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Agency Memos & Announcements

USCIS Launches Enterprise Change of Address Self-Service Tool

USCIS launched an Enterprise Change of Address (E-COA) self-service tool with which most individuals with a USCIS online account can update their mailing and physical address with USCIS for pending applications, petitions, or requests in a single place.

10/12/23 AILA Doc. No. 23112246.
Agency Memos & Announcements

USCIS Issues Guidance on Extension of Current Exemption for H-2B Workers in Guam and CNMI

USCIS issued updated the Policy Manual to reflect the extension of the current exemption from the temporary need requirement for H-2B nonimmigrant workers on Guam and in the CNMI, as provided in the NDAA for FY2023. The temporary exemption has been extended through 12/30/24.

AILA Doc. No. 23112245. H-2B Temporary Worker
Federal Court Cases

District Court Rules Against Government in Its Denaturalization Lawsuit Against Former MAVNI Soldier

The district court found that the government did not prove by clear and convincing evidence that naturalization or citizenship was illegally procured by the defendant, a former soldier in the Military Accessions Vital to the National Interest (MAVNI) program. (United States v. Wang, 9/29/23)

9/29/23 AILA Doc. No. 23112243. Naturalization & Citizenship
AILA Blog

Think Immigration: Decoding Administrative Processing Delays

Dominique Pando Bucci gives some insights into what the "administrative processing" term means for those in the queue at the Department of State; a webinar on October 12, 2023, will dive into the issue further for interested AILA members.

AILA Public Statements, Memo & Regulatory Comments

AILA Submits Comments on DHS and USCIS Proposed Rule Seeking to Modernize the H-2 Programs

AILA submits comments on the DHS and USCIS notice of proposed rulemaking seeking to modernize the H-2A and H-2B program requirements, oversight, and worker protections as published on 9/20/23.

FR Regulations & Notices

DHS Notice of Special Student Relief for Cameroon

DHS notice of Special Student Relief for Cameroon, effective 12/8/23 through 6/7/25. (88 FR 69939, 10/10/23)

10/10/23 AILA Doc. No. 23112239. Employer Compliance, Students & Schools
Visa Bulletins

USCIS Adjustment of Status Filing Dates for November 2023

USCIS determined that for November 2023, applicants in all family-sponsored preference categories and all employment-based preference categories must use the Dates for Filing chart.

10/9/23 AILA Doc. No. 23112238. Adjustment of Status, Family-Based Immigrants
Visa Bulletins

Visa Bulletin for November 2023

DOS posted the November 2023 visa bulletin. In addition to final action dates and dates for filing, it contains notes on the diversity visa, the scheduled expiration for EB-4 religious workers, and more.

FR Regulations & Notices

Department of the Treasury Notice on Interest Rate for Immigration Bonds

Department of the Treasury notice that for the period beginning 10/1/23 and ending 12/31/23, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. (88 FR 69683, 10/6/23)

10/6/23 AILA Doc. No. 23112235. Detention & Bond
Agency Memos & Announcements

USCIS Provides Filing Tips for Affirmative Asylum Applications

USCIS issued filing tips and notes that it is currently receiving increased numbers of paper-filed Form I-589 that must be rejected because they are incomplete or improperly filed. As such, it provides filing tips to help prevent these rejections.

10/6/23 AILA Doc. No. 23112234. Asylum
Agency Memos & Announcements

CBP Issues Guidance on Family Reunification Parole Processes for Nationals of Colombia, Cuba, El Salvador, Guatemala, Haiti, and Honduras

CBP issued guidance after DHS established Family Reunification Parole for nationals of certain Latin American and Caribbean countries and their qualifying relatives. An Advanced Travel Authorization will be issued by CBP. Qualifying relatives may be of any nationality if other requirements are met.

9/27/23 AILA Doc. No. 23112233. Humanitarian Parole
Examples & Questions

Call for Examples: Edakunni Settlement Processing Delays

Upon monitoring processing for bundled applications and petitions following the Edakunni Settlement, AILA seeks examples of existing pending delays for H-4 and L-2 dependents. Examples are due by 12/9/23.

Practice Resources

Practice Alert: Updated Forms for EOIR’s Recognition & Accreditation Program

As of November 3, 2023, EOIR requires that the new Recognition & Accreditation forms, EOIR-31, EOIR-31A, be used when applying for DOJ recognition of organizations and accredited representatives. EOIR will return applications submitted after November 3, 2023, that do not use the new forms.

11/22/23 AILA Doc. No. 23112232. Removal & Relief
Immigration News

Daily Immigration News Clips – November 22, 2023

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 22, 2023.

11/22/23
Agency Memos & Announcements

DHS Announces Resumption of Removals of Venezuelans

DHS announced that it will resume direct repatriations of Venezuelan nationals who do not have a legal basis to remain in the United States.

AILA Doc. No. 23112231. Removal & Relief
Liaison Minutes

AILA’s DOS Liaison Committee Meets with DOS

AILA’s DOS Liaison Committee provides key takeaways, Q&As, and the agenda from its liaison meeting with DOS on October 5, 2023.

10/5/23 AILA Doc. No. 23100305. Consular Processing
Practice Resources

Practice Alert: I-730 Processing and Incorrectly Assessed Fees for Afghan Petitions

AILA’s DOS Liaison Committee provides an updated alert concerning consular selection for Afghan immigrant visa cases, acceptance and processing of I-730 petitions out of the U.S. Embassy in Islamabad, and incorrectly assessed immigrant visa fees for Afghan immediate relative petitions.

