, USCIS provided responses.
AILA Doc. No. 19120502

Practice Alert: New Edition of I-907 Effective Immediately, No Prior Versions Accepted

12/10/2019
AILA’s SCOPS Liaison Committee provides a practice alert regarding a new edition of Form I-907, dated 12/02/19. USCIS has confirmed that there is no grace period for this form. To date, AILA has not received any reports from members regarding rejections of the prior edition of Form I-907.
AILA Doc. No. 19120402

Practice Alert: NVC Closed on December 2, 2019, Due to Inclement Weather

12/2/2019
DOS updated its website to indicate that the National Visa Center (NVC) will be closed all day on December 2, 2019, due to inclement weather.
AILA Doc. No. 19120200

Practice Pointer: USCIS Rejection of Form I-589 Due to Claimed Incompleteness

11/26/2019
Amid reports suggesting that USCIS is more frequently rejecting Form I-589 due to claimed incompleteness, this practice pointer provides tips regarding completion of the form.
AILA Doc. No. 19112608

Practice Alert: DOL Liaison Committee Monitors New FLAG Forum in AILA’s Message Center

11/26/2019
AILA’s Department of Labor (DOL) Liaison Committee provides information on the new Message Center forum concerning the DOL Foreign Labor Application Gateway (FLAG) system.
AILA Doc. No. 19112603

Practice Alert: KCC Provides Update on Petition Digital File Transfer from USCIS

11/26/2019
AILA’s Department of State Liaison Committee provides responses from the Kentucky Consular Center (KCC) to questions concerning its collaboration with USCIS on a digital petition file transfer process.
AILA Doc. No. 19112602

Practice Alert: DOL FLAG System Undergoing Maintenance on November 13, 2019

11/12/2019
DOL posted an alert in the FLAG system, notifying stakeholders that the system will be undergoing system maintenance on November 13, 2019, at 5:00 pm (ET).
AILA Doc. No. 19111290

Practice Pointer: Six Considerations in the Rush to File I-526 Petitions Before the New EB-5 Regulation Takes Effect on November 21

11/11/2019
AILA’s EB-5 Committee provides a practice pointer regarding six issues that members should consider addressing with their clients during the dash to prepare and file I-526 petitions before the new EB-5 regulation takes effect on November 21, 2019.
AILA Doc. No. 19111102

Practice Pointer: ICE Withdraws Huge Fines Under INA § 274(D)

10/22/2019
AILA learned that DHS began sending out fine notices that targeted individuals in sanctuary jurisdictions, ordering them to pay fines of up to nearly $500,000. In October 2019, the Trump administration reversed this policy and withdrew the fines.
AILA Doc. No. 19110732

Practice Pointer: Updating Employer or Attorney Field After Filing ETA FORM 9089

11/6/2019
AILA’s DOL Committee shares information from OFLC on updating employer or attorney data on the ETA Form 9089 after it has been submitted.
AILA Doc. No. 19110632

Practice Alert: Continuing Resolution Impacting DOL Appropriations Expires November 21

11/6/2019
AILA provides a practice alert on the possible impact of a lapse in funding for DOL.
AILA Doc. No. 19110631

Update on EB-5 Visa Waiting Lines

10/31/2019
AILA’s EB-5 Committee summarizes key points from a presentation by Charles Oppenheim, Chief, Immigrant Visa Control & Reporting Division, DOS, at the IIUSA EB-5 Industry Forum in Seattle, Washington, on October 29, 2019, addressing important updates relating to EB-5 visa demand.
AILA Doc. No. 19103106

Practice Alert: Pilot Program Being Tested in El Paso to Speed up Removal of Asylum Seekers

10/30/2019
AILA provides a practice alert on new pilot program being tested in El Paso, Texas to speed up deportations of asylum seekers.
AILA Doc. No. 19103031

Practice Pointer: Changes to Geographical Areas - Did You Notice?

