Errata and Updates

Kurzban's Immigration Law Sourcebook, 19th Ed., by Ira J. Kurzban

View corrections, clarifications, and selected updates to the 19th edition of Kurzban's Immigration Law Sourcebook.

AILA’s Guide to PERM Labor Certification, 2023 ed.

Equal pay transparency laws, which can affect PERM filings, are being added and amended on a regular basis. The article The New Normal in PERM Recruitment: Compliance with State and Local Equal Pay Transparency Laws in Job Postings by Susanne C. Heubel and Teodora D. Purcell at page 339 contains an appendix at page 347 that is a chart of equal pay transparency laws by jurisdiction. This chart has been and will be revised periodically on AILA’s website via Practice Alert: Job Postings: Equal Pay Transparency Chart by Jurisdiction, AILA Doc. No. 23041408.

AILA's FOIA Toolbox: A Practical Guide to Obtaining Records for Immigration Cases through FOIA and Other Document Requests, 2022 ed.

Update to document F01: Effective Dec. 1, 2022, EOIR will no longer accept FOIA or Privacy Act requests by email. Although EOIR will still accept requests via postal mail, requestors are strongly encouraged to submit FOIA and Privacy Act requests through EOIR’s Public Access Link (PAL).

Immigration and Nationality Act, 2022 Ed.

Correction: In footnote 54 on page 60, the date of enactment of the EB-5 Reform and Integrity Act of 2022 is stated as March 15, 2002. It should read as March 15, 2022.

Code of Federal Regulations, 2022 Ed.

Correction: On page 523 of Volume II, 22 CFR §42.33(b)(1)(viii) and (ix) should have footnotes noting that the interim final rule published at 84 FR 25989 on 6/5/19 that added these two paragraphs was vacated by the U.S. District Court for the District of Columbia on 2/4/22.

AILA’s Immigration Law Practice & Procedure Manual: A “Cookbook” of Essential Practice Materials

Correction: The Sample Packet Preparation and Review Checklist for R-1 Petition, on page 1088 of Volume 1, lists the Form G-1450 as an option for paying the filing fees using credit card. The Form G-1450 cannot currently be used with an R-1 petition, or any other I-129 petition, to pay the filing fees by credit card.

• Clarification and Update: The Form G-1450 can only be used with petitions and applications that are being submitted to one of the three USCIS Lockboxes in Chicago, Illinois; Phoenix, Arizona; and Lewisville, Texas. Petitions or Applications that are submitted to any other address may not use the Form G-1450 to pay the filing fees by using credit card.
  
  There are currently two exceptions to this rule:
  As of May 3, 2021, I-485 applications based on the applicant being a U nonimmigrant that are filed at the Nebraska Service Center may also use the G-1450 to pay the fees by credit card. Such applications filed with the Vermont Service Center may not use the G-1450.
  As of July 20, 2021, I-140 petitions that are being filed with an I-907 requesting premium processing, or I-907 applications filed to upgrade a pending I-140 to premium processing, which are filed with the Nebraska Service Center only, may use the G-1450 to pay the fees by credit card. Other I-140 petitions not filed with one of the USCIS Lockboxes and filed with one of the other Service Centers may not use the G-1450.
  For more information about using the G-1450, see https://www.uscis.gov/g-1450 and https://www.uscis.gov/forms/filing-fees/pay-with-a-credit-card.
• Update: As of May 17, 2021 (effective until May 17, 2023), individuals filing the Form I-539 to request a Change of Status to H-4, L-2, E-1, E-2, E-2C, E-3, or E-3D nonimmigrant status, or to request an Extension of Status for one of these statuses, are not required to submit the $85 biometric services fee.
  
  Note: The Sample Packet Preparation and Review Checklist for Form I-539 For Change of Status or Extension of Status for Nonimmigrant Derivative Beneficiary, on page 1139 of Volume 1, lists the government filing fee for the I-539 as $455. This amount includes the $85 biometrics fee, and as such is no longer the correct fee for applications filed for derivatives in H-4, L-2, E-1, E-2, E-2C, E-3, or E-3D nonimmigrant status.
  