11/21/23 AILA Doc. No. 23101905. Asylum, Consular Processing
Cases & Decisions, Federal Court Cases

Asylum Cases on Relocation

This issue-specific page lists published asylum cases that relate to the applicant’s ability to relocate. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.

11/21/23 AILA Doc. No. 13010149. Asylum
Cases & Decisions, Federal Court Cases

Asylum Cases on Political Opinion

This issue-specific page lists published asylum cases that relate to persecution on account of political opinion. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.

11/21/23 AILA Doc. No. 13010147. Asylum
AILA Public Statements, Correspondence

AILA and the Council Seek Information on the Family Expedited Removal Management (FERM) Program

AILA and the American Immigration Council filed a FOIA request to obtain documents related to ICE and CBP’s implementation of the Family Expedited Removal Management Program (FERM).

11/21/23 AILA Doc. No. 23112106. Asylum, Removal & Relief
AILA Public Statements, Correspondence

AILA, AIC, and ACLU Lead Sign-On Letter Detailing Continued Barriers to Attorney Access in ICE Immigration Detention Facilities

AILA, AIC, and the ACLU lead over 80 organizations in a letter to ICE detailing continued barriers to attorney access in immigration detention facilities and provide recommendations on how to better facilitate critical communications between counsel and detained individuals.

11/21/23 AILA Doc. No. 23112102. Detention & Bond, Removal & Relief
Policy Brief

Policy Brief: Representing Detained Clients in the Virtual Legal Landscape

AILA and the CAIR Coalition provide a practice advisory that focuses on the challenges unique to the detention context and how best to address some of the key issues to effectively providing remote representation to detained noncitizens.

10/10/23 AILA Doc. No. 23101001. Detention & Bond, Removal & Relief
Immigration News

Daily Immigration News Clips – November 21, 2023

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 21, 2023.

11/21/23
Federal Agencies, Agency Memos & Announcements

USCIS Provides Updated TRIG Statistics from FY2019-FY2023

USCIS provided TRIG exemptions granted by fiscal year and exemption type for FY2019 through FY2023, as well as TRIG exemptions granted by fiscal year and application type for FY2019 through FY2023.

10/23/23 AILA Doc. No. 23112012. Asylum
Examples & Questions

Call for Examples of Bona Fide Determination Findings Made Ahead of Schedule

National Immigrant Justice Center (NIJC), the Michigan Immigrant Rights Center, and Winston & Strawn are preparing a class action complaint about Bona Fide Determination (BFD) delays. If you have any examples, please submit them today.

11/20/23 AILA Doc. No. 23112011. Asylum
Federal Agencies, Practice Resources, Liaison Activity

Practice Alert: Access to Counsel in ICE Detention

This practice alert serves to update AILA members on the recent expansion of the Virtual Attorney Visitation (VAV) program, to share resources for communicating with detained clients, and how to escalate access to counsel issues with ICE.

11/20/23 AILA Doc. No. 22092201. Detention & Bond, Removal & Relief
Featured Issue

Featured Issue: Form ETA-9089 in DOL’s FLAG System

On 6/1/23, DOL officially implemented the new ETA 9089, Application for Permanent Labor Certification, into the Foreign Labor Application Gateway (FLAG) system. AILA’s DOL Liaison Committee provides a compilation resources relevant to this change.

11/20/23 AILA Doc. No. 23071923. Business Immigration, Labor Certification (Permanent)
Agency Memos & Announcements

USCIS Invitation to Webinar on TPS for Cameroon

USCIS invites stakeholders to a webinar on 12/7/23 to discuss the recent TPS extension and redesignation for Cameroon. Questions are due by 11/27/23.

AILA Public Statements, Correspondence

AILA and Coalition Partners Urge Agencies to Extend Visa Interview Waiver Authorities

AILA and partner groups urged DOS and DHS to extend the interview waiver authorities set to expire on December 31, 2023, which allows consular officers to waive in-person interviews for certain nonimmigrant visa applicants and decreased wait times for nearly all visa applicants.

11/17/23 AILA Doc. No. 23112005. Consular Processing
Cases & Decisions, Federal Court Cases

District Court Halts Administrative Proceedings in DOJ Lawsuit Alleging That SpaceX Discriminated Against Asylees and Refugees in Hiring

Granting in part the plaintiff’s motion for a preliminary injunction, the court found that INA §274B proceedings are unconstitutional because the Attorney General is not allowed to review OCAHO ALJs’ decisions. (United States v. SpaceX, 11/8/23)

11/8/23 AILA Doc. No. 23112000. Asylum, Employer Compliance
Examples & Questions

Call for Examples: Problematic RFEs Related to Form I-864 for Adjustment Cases

AILA has monitored a problematic RFE trend related to Form I-864. In order to fully understand the scope of the issue, AILA’s USCIS Case Assistance and HQ (Benefits Policy) Committees request examples, including supporting documentation filed in relation to this form. Submission deadline: 12/01/23.

11/20/23 AILA Doc. No. 23111732. Adjustment of Status
Examples & Questions

Call for Examples: Experiences with the New USCIS Online Tools

AILA seeks examples and feedback of experiences with the new Online Service Tools, including online biometrics rescheduling, online field office appointment request, text ahead, and online change of address.

11/20/23 AILA Doc. No. 23102001.
Immigration News

Daily Immigration News Clips – November 20, 2023

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 20, 2023.

11/20/23