10/25/2019
AILA issued a practice alert after members, especially in the six New England states, reported changes in geographical areas containing wage data in the Occupational Employment Survey (OES). This practice alert explains why the geographical areas may change each July 1.
AILA Doc. No. 19102505

Practice Alert: Update from NVC on Outage of Document Upload Function in CEAC

10/18/2019
The DOS Liaison Committee provides an update from the National Visa Center on recently reported issues uploading documents in the CEAC system. The DOS Liaison Committee will continue to report any new developments on this outage.
AILA Doc. No. 19101802

Practice Alert: Automatic Extension of Expired Venezuelan Passports

10/18/2019
The CBP Liaison Committee provides background information on the automatic extension of expired Venezuelan passports and recommendations for assisting clients impacted by the extension.
AILA Doc. No. 19101800

Practice Pointer: Navigating the USCIS Contact Center

2/10/2021
AILA provides an updated practice pointer on navigating the USCIS Contact Center, including tips for checking case status or placing a case inquiry, tips for requesting an InfoPass/InfoMod appointment, and tips for requesting an expedite or requesting to reschedule an interview or biometrics.
AILA Doc. No. 19101631

Practice Pointer: Understanding the DOS Interim Final Rule on Public Charge Grounds

10/16/2019
AILA’s DOS Committee provides this practice pointer on the DOS’s Interim Final Rule on Public Charge grounds as it applies to individuals applying for visas. While the IFR took effect on October 15, 2019, DOS has stated that it will not be implemented until a related new form is published.
AILA Doc. No. 19101630

Practice Pointer: Certified English Translations

10/15/2019
AILA’s Service Center Operations (SCOPS) Liaison Committee continues to hear reports of USCIS issuing RFE and denials related to English language translations. The SCOPS Liaison Committee reminds members to make sure certified translation complies with 8 CFR §103.2(b)(3).
AILA Doc. No. 17092731

Practice Pointer: EOIR Policy Memo, Use of Status Dockets

10/14/2019
AILA Practice Pointer on EOIR policy memo 19-13, use of status dockets. Status cases are "cases in which an immigration judge must delay final adjudication of the case pursuant to law."
AILA Doc. No. 19101405

Practice Alert: Brief Discussion with DOL OFLC Concerning FLAG System Issues

10/11/2019
The DOL Committee provides updates from a brief discussion with DOL OFLC concerning reported issues in the FLAG system, especially concerning prevailing wage determinations and LCAs.
AILA Doc. No. 19101108

Practice Pointer: Understanding the New DHS Rule on Public Charge Inadmissibility

10/10/2019
AILA, in coordination with Greg McLawsen, provides a practice pointer regarding understanding the new DHS rule on public charge inadmissibility that fundamentally changes how DHS will make public charge determinations.
AILA Doc. No. 19101104

Practice Pointer: Requests for Change or Extension of Nonimmigrant Status Are Subject to Heightened Scrutiny Under DHS’s Public Charge Final Rule

10/3/2019
This practice pointer address the “public charge condition” imposed on requests for change or extension of nonimmigrant status under the public charge final rule.
AILA Doc. No. 19100305

Practice Alert: DHS Publishes Correction to the Public Charge Final Rule in the Federal Register

10/2/2019
AILA provides a practice alert on the publication of a correction to the Public Charge Final Rule in the Federal Register on October 2, 2019. The Alert provides an overview of the types of changes and a detailed explanation on the changes impacting the spouse and children of servicemembers.
AILA Doc. No. 19100202

Practice Alert: Accessing Copies of the ETA Form 9035 in FLAG for LCA Notice Requirements

9/30/2019
The DOL Committee provides information concerning the availability of printed copies of the completed form ETA Form 9035 in the FLAG system for the purposes of complying with LCA notice requirements.
AILA Doc. No. 19093034

Practice Pointer: Effect of Filing an AOS for an Aging-Out Child When Dates for Filing Are Current but Final Action Dates Are Not

9/27/2019
AILA’s USCIS HQ Committee provides a practice pointer outlining key considerations for practitioners when filing an adjustment application for a child approaching 21 years of age when the Dates for Filing are current but the Final Action Dates are not.
AILA Doc. No. 19093001

Practice Pointer: How to Request Immigration Case Assistance from a Member of Congress