  For more information about the I-539 filing fees, see the “Filing Fee” section of https://www.uscis.gov/i-539.
• Update: On July 16, 2021, the U.S. Department of Labor (DOL) announced a change of mailing address for its Office of Foreign Labor Certification (OFLC) Atlanta National Processing Center (ANPC) effective August 25, 2021.
  
  Effective August 25, 2021, any mail, including U.S. Postal Service and other courier mail or parcel delivery packages, sent to ANPC must be submitted to the following new mailing address (except for mail associated with the processing of applications requesting permanent labor certification subject to supervised recruitment (“Supervised Recruitment”):
  
  U.S. Department of Labor
  Employment and Training Administration
  Office of Foreign Labor Certification
  200 Constitution Avenue NW, Room N-5311
  Washington, DC 20210
  
  Per the OFLC announcement, employers must list the new Certifying Officer/ANPC address on a PERM Notice of Filing in accordance with 20 CFR 656.10(d) if the requisite 10-day notice period begins after September 5, 2021. Listing the previous Certifying Officer/ANPC address on PERM Notices of Filing posted after this date could result in a failure to comply with the PERM notice of filing requirement and could lead to a denial of the PERM application if DOL requests and audit.
  
  Supervised Recruitment mail should continue to be sent to the following addresses:
  
  U.S. Department of Labor
  Employment and Training Administration
  Office of Foreign Labor Certification
  Atlanta National Processing Center
  Attn: Supervised Recruitment
  P.O. Box 56625
  Atlanta, GA 30343
  
  Or if sent by courier service:
  
  U.S. Department of Labor
  Employment and Training Administration
  Office of Foreign Labor Certification
  Attn: SR Team
  200 Constitution Avenue, NW, Room N-5311
  Washington, DC 20210
  
  NOTE: The Sample Notice of Filing (page 59 Vol. 2) and Sample Template for Notice of Filing (page 61 Vol. 2) list the prior address for the Atlanta National Processing Center (ANPC). The new address for the ANPC must be listed on Notices of Filing posted after September 5, 2021. The Instructions and Tips for Completing Form ETA 9089 Perm Labor Certification (page 105 Vol. 2) also lists the prior mailing address for the ANPC.
  
  For further updates about this change, see the AILA DOL Liaison Committee Practice Alert: Impact of Address Change for Atlanta National Processing Center (AILA Doc. No. 21072230).
• Update for Initial DACA Requests: Per the USCIS Frequently Asked Questions Relating to DACA, updated July 19, 2021, in accordance with the July 16, 2021 order of the U.S. District Court for the Southern District of Texas, USCIS is not permitted to approve initial DACA requests or accompanying applications for employment authorization while the court order from the Southern District of Texas remains in effect. Therefore, while USCIS will continue to accept the filing of initial DACA requests, as well as accompanying requests for employment authorization, those requests will remain on hold in compliance with the court order. USCIS will not issue refunds for initial DACA requests that remain on hold while the court order is in effect. USCIS may issue further guidance on this subject as the Southern District of Texas litigation continues.
  
  This does not affect request for renewal of DACA which are still being adjudicated as previously.
  
  For more information about the effects of the July 16, 2021 order of the U.S. District Court for the Southern District of Texas, see Consideration of Deferred Action for Childhood Arrivals (DACA) | USCIS.

 Public Charge and Affidavits of Support: A Practitioner's Guide, 2d Ed.

On March 9, 2021, the Department of Homeland Security (DHS) discontinued use of the Form I-944, Declaration of Self-Sufficiency, and withdrew its 2019 public charge rule from the Code of Federal Regulations in light of an Illinois district court’s nationwide injunction taking effect on that date. On July 29, 2020, a district court in New York enjoyed the Department of State from implementing and enforcing its complementary public charge rule, and the agency discontinued use of its Form DS-5540, Public Charge Questionnaire. The DHS is now following the 1999 Interim Rule interpreting the public charge ground of inadmissibility. As a result, certain chapters of the book, specifically Chapters 2-5, are no longer applicable. The chapters of the book relating to the affidavit of support, Chapters 6-15, are still largely unaffected by the litigation and agency actions. For more information, see AILA’s Featured Issue page on public charge.

