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AILA Blog

Think Immigration: When Irish Eyes are Crying - Remembering our Beloved Immigration Advocate Billy Lawless

AILA Chicago member Fiona McEntee shares a remembrance of immigration activist Billy Lawless, writing that “Billy’s work reaches far beyond Chicago and Ireland. It touches every individual he fought for and every community he strengthened.”

12/4/24 AILA Doc. No. 24120403.
AILA Announcements

Free Roundtable This Friday: Learn How AI Can Elevate Your Firm's Marketing Strategies

Join us this Friday 12/6/24 for a live roundtable, AI Advantage: Transforming Marketing with Automation and Insights. We’ll explore how AI can automate and personalize client communications, streamline content creation and optimization, and automate intake processes. Register now!

Cases & Decisions, Federal Court Cases

CA4 Upholds BIA’s Conclusion That Petitioner’s Challenge to IJ’s Particularly Serious Crime Ruling Was Waived

The court upheld the BIA’s conclusion that the petitioner, who had been convicted in Maryland of an identity fraud offense, had not properly challenged the IJ’s determination that he had been convicted of a particularly serious crime barring asylum. (Lamine Kouyate v. Garland, 11/27/24)

12/4/24 AILA Doc. No. 24120402. Asylum, Crimes, Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Finds BIA Erred in Determining Record Evidence Was Insufficient to Establish Equitable Tolling

The court concluded that the BIA applied the incorrect legal standard, overlooked certain evidence, and departed from its precedent in determining that the petitioner was not entitled to equitable tolling of the deadline for her appeal to the BIA. (Diaz-Valdez v. Garland, 11/22/24)

12/4/24 AILA Doc. No. 24120401. Removal & Relief
Immigration News

Daily Immigration News Clips – December 4, 2024

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on December 4, 2024.

12/4/24
Practice Resources

Practice Pointer: Overview of CFIUS Compliance

AILA's EB-5 Investors Committee provides an overview of the Committee on Foreign Investment in the United States's role in investment scenarios common to several nonimmigrant and immigrant visa categories.

Practice Resources

Practice Alert: J.O.P. v. DHS Settlement Update

Advocates provide a practice alert that highlights the key terms of a proposed settlement agreement in J.O.P. v. DHS, the class action lawsuit about the asylum rights of people previously determined to be unaccompanied children (UC).

12/4/24 AILA Doc. No. 24073100. Asylum, Unaccompanied Children
AILA Announcements

Now Live: AILA Federal District Court Litigation Online Course

AILA’s Federal District Court Litigation Online Course provides immigration practitioners with practical skills to handle federal district court cases effectively. Learn strategies for complaints, responses, and motions, with guidance from expert faculty through real-world applications.

AILA Announcements

Register Now - Alternatives for CHNV Clients: Exploring Other Immigration Options

Explore options for CHNV clients with AILA's live webinar on Dec. 12, 2024, at 2 PM ET. Learn from experts about asylum, TPS, the Cuban Adjustment Act, family-based, and employment-based pathways. Don’t miss practical tips to guide your clients. Register now!

Client Flyers

Client Flyer: What Is the Diversity Visa

AILA provides a simple flyer to help your clients understand the basics of the Diversity Visa Lottery. There is a generic PDF version and a customizable Word version. Please share widely with your networks.

12/3/24 AILA Doc. No. 22101032.
FR Regulations & Notices

DOL/DHS Temporary Rule Increasing FY2025 Limit for H-2B Workers and Portability Flexibility

DOL/DHS temporary rule exercising time-limited authority to increase the numerical limitation for FY2025 for the H-2B program by 64,716 and portability flexibility for H-2B workers seeking to change employers. (89 FR 95626, 12/2/24)

12/3/24 AILA Doc. No. 24112700. Business Immigration, H-2B Temporary Worker
Practice Resources

Practice Alert: Advocating for Clients in ICE's Alternatives to Detention Programs

AILA, AMICA Center for Immigrant Rights, and Just Futures Law provide a comprehensive resource for requesting changes to a client’s reporting and technology requirements enrolled in ICE’s Alternatives to Detentions program, including federal litigation options.