9/27/2019
In recent times, AILA National, as well as our members have experienced difficulty obtaining responses from USCIS on case specific inquiries. In this practice pointer, AILA outlines how to request case assistance from a member of Congress.
AILA Doc. No. 19092708

Practice Alert: President Trump Signed CR Through December 20

11/21/2019
On November 21, 2019, President Trump signed a continuing resolution through December 20, 2019.
AILA Doc. No. 19092700

Practice Alert: Advising EB-5 Clients on the Potential Impact of Removal of the Per-Country Numerical Limitation

9/24/2019
AILA issues a practice alert summarizing some considerations for EB-5 practitioners and EB-5 clients in analyzing H.R. 1044/S.386 and its implications should it be enacted.
AILA Doc. No. 19092502

Practice Alert: Asylum Ban 2.0

12/20/2019
AILA's Asylum & Refugee Committee summarizes the implications of the Supreme Court’s stay of a preliminary injunction of the Asylum Ban 2.0. Without clarification from EOIR, Immigration Judges may issue inconsistent rulings on the question of the asylum ban’s retroactive applicability.
AILA Doc. No. 19092432

Practice Alert: On-Site Inspections for STEM OPT Employment

9/20/2019
AILA’s USCIS HQ (Benefits Policy) Committee provides a practice alert regarding recent reports of on-site inspections for STEM OPT employment.
AILA Doc. No. 19092304

Practice Pointer: Business-Friendly Consular Sections—the Myth and the Reality

9/20/2019
AILA’s Business Immigration Response Team provides a practice pointer outlining key considerations for practitioners seeking to identify business-friendly consular sections. Special thanks to Stephen Pattison.
AILA Doc. No. 19092062

Practice Pointer: Effect of the Public Charge Final Rule on U- and T-Visa/VAWA Self-Petitioners

9/20/2019
AILA provides a practice pointer explaining that the public charge ground of inadmissibility does not apply to U- or T-visa applicants, U or T nonimmigrants applying to adjust their status, or VAWA self-petitioners.
AILA Doc. No. 19092014

New EB-5 Regulations and the Future of the EB-5 Regional Center Program

9/20/2019
AILA’s EB-5 Committee provides information regarding the new EB-5 regulations and the future of the EB-5 Regional Center program. Special thanks to Bernard Wolfsdorf and Joe Barnett for their contributions.
AILA Doc. No. 19092011

Practice Alert: Update on Electronic Filing of H-2A Applications in FLAG System

9/17/2019
The DOL Liaison Committee reminds members that as of September 16, 2019, stakeholders may begin preparing H-2A applications (ETA-9142A) and job orders (ETA-790/ETA-790A) in the DOL FLAG system. The committee also shares the DOL transition schedule for H-2A forms in FLAG.
AILA Doc. No. 19091731

Practice Alert: Update on Electronic Filing of LCA in FLAG System

9/19/2019
The DOL Liaison Committee reminds members that as of 9/16/19 stakeholders are able to begin preparing LCA applications for H-1B, H-1B1, and E-3 visas in the FLAG System. These applications may be submitted through FLAG beginning on 10/1/19.
AILA Doc. No. 19091631

Practice Pointer: The Illinois Cannabis Regulation and Tax Act and Its Effect on Immigration

6/25/2019
AILA provides a practice pointer on cannabis legalization in Illinois and how the Regulation and Tax Act creates a system for expungement, pardon, and vacating certain cannabis convictions. Special thanks to Lindsay Fullerton.
AILA Doc. No. 19091100

Practice Alert: DOL FLAG Website Remains Vulnerable to Outages Due to LOGIN.GOV

9/10/2019
The DOL Committee provides context for a brief FLAG system outage and what it means for the system moving forward.
AILA Doc. No. 19091038

Practice Pointer: DHS’s Public Charge Final Rule Does Not Affect Asylees or Refugees

9/10/2019
This practice pointer identifies asylum and refugee-related categories exempt from the public charge ground of inadmissibility.
AILA Doc. No. 19091031

Practice Alert: USCIS Website Appears to be Encountering a Technical Glitch

6/6/2019
In recent weeks, AILA has received reports from members regarding what appears to be several technical glitches on the USCIS website. AILA’s Service Center Operations (SCOPS) Committee is aware of the reported issues and has contacted USCIS to make the agency aware of the issue.
AILA Doc. No. 19090605