AILA’s U.S. Citizenship and Naturalization Toolbox

Effective March 1, 2021, USCIS updated guidance in the USCIS Policy Manual regarding the civics test for naturalization. The update provides that USCIS will revert to administering the 2008 civics test to applicants who filed for naturalization before 12/1/20 and after 3/1/21. (Those filing in between with interviews before April 19, 2021 can choose between the 2008 and 2020 tests.) The 2008 civics test requires an applicant to provides a correct answer or alternative phrasing of the correct answer for six of 10 questions selected from a list of 100.

Toolbox documents affected are:

A01 Becoming an American: Requirements for Naturalization and Potential Pitfalls, at p. 7.
B04 Gatekeeping the American Dream: The Importance of the Naturalization Interview to Achieving Citizenship and Full Integration into American Life, at pp. 2-3.

Code of Federal Regulations, 2016-2020 Eds.

The final two sentences of 8 CFR §214.1(c)(1) are missing from the text. The final two sentences should read as follows:

Dependents holding derivative status may be included in the petition if it is for only one worker and the form version specifically provides for their inclusion. In all other cases dependents of the worker should file on Form I-539.
 

Immigration and Nationality Act, 2014-2020 Eds.

INA §§328(g) and (h) should not appear in the 2014-2020 editions of the INA, as these provisions sunset on 10/9/13, as provided by P.L. 110-382 (10/9/08).
 

AILA’s Asylum Primer, 8th Ed., by Dree K. Collopy

AG Garland Vacates Asylum Precedents That Harmed Victims of Violence

On June 16, 2021, Attorney General Garland issued a decision vacating Matter of A—B— and Matter of A—B— II, as well as a decision vacating Matter of L—E—A— II. DOJ also issued a memo regarding the impact of the vacation of these decisions.

On page 153, in the sentence containing footnote 832, the PSG listed should be corrected and the sentence should read as follows:

It then concluded that the applicant had not demonstrated that her proposed particular social group, “Immediate family members of Honduran women unable to leave a domestic relationship,” was socially distinct.
 

Immigration and Nationality Act, 2018 Ed.

On page 177, INA §217(h)(3)(B)(iii) should read as follows:

(iii) Sunset of travel promotion fund fee.— The Secretary may not collect the fee authorized by clause (i)(I) for fiscal years beginning after September 30, 2027.

On page 178, the legislative history for INA §217 should contain an additional entry at the end that reads as follows:

P.L. 115-123 (2/9/18), div. C, title II, §30203(a) [revising (h)(3)(B)(iii) to say September 30, 2027]

Immigration Law and the Family, 4th Ed., Edited by Charles Wheeler

Shortly after Immigration Law and the Family was published, DHS, on July 29, 2016, issued a final rule expanding the availability of the provisional unlawful presence waiver to individuals who would be statutorily eligible for an unlawful presence waiver under INA §212(a)(9)(B)(v). The rule also made additional changes to the current provisional waiver process. Charles Wheeler, the book's editor, provides updated information on the provisional waiver program as a supplement to the section in Chapter 7 of the book entitled, "INA §212(a)(9)(B)(v) Waiver for Unlawful Presence."

Thereafter, on October 21, 2016, USCIS issued policy guidance in its Policy Manual on determinations of extreme hardship to qualifying relatives as required by certain statutory waiver provisions. This guidance became effective December 5, 2016, and is controlling and supersedes any related prior USCIS guidance. In the final guidance, USCIS delineated a number of "particularly significant factors" that "often weigh heavily in support of finding extreme hardship." Charles Wheeler provides updated information to supplement the section in Chapter 7 of the book entitled "Extreme Hardship."