12/3/24 AILA Doc. No. 24120237. Detention & Bond, Removal & Relief
AILA Announcements

Register Now - Navigating TNs: Unlocking the Pathway to Cross-Border Professional Success

Join AILA's webinar on December 5, 2024, to master TN visa complexities, explore Canadian and Mexican procedural differences, and discover strategies for seamless port of entry experiences.

AILA Announcements

Register Now - Disruption! Preparing Clients and Their Employees for Worksite Enforcement Operations During the Second Trump Administration

Join AILA's web seminar on December 13, 2024, to learn how to prepare clients and their employees for anticipated worksite enforcement operations during the second Trump administration. Topics include Form I-9 audits, employment authorization changes, and best practices for employers.

AILA Announcements

Take Action: Urge Congress and President Biden to Protect Immigrants in Remaining Weeks of Biden Administration

As the inauguration of Donald Trump approaches, his policies threaten America’s families, businesses, and economy. AILA urges President Biden to advance reforms and take immediate action to counteract harmful immigration measures.

12/3/24 AILA Doc. No. 24112505.
Tutorial Videos

Desk Yoga: A Well-Being Skills Builder

Movement is such an important component of well-being, but it can be hard to work it into your day. In this video Jennifer Howard shows how to get a good stretch in without leaving your desk! This program was originally a part of Lawyer Well-Being Week 2023.

12/3/24 AILA Doc. No. 23071904. Well-Being
Featured Issues

Featured Issue: Preparing for a Second Trump Administration

Use this page to view AILA resources on how members and others can prepare for a second Trump Administration.

Agency Memos & Announcements

USCIS Seeks Feedback on Adjustment of Status Online Experience

USCIS invites individuals who have filed or plan to file for Adjustment of Status (Forms I-130, I-485) to participate in a one-hour online session to provide feedback on the filing experience. Sessions will start on 12/2/24. Participation details are available by email.

12/3/24 AILA Doc. No. 24112509.
Client Flyers

Client Flyer: What Is the D-3 Waiver

AILA provides a simple flyer to help your clients understand the basics of the D-3 waiver process for U.S. college graduates. There is a generic PDF version and a customizable Word version. Please share widely with your networks.

12/3/24 AILA Doc. No. 24120300. Students & Schools, Waivers
Liaison Minutes

AILA Met with OCAHO, IER, ICE/HSI, CRCL, and USCIS on Employment Verification Issues (10/9/24)

AILA met with OCAHO, DOJ Immigrant and Employee Rights (IER), ICE/HSI, DHS Civil Rights Civil Liberties (CRCL), and USCIS on 10/9/24 to discuss issues related to employment verification and compliance. AILA provides the agenda, key takeaways, and minutes from its Fall meeting.

12/3/24 AILA Doc. No. 24091305. Employer Compliance
Immigration News

Daily Immigration News Clips – December 3, 2024

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on December 3, 2024.

12/3/24
Practice Resources

Practice Pointer: Recognizing Matter of Fernandes Issue, How and When to Raise It, and Other Considerations

AILA’s Removal Defense Section updates its practice pointer on Matter of Fernandes and considerations an attorney should keep in mind when raising an objection pursuant to Fernandes.

12/3/24 AILA Doc. No. 23121300. Removal & Relief
AILA Blog

Think Immigration: Understanding EU Immigration law and the Latest on the Schengen Visa Scheme

AILA Law Journal author Yuu Shibata shares insights into the “complexity of EU immigration law and policy, which operates at both the supranational and intergovernmental levels” in this blog post, which builds on her article in the law journal.

Practice Resources

Key Takeaways on Family Immigration in the Trump Administration

AILA shares the key takeaways from our member roundtable held on Nov. 15, 2024, about preparing for family immigration during a second Trump Administration.

12/2/24 AILA Doc. No. 24120240. Family Immigration, Practice Management
Agency Memos & Announcements

USCIS Reaches FY2025 H-1B Cap

USCIS announced that it has received enough petitions to reach the congressionally mandated FY2025 H-1B cap. Over the next few days, USCIS will send non-selection notices to registrants through their online accounts.