Practice Alert: Revision to Reciprocity Schedule for E Visas for French Citizens

11/26/2019
Effective 11/12/19, per revisions to the visa schedule for France, the maximum validity of E-1 and E-2 visas for French nationals, including derivatives, is now 25 months.
AILA Doc. No. 19090301

Practice Alert: KCC Confirms Progress on Implementation of Digital Record Transfer System

9/3/2019
On August 15, 2019, the Kentucky Consular Center (KCC) provided AILA’s Department of State Liaison Committee with an update on its development of a system to digitally transfer nonimmigrant petition copies from USCIS service centers to the KCC.
AILA Doc. No. 19090300

Practice Alert: Denials and Refusals to Adjudicate Military Parole in Place Applications

9/4/2019
AILA's USCIS HQ Committee has received reports of high rates of denials and processing delays for military parole in place applications at some USCIS field offices. The committee is also requesting examples, through a survey on this page, of impacted applications to further its advocacy efforts.
AILA Doc. No. 19083036

Update: USCIS Resumes Accepting and Adjudicating Deferred Action Applications for Non-Military Applicants

9/19/2019
Today, DHS alerted the Oversight & Reform Committee that at the discretion of the Acting Secretary it would resume “consideration of non-military deferred action requests on a discretionary, case-by-case basis, except as otherwise required by an applicable statute, regulation, or court order.”
AILA Doc. No. 19082334

Practice Alert: EB-3 Categories Made Immediately Unavailable Through End of FY2019

8/26/2019
AILA’s Department of State Liaison Committee provides an update from the Department of State’s Charlie Oppenheim that despite information contained in the September 2019 Visa Bulletin, all EB-3 categories have been made immediately “unavailable” through the end of the fiscal year.
AILA Doc. No. 19081690

Practice Alert: New Process for DOS WRD Case Liaison Assistance for J-1 Waivers

8/15/2019
AILA’s Department of State Liaison Committee provides an updated case liaison process for Department of State Waiver Review Division (WRD) J-1 waiver inquiries.
AILA Doc. No. 19081537

Practice Alert: DHS’s Public Charge Final Rule

2/24/2020
AILA updated its practice alert after the U.S. Supreme Court granted the administration’s request for a stay of Illinois-based injunction against DHS’s public charge rule on 2/21, allowing DHS to implement the public charge rule nationwide, including in Illinois.
AILA Doc. No. 19081430

Practice Alert: DOS Consular Posts' Public-Facing Email Addresses

10/5/2020
AILA’s Department of State Liaison Committee provides a list of U.S. posts and, where applicable, the public-facing emails available for contacting each post. The committee has raised a list of the posts without these public-facing email addresses to the attention of the DOS Visa Office.
AILA Doc. No. 19081333

Practice Pointer: Advising Clients Regarding SSA “No-Match” Letters

8/7/2019
The Verification and Documentation Liaison Committee provides a practice pointer on Social Security Administration (SSA) no-match letters and provides suggestions that will help AILA members identify legal issues that their clients should consider when deciding how to respond to these letters.
AILA Doc. No. 19080800

Practice Alert: U Visas — Updated Guide for Law Enforcement Certifiers and New Directive on Stay Requests

8/7/2019
This practice alert provides information on the updated U visa guide for law enforcement certifiers and on the new ICE directive regarding requests for stays of removal for U visa petitioners.
AILA Doc. No. 19080733

Practice Alert: New Limited Electronic Filing Available for Forms I-192 and I-212

8/15/2019
Beginning on July 1, 2019, eligible citizens of visa exempt countries are able to apply for certain nonimmigrant waivers online using the Customs and Border Protection (CBP) Electronic Secured Adjudication Forms Environment (e-SAFE) system.
AILA Doc. No. 19080132

Practice Alert: New LegalNet Response System and Review of 214(b) Refusals

8/1/2019
AILA’s Department of State Liaison Committee details a new response system for requests for review made through the Department of State’s LegalNet email box. The committee also explains what this means for 214(b) refusals raised to LegalNet.
AILA Doc. No. 19080130

