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Immigration Blog

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

March 26, 2020|Contributed by: Joseph & Hall P.C.

AILA Doc. No. 20032633 | Dated March 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 its application. The Committee continues to monitor the impact of COVID-19 on DOL operations and on employers.
In light of the COVID-19 national emergency, many H-2A and H-2B employers may not be able to provide full-time employment pursuant to their filed H-2 petitions. In light of these concerns, 

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

March 26, 2020|Contributed by: Joseph & Hall P.C.

AILA Doc. No. 20032631 | Dated March 26, 2020
AILA’s Department of Labor (DOL) Liaison Committee offers the following quick reference with common scenarios and tips to evaluate and consult on the matters discussed below during this unique period in history.
DOL regulations require employers to continue to abide by the labor conditions to which they agreed when filing the H-1B petition. These are the terms set forth in the underlying ETA Form 9035,

USCIS extends closures of all offices and ASC appointments

March 25, 2020|Contributed by: Joseph & Hall P.C.

In an effort to protect our employees and communities, on March 18 USCIS temporarily suspended providing in-person services at all of our offices. Our field offices, asylum offices and Application Support Centers will now remain closed until April 7, unless further extended.
https://twitter.com/USCIS/status/1242878993981898755

ICE Guidance to Schools on F-1 Students and SEVIS during COVID-19

March 25, 2020|Contributed by: Joseph & Hall P.C.

Frequently Asked Questions for SEVP Stakeholders about COVID-19
READ HERE: https://www.ice.gov/sites/default/files/documents/Document/2020/COVID-19FAQ.pdf

Detained Immigration Courts Continue to Operate as Normal

March 24, 2020|Contributed by: Shana D. Velez

The Executive Office for Immigration Review has failed to enact any meaningful changes in light of the COVID-19 pandemic.  While many other parts of the immigration system have made drastic changes to their operations (USCIS canceling all in-person interviews and swearing-in ceremonies and stopping biometrics appointments), EOIR has refused to halt all in-person hearings with detained immigrants.
In an incredible demonstration of solidarity, immigration attorneys, immigration judges and ICE prosecutors banded together to demand a halt to all immigration court proceedings. 

Third Circuit joins a growing number of circuit courts around the country to hold that the Department of Homeland Security (DHS) may no longer rely on a subsequent Notice of Hearing to cure a defective Notice to Appear.

March 2, 2020|Contributed by: Jennifer Wadhwa

On February 26, 2020, the Third Circuit Court of Appeals issued its decision in Guadalupe v. Attorney General of the United States, a case Petitioner brought seeking termination of his removal proceedings because DHS issued him a Notice to Appear (“NTA”) that was deficient for lack of a time, date, and place of his hearing. The government argued that the subsequent Notice of Hearing it issued—a document that provides the individual with the date,

Department of Justice Creates “Denaturalization Section” to Strip Naturalized Immigrants of Citizenship

February 27, 2020|Contributed by: Shana D. Velez

On February 26, the DOJ announced the creation of an official section focused on taking away citizenship from naturalized citizens who allegedly obtained citizenship illegally.
Previous administrations had only focused on revoking citizenship from people who were convicted of terrorism, war crimes, human rights violations or sexual offenses.  Denaturalization was a very rarely used mechanism until now.
The Trump administration had already been giving extra scrutiny to new citizenship applications and now with the creation of this new section,

Two Years Out, Data Shows New Department of Defense Policies’ Impact on Naturalization

February 27, 2020|Contributed by: Zachary New

Data from USCIS over the last two years has demonstrated that two policies issued by the Department of Defense in the first quarter of Fiscal Year 2018 have dramatically reduced naturalizations through the military while massively increasing denial rates.
As background, during a period of hostilities designated by the President, such as the War on Terror that has been in effect since September 11, 2001, individuals serving in the armed forces are granted an expedited track towards naturalization. 

ICE Weakens Already Questionable Detention Standards Leading into the New Year

February 26, 2020|Contributed by: Jennifer Howard

On December 19, 2019, U.S. Immigration and Customs Enforcement (ICE) issued revised National Detention Standards (NDS) for certain “non-dedicated” facilities housing detained immigrants. This is the first time the standards have been updated since they were originally issued in September 2000 by ICE’s predecessor agency, Immigration and Naturalization Service (INS). At present, ICE uses the NDS, in addition its Performance-Based National Detention Standards (PBNDS), last updated in 2011, to govern the many immigration detention facilities used by the agency across the country.

New ICE Detention Standards May Stop Detainee Marriages

January 30, 2020|Contributed by: Aaron C. Hall, Esq.

ICE recently released the 2019 National Detention Standards for Non-Dedicated Facilities, making significant changes to detention standards that had been in place for about two decades.  The revisions lower oversight requirements and strip safeguards meant to ensure adequate medical care.  One change that has gotten less attention is to the policy regarding detainee requests to get married in detention.
Standard 2.10(II)(D) of the new detention standards says that ICE will review and approve detainee marriage requests on a “case-by-case” basis. 

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COVID-19 Update

Effective March 25, 2020, in response to “Stay at Home” orders Joseph & Hall PC is closed to the public and is now conducting nearly all of its operations remotely during the COVID-19 health crisis through April 18th.

We continue to have a limited number of staff in our office to perform basic operations such as assembling and filing petitions, receiving and distributing mail and issuing checks. We are grateful to be in a business that is conducive to remote work and for all of your patience and support.  Our lawyers and paralegals are here to answer the array of questions that continue to arise daily and will keep you informed during these rapidly changing times.  We will hold telephonic or video meetings rather than in-person meetings.  These meetings can be done by SKYPE or Zoom Conference call so that you can continue to interact with your legal team, face-to-face.

We remain committed to delivering outstanding client services.  We do have one important request – please do not come into the office in person for your health and safety and that of our employees.  Please mail or email all documents to our office.  Also, you can make any required payments online at https://vpspay.com/p/3 or make them over the phone by calling 303-297-9171 or by mail.  Please stay healthy!

 

 

 

 

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