12/2/24 AILA Doc. No. 24120239. Business Immigration, H-1B & H-1B1 Specialty Occupation
DOL/BALCA Cases, Practice Resources

Practice Pointer: Best Practices for Documenting an ERP in the PERM Process

AILA's DOL Liaison Committee provides an overview of the procedural requirements for using an employee referral program (ERP) in connection with PERM recruitment efforts based on the BALCA decision in Matter of ZS Associates, Inc.

12/2/24 AILA Doc. No. 24120238. Business Immigration, Labor Certification (Permanent)
Agency Memos & Announcements

USCIS Announces Requirement of Form I-693 to Be Submitted with Form I-485 for Certain Applicants

USCIS announced that it now requires certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485; otherwise, the Form I-485 may be rejected.

12/2/24 AILA Doc. No. 24120236. Adjustment of Status
Practice Resources

Practice Alert: Summary of PERM ETA Form 9089 Technical Enhancements

The AILA DOL Committee provides a list of technical enhancements that DOL has made to the PERM ETA Form 9089 in the FLAG system.

12/2/24 AILA Doc. No. 24120235. Business Immigration, Labor Certification (Permanent)
Federal Court Cases

District Court Enjoins DOL from Implementing Certain Parts of New Final Rule on H-2A Program

The district court enjoined and restrained DOL from implementing, enacting, or enforcing certain parts of its 4/29/24 final rule that made numerous changes to the H-2A program. The injunction is effective in Kentucky, Alabama, Ohio, and West Virginia. (Barton, et al. v. DOL, et al., 11/25/24)

12/2/24 AILA Doc. No. 24120234. Business Immigration, H-2A Agricultural Worker
Examples & Questions, Practice Resources

Practice Alert: Defensive Asylum Biometrics Processing Update

AILA was informed that USCIS is currently processing biometrics requests for defensive asylum applications filed in September 2024. Submit any examples for cases submitted prior to this date that have an upcoming hearing, but have not received a biometrics notice.

12/2/24 AILA Doc. No. 24120233. Asylum
Practice Resources

Family Section Newsletter, November 2024

Read the November 2024 edition of the monthly newsletter brought to you by the members of the Family Section Steering Committee.

Practice Resources

Practice Alert: Visa Bulletin Cutoff Dates and Filing Adjustment Applications for Certain Immigrant Visa Preference Categories

AILA reminds members that a foreign national’s priority date must be prior to the cutoff date listed in the Visa Bulletin for the relevant immigrant preference category in order for the USCIS to accept the adjustment application.

Agency Memos & Announcements

DOL Announces Decommissioning of Legacy PERM Online System

DOL announced that the legacy Permanent Online System, which provided public access to permanent labor certification applications and final determinations, was fully decommissioned effective 12/1/24. See full notice for how to access applications submitted in the legacy PERM system.

12/2/24 AILA Doc. No. 24120231. Business Immigration, Labor Certification (Permanent)
Immigration News

Daily Immigration News Clips – December 2, 2024

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on December 2, 2024.

12/2/24
Immigration News

Daily Immigration News Clips – November 27, 2024

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 27, 2024.

11/27/24
Agency Memos & Announcements

DHS and DOL Announce 64,716 Additional H-2B Visas for FY2025

DHS and DOL will make an additional 64,716 H-2B temporary nonagricultural worker visas available for FY2025. Roughly 44,700 of the supplemental visas will be for returning workers and 20,000 will be for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras.

11/27/24 AILA Doc. No. 24112701. H-2B Temporary Worker
FR Regulations & Notices

USCIS Notice Designating Lebanon for TPS

DHS announces the designation of Lebanon for Temporary Protected Status (TPS) for 18 months. This allows Lebanese nationals (and individuals without nationality who last resided in Lebanon) who have been continuously residing in the U.S. since 10/16/24 to apply for TPS. (89 FR 93641, 11/27/24)

FR Regulations & Notices

ICE Notice for Employment Authorization for Lebanese F-1 Students

DHS is temporarily easing regulations for F-1 students from Lebanon due to the economic crisis, allowing work authorization, extended hours, and reduced course loads while maintaining F-1 status, effective from 11/27/24 to 05/27/26. (89 FR 93634, 11/27/24)

11/27/24 AILA Doc. No. 24112602. Students & Schools
Agency Memos & Announcements

DOL and EEOC Announce Webinar for H-2A and H-2B Filers on Anti-Discrimination Compliance

The U.S. Department of Labor, in partnership with the EEOC, will host a webinar on 12/9/24, for H-2A and H-2B filers to discuss their responsibilities under anti-discrimination laws. The session will cover federal compliance, unlawful practices, and enforcement procedures.