Practice Alert: New Barcode on Form G-28

7/30/2019
As of mid-July 2019, USCIS has added a new barcode to the Form G-28 and Form I-90. Other forms will eventually follow.
AILA Doc. No. 19073035

Practice Pointer: Arya Samaj Marriages in India – Validity Under U.S. Immigration Law

9/22/2020
The DOS Liaison Committee provides this Practice Pointer concerning Arya Samaj marriages in India; their validity under U.S. immigration law; and common misunderstandings and fraud concerns.
AILA Doc. No. 19072991

Practice Alert: USCIS Updates Filing Addresses for Some I-129 Petitions

7/29/2019
AILA’s Service Center Operations (SCOPS) Liaison Committee provides a practice alert notifying members that USCIS recently updated its website regarding the direct filing addresses for Form I-129, Petition for a Nonimmigrant Worker.
AILA Doc. No. 19072903

Practice Alert: Glitch Causing Problems with I-797 Notices Issued by NBC

7/22/2019
AILA’s National Benefits Center Liaison Committee issued a practice alert notifying members of a recent glitch causing issues with I-797 Notices.
AILA Doc. No. 19072262

Practice Alert: Implementation of Expedited Removal Expansion

10/27/2020
AILA provides a practice alert with information on DHS's announcement that it is significantly expanding expedited removal. On 10/27/20, CBS News reporter Camilo Montoya-Galvez released the notice that ICE will be providing to individuals subjected to the expanded ER policy.
AILA Doc. No. 19072207

Practice Advisory: Tips for Representing U Visa Respondents

7/19/2019
This in-depth practice advisory from AILA and ASISTA provides survivor-based advocacy strategies for U visa applicants at different stages of removal proceedings, including strategies to address ICE and EOIR challenges.
AILA Doc. No. 19071911

Practice Alert: FLAG System Maintenance and Section K Issue in PERM Portal Resolved

7/18/2019
The DOL Liaison Committee provides updates on two issues that it had raised to the attention of the DOL Office of Foreign Labor Certification. Both issues appear resolved, as the FLAG system is back online, and DOL has implemented a system fix concerning issues with Section K of the ETA Form 9089.
AILA Doc. No. 19071836

Practice Alert: Videos Replace Interpreters at Hearings

6/9/2020
EOIR has begun replacing interpreters at master calendar hearings with prerecorded video advisals. AILA has obtained copies of these videos and is tracking the roll out of this program. If you have additional information, please contact AILA.
AILA Doc. No. 19071832

Practice Pointer: Special Issues in Asylum Seeker and Asylee EAD Applications

7/17/2019
This practice pointer provides tips to help attorneys understand and navigate certain requirements that may arise when preparing asylum seeker or asylee EAD applications.
AILA Doc. No. 19071801

Practice Alert: Form I-539 No Longer Eligible for “Courtesy” Premium Processing

7/15/2019
AILA’s USCIS HQ (Benefits Policy) Liaison Committee provides a practice alert noting that in light of the new biometrics requirement for all I-539 applicants, USCIS has discontinued its prior practice of providing premium processing as a courtesy for I-539s filed concurrently with a I-129 petition.
AILA Doc. No. 19071532

Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap

7/6/2019
The ACLU and advocates provide a practice advisory on the constitutional challenges to mandatory immigration detention after Nielsen v. Preap that authorizes ICE to impose mandatory detention any time after an individual’s predicate criminal offense.
AILA Doc. No. 19071102

Practice Alert: USCIS Shortens Window Between Entry and Credible Fear Interview

7/10/2019
BuzzFeed reported that USCIS changed the window between when an immigrant is detained for crossing into the U.S. and when the credible fear interview occurs from 48 hours to one calendar day.
AILA Doc. No. 19071031

Practice Alert: USCIS Closure of International Offices Impacts Applications, Petitions, and Forms Typically Processed by Field Offices Overseas

