AILA Blog
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
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
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)
Cases & Decisions, Federal Court Cases
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)
Immigration News
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
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
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).
AILA Announcements
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
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
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 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)
Practice Resources
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.
AILA Announcements
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
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
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
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.
Featured Issues
Use this page to view AILA resources on how members and others can prepare for a second Trump Administration.
12/3/24
AILA Doc. No. 24110804.
Adjustment of Status, Admissions & Border, Asylum, Business Immigration, Consular Processing, Employer Compliance, Family Immigration, Practice Management, Prosecutorial Discretion, Removal & Relief, Waivers, Well-Being
Agency Memos & Announcements
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
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.
Liaison Minutes
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.
Immigration News
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
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.
AILA Blog
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
AILA shares the key takeaways from our member roundtable held on Nov. 15, 2024, about preparing for family immigration during a second Trump Administration.
Agency Memos & Announcements
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.
DOL/BALCA Cases, Practice Resources
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.
Agency Memos & Announcements
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.
Practice Resources
The AILA DOL Committee provides a list of technical enhancements that DOL has made to the PERM ETA Form 9089 in the FLAG system.
Federal Court Cases
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)
Examples & Questions, Practice Resources
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
Read the November 2024 edition of the monthly newsletter brought to you by the members of the Family Section Steering Committee.
Practice Resources
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 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.
Immigration News
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
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 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.
FR Regulations & Notices
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
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)
Agency Memos & Announcements
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.
AILA Announcements
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’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.
Immigration News
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 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 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.
Amicus Briefs/Alerts
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.
AILA Announcements
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
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.
AILA Blog
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 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.
Litigation Resources, AILA Announcements
Join AILA's Federal Court Litigation Section Steering Committee and Board of Governors on December 11, 2024, for a town hall roundtable discussing expectations and preparation strategies for federal court litigation under a second Trump Administration.
11/25/24
Adjustment of Status, Admissions & Border, Adoption, Asylum, Business Immigration, Cancellation, Suspension & 212(c), Child Status Protection Act (CSPA), Congress, Consular Processing, Crimes, DACA, Deferred Action, Detention & Bond, E Treaty Categories, EB-1, EB-5 Investors, Employer Compliance, Ethics, Expedited Removal, Family Immigration, Family-Based Immigrants, Global Migration, H-1B & H-1B1 Specialty Occupation, H-2A Agricultural Worker, H-2B Temporary Worker, Humanitarian Parole, I-360 Religious Workers, K & V Visas, L-1 Intracompany Transferee, Labor Certification (Permanent), LGBTQ, National Interest Waivers, Naturalization & Citizenship, O & P Visas, Physicians & Healthcare, Practice Management, Prosecutorial Discretion, Provisional Waivers, R Religious Workers, Removal & Relief, Special Immigrant Juveniles, Students & Schools, T & U Status, Temporary Protected Status & Deferred Enforced Departure, TN Professionals, Unaccompanied Children, VAWA, Waivers, Well-Being