11/27/24 AILA Doc. No. 25112700. H-2A Agricultural Worker, H-2B Temporary Worker
AILA Announcements

Family Section Quarterly Call (December 2024)

Join the AILA Family Section on December 13, 2024, for a discussion on advanced I-864 issues, including exemptions, domicile requirements, income qualifications, managing client expectations regarding RFEs, and enforcement strategies.

Practice Resources

AILA Family Section FAQs

AILA’s Family Section provides updated family immigration FAQs covering I-751 petitions, I-129F petitions, the Cuban Adjustment Act, the receipt of public benefits by petitioner/sponsor of Affidavit of Support, conversion options of FB2 to FB1, and the 10-year ULP bar.

11/26/24 AILA Doc. No. 24040982. Family Immigration, Family-Based Immigrants, K & V Visas
Immigration News

Daily Immigration News Clips – November 26, 2024

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 26, 2024.

11/26/24
Liaison Minutes

AILA's ICE Liaison Committee Meets with ICE

AILA’s ICE Liaison Committee will meet with ICE on November 21, 2024, to discuss topics related to NTA guidance, the CARECEN settlement, admin closure, transfer of detained clients, confiscation and return of original documents, and more. Read the full agenda and key takeaways.

Correspondence

USCIS Responds to AILA's Request Related to EB-5 Technical and Customer Service Issues

USCIS issued a response to AILA's letter regarding technical and customer service issues related to the EB-5 process, including USCIS case status tool, processing times, FOrm I-526E receipt errors and delays, delays on transfers to the NVC, and more.

11/26/24 AILA Doc. No. 24112601. Business Immigration, EB-5 Investors
Amicus Briefs/Alerts

AILA Submits Amicus Urging En Banc Rehearing on Issue of the Phrase "Single Scheme"

AILA submitted an amicus to the Ninth Circuit urging rehearing en banc on the issue of the phrase "single scheme" and addressing the appropriate standard for a three-judge panel to apply when deciding whether it is bound by circuit precedent that relied on Chevron after Loper Bright.

11/26/24 AILA Doc. No. 24112600. Crimes, Removal & Relief
AILA Announcements

Message to AILA Members on Priorities ahead of the Upcoming Presidential Transition

AILA President Kelli Stump and Executive Director Ben Johnson sent a message to AILA members about the organization's priorities in the final months of the Biden Administration.

11/25/24 AILA Doc. No. 24112510.
Agency Memos & Announcements

DHS Conducts Removal Flight to the People’s Republic of China

On 11/16/24, DHS, through ICE, conducted a charter removal flight to China, returning Chinese nationals without legal status in the U.S. This action underscores ongoing international cooperation to enforce immigration laws, curb smuggling, and reduce irregular migration.

11/25/24 AILA Doc. No. 24112508. Removal & Relief
AILA Blog

Think Immigration: Making Connections through AILA’s Interest Groups

Karen Hill from AILA’s Member Experience Committee encourages AILA members to join Interest Groups, writing that Interest Groups have helped her with “friendships, mentorships, successful lawyering and business-building.”

11/25/24 AILA Doc. No. 24112507.
Agency Memos & Announcements

DHS Announces New COAs for Surviving Spouses and Children of Deceased U.S. Government Employees Abroad

DHS introduced new Classes of Admission (COAs) for surviving spouses and children of deceased U.S. Government employees abroad, granting lawful permanent resident status and employment authorization under the Emergency Security Supplemental Appropriations Act, 2021.

11/25/24 AILA Doc. No. 24112506. Admissions & Border