2/17/2020
AILA’s USCIS HQ (Benefits Policy) Committee updated its practice alert regarding the closure of USCIS international field offices in light of the announcement that USCIS plans to maintain operations at seven of its international field offices.
AILA Doc. No. 19070237

Practice Alert: PERM Special Handling Denials Based on Use of Insidehighered.com and Higheredjobs.com Appear to Be a Training Issue

6/27/2019
AILA’s DOL Liaison Committee provided a practice alert regarding a recent trend of PERM special handling denials where the chosen journals used for recruitment were Insidehighered.com or Higheredjobs.com. AILA was informed by the DOL OFLC that these denials appear to be a training issue.
AILA Doc. No. 19062792

Practice Alert: New Edition of Form I-192 and Extension of Grace Period for Previous Edition of Form I-918

6/27/2019
USCIS has released a new edition of Form I-192, dated 4/9/19. AILA reminds member that starting 6/28/19, USCIS will only accept the 4/9/19 edition of Form I-192. USCIS has also extended the grace period for the prior edition of Form I-918.
AILA Doc. No. 19062738

Practice Alert: USCIS Clarifies F2A Applicants May Use the Final Action Dates Chart for July 2019

6/27/2019
On 6/26/19, USCIS updated its website to indicate that for family-sponsored filings for July 2019, applicants in the F2A category may file using the Final Action Dates chart in the July 2019 Visa Bulletin. AILA provides a practice alert on the issue.
AILA Doc. No. 19062730

Practice Alert: New Edition of Form I-526, Immigrant Petition by Alien Entrepreneur

6/24/2019
AILA reminds members that in April 2019, USCIS released a new version of Form I-526, Immigrant Petition by Alien Entrepreneur. The new edition is dated 4/15/19. Starting 6/25/19, USCIS will only accept the 4/15/19 edition of Form I-526.
AILA Doc. No. 19062432

Practice Alert: DHS and HHS Provide an Advance Copy of Final Rule to Terminate Flores Settlement Agreement

8/23/2019
On 8/23/19, DHS and HHS published a joint final rule to amend regulations related to the apprehension, processing, care, custody, and release of undocumented juveniles in the Federal Register. The rule is effective 10/22/19.
AILA Doc. No. 19062495

Practice Alert: Issuances of NTAs in Denied Humanitarian-Based Immigration Cases

6/21/2019
This practice resource from ASISTA, AILA, and other organizations provides strategies for practitioners in light of reports that USCIS recently issued a number of NTAs in connection with denied U and T visa applications.
AILA Doc. No. 19062401

Practice Alert: USCIS Publishes Proposed H-1B Registration Fee Rule

10/4/2019
AILA updated its practice alert to notify members that on 9/4/19, USCIS published a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to pay a $10 fee for each registration they submit to USCIS.
AILA Doc. No. 19061332

ICE Email to Journalist Confirms 2009 and 2011 Policy Memos Are Still in Effect

6/10/2019
In 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. 19061000

Practice Alert: Changes to Immigrant and Nonimmigrant Visa Application Forms

6/7/2019
On 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. 19060706

Practice Alert: DOL Sets Dates for Implementation of FLAG System

6/17/2019
AILA 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. 19060770

Practice Alert: AG Certifies Cases on Judicial Alteration of a Criminal Conviction or Sentence

5/30/2019
AILA 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. 19053035

Practice Alert: EOIR Policy Memo, No Dark Courtrooms

6/4/2019
AILA 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. 19052970

Practice Alert: SOC Mismatches on Prevailing Wage Determinations

5/24/2019
The 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. 19052435

Practice Alert: Erroneous Rejections of Form I-765 for Liberians with DED

5/16/2019
AILA 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. 19051636

AILA Update: Feeing in a Motion with EOIR at a Local USCIS Office

5/9/2019
AILA 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. 19050933

Practice Pointer: The Latest on EB-5 Wait Times and Visa Bulletin Projections

5/7/2019
AILA’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. 19050734

Practice Pointer: Immigration Law Ramifications of Unlawful Presence Litigation

5/7/2019
AILA’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. 19050733

Practice Pointer: T Visa Adjustment of Status and the Public Charge Ground of Inadmissibility

5/2/2019
AILA’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. 19050201

Practice Alert: New I-129 Edition

4/19/2019
AILA 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. 19041932

Practice Alert: System Error at the VSC Affecting Approval Notices

4/17/2019
AILA 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. 19041799

Attorney General Barr Strips Bond Eligibility From Asylum Seekers: Matter Of M-S- Analysis And Q&A

4/17/2019
AILA, NIJC, Human Rights First, and Women’s Refugee Commission provide analysis and Q&A on Matter of M-S-.
AILA Doc. No. 19041739

Practice Alert: I-94 Numbers Will Be Alphanumeric Starting in May 2019

4/17/2019
AILA 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. 19041738

Practice Pointer: Stopped Payment or Bounced Checks and Use of Credit Cards to Pay USCIS Filing Fees

4/16/2019
AILA’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. 19041735

Practice Pointer: Determining Whether INA §212(e) Is Triggered by the J-1 Skills List

4/9/2019
AILA’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. 18031939

Practice Pointer: Revised USCIS Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence

4/8/2019
AILA’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. 19040830

ILRC Issues USCIS Fraud Tip Form Fact Sheet and Template Comment

3/29/2019
USCIS 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. 19040800

Practice Alert: Problems with Feeing in Motions and Applications with Local USCIS Field Offices

4/2/2019
AILA 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. 19040230

Practice Alert: Additional 30,000 H-2B Visas to be Made Available for the Remainder of FY2019

5/9/2019
DHS 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. 19032933

Practice Alert: DOL Delays in Completing Business Verification (FEIN) Requests

3/27/2019
The 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. 19032770

Practice Pointer: Expert Opinion Testimony - Yes, It’s Evidence USCIS Should Consider!

3/22/2019
AILA’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. 19032230

Practice Alert: Ongoing Technical Difficulties with Form DS-3035

3/20/2019
AILA’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. 19032031

Practice Pointer: When Is a Photocopy of an Original Signature Acceptable?

3/20/2019
AILA’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. 19010900

Practice Alert: L-1 Adjudications at Ports of Entry for Canadian Citizens

5/14/2019
AILA’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. 19030730

Practice Alert: USCIS Updates Filing Addresses for I-129 Petitions

3/11/2019
AILA’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. 19031100

Practice Alert: USCIS Publishes Revised Form I-539 and New Form I-539A

3/8/2019
On 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. 19021234

Practice Alert: AILA’s EB-5 Committee Provides an Update on EB-5 Visa Backlog

3/6/2019
AILA’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. 19030631

Practice Pointer: Filing Tips and Resources for FY2020 Cap-Subject H-1B Petitions

3/25/2019
In preparation for the FY2020 H-1B nonimmigrant visa cap season, AILA provides practical filing tips and related resources.
AILA Doc. No. 19030601

Practice Pointer: Understanding and Addressing the “Five-Year Bar” When Applying for a Visa

2/28/2019
The 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. 19022840

Practice Alert: Alternative Options After Suspension of Visa Processing at U.S. Consulate in Caracas, Venezuela

2/26/2019
DOS 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. 19021333

Practice Alert: USCIS Publishes Final Regulation Making Significant Changes to the EB-5 Immigrant Investor Program

7/24/2019
AILA updated its practice alert with information on the USCIS final rule, published in the Federal Register on 7/24/19, making significant changes to the EB-5 Immigrant Investor Program. The final rule is scheduled to take effect on 11/21/19.
AILA Doc. No. 19022542

Practice Alert: Proposed H-4 EAD Rescission Rule Withdrawn from Review at OMB

1/28/2021
On January 25, 2021, the Trump-era proposed regulation, Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization, was withdrawn from review at OIRA, an office within OMB tasked with the review of executive branch regulations.
AILA Doc. No. 19022203

Practice Alert: DOS Considers Reorganization of Consular Affairs Attorneys

2/21/2019
AILA 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. 19022134

Practice Alert: Omnibus Spending Bill Provides Limited H-2B Cap Relief for FY2019

2/19/2019
On 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. 19021940

Practice Pointer: H-1B Petitions for the Same Beneficiary and Considerations for the FY2020 H-1B Cap Season

2/15/2019
AILA’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. 19021547

Practice Pointer: Validity of Form I-693 Medical Exams

2/15/2019
AILA’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. 19021540

Practice Pointer: Prudential Revocation of Nonimmigrant Visas

2/13/2019
AILA’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. 18072406

Practice 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-

2/11/2019
This 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. 19021130

Practice Alert: Inconsistent Adjudication of Advance Paroles Due to International Travel

2/21/2020
AILA’s Service Center Operations (SCOPS) Committee has received reports regarding the inconsistent adjudication of advance parole applications for individuals in H or L status with pending AOS applications who travel abroad while their advance parole is pending with USCIS.
AILA Doc. No. 17081867

Practice Pointer: Changes to the InfoPass Scheduling System at Local USCIS Field Offices

7/12/2019
AILA’s USCIS Field Operations Liaison Committee provides information and updates on the expansion of the Information Services Modernization (InfoMod) Program. Under the program, in-person appointments will be scheduled only for document services and emergencies.
AILA Doc. No. 18020500

Practice Alert: Long-Pending I-765 and I-131 Applications at the NBC

1/31/2019
AILA provides a practice alert on long-pending EAD/AP applications at the National Benefits Center.
AILA Doc. No. 18100503

Practice Alert: DHS Publishes Final Regulation Governing H-1B Cap Subject Petitions

1/31/2019
DHS 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. 18111639

Practice Alert: DHS Issuing NTAs with Fake Times and Dates

11/26/2019
Back in 2015, EOIR used a “parking date” of November 29, 2019, to help manage its immigration court docket. AILA is trying to gauge if these hearings have been rescheduled. Please submit your examples if you have a hearing on that date.
AILA Doc. No. 18091858

Practice Alert: Technical Issues Causing Online Form DS-160 to Time Out

1/31/2019
AILA 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. 19013141

Practice Alert: DOS and Mission China Alert to Changes in H and L Processing

1/30/2019
The 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. 19013039

Practice Alert: What Judge Hanen’s Decision Means for My Clients

7/21/2021
AILA updated its practice alert after a district court judge ruled that DHS violated the APA when it created the DACA program in 2012, to include how to advise DACA applicants and recipients, lists several open questions, and mentions what steps AILA members should take next.
AILA Doc. No. 18011035

Practice Alert: What Happens If the Government Shuts Down?

1/28/2019
Drawing 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. 17042640

Practice Alert: Foreign Labor Certification Wage Library Back Online

1/23/2019
After 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. 19012245

Practice Alert: USCIS Checklists Do Not Replace Statutory, Regulatory, and Form Instruction Requirements

4/15/2020
AILA's USCIS (Benefits Policy) Committee recently updated its practice alert, reiterating the importance of consulting the statute, regulations, and form instructions as to what constitutes required initial evidence for any given application or petition before submitting it to USCIS.
AILA Doc. No. 19012200

Practice Alert: AILA’s Case Liaison Assistance Process for USCIS Service Centers

7/13/2020
Due 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. 16061604

Practice Pointer: New USCIS L-1 Policy Ushers in Restrictive Interpretation of the One-Year Abroad Requirement

1/17/2019
This 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. 19011730

Practice Alert: Payment of Visa Fees at U.S. Consulates in Mexico

1/11/2019
AILA’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. 19011130

Practice Alert: Accessing Older Versions of the FAM Through Internet Archive Websites

1/11/2019
AILA’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. 19011132

Practice Pointer: Resolving PIMS Issues and Understanding KCC’s Role

1/10/2019
AILA’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. 18031336

Practice Alert: iCERT System Outage Updates for All Users

1/9/2019
On 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. 19010231

Practice Pointer: LegalNet Scope of Review of Nonimmigrant Visa Refusals

1/9/2019
The 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. 19011001

Practice Pointer: Filing Mandamus to Request Adjudications of H-1Bs for Cap-Gap Beneficiaries

1/8/2019
AILA’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. 18100370

Practice Alert: FY2019 H-1B Cap-Subject Petitions Still Pending with the CSC

1/2/2019
AILA 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. 19010232