H-1B Season for FY-2015 is Approaching

It is mid-January and it is not too early for employers to begin thinking about the preliminary preparation for new H-1Bs for next year.  Applications should be ready to be filed so that they arrive at the Vermont Service Center on April 1, 2014 for employment to begin on October 1, 2014.  As the date approaches, USCIS will likely provide guidance on filing and whether there will be a range of dates like last year.  It appears likely, based on the economy and visa availability during the last two years, that the visa cap will be reached during the initial filing period.  More news to come.

Immigration Reform - Not Dead Yet?

As we enter 2014, there is still a slight glimmer of hope that the 113th Congress may yet address immigration reform.  The Senate passed a comprehensive bill last year, but the House has declined to take up the issue.  Speaker Boehner has recently sent signals that at least certain pieces may be addressed this year.  The New York Times published an interesting article yesterday: http://www.nytimes.com/2014/01/02/us/politics/boehner-is-said-to-back-change-on-immigration.html?_r=0 

I had written off the chances for reform several months ago, but as we approach the 2014 elections, there is apparently renewed interest.  And if there is reform, let's hope that Congress addresses:  family unity, backlogs in processing, H-1B visas and DREAMers.

Ivanov v. Holder - Excellent First Circuit Asylum Decision

In a recent decision, the First Circuit reversed a BIA decision and remanded for further proceedings.  The Court found that the IJ and BIA had erred in finding that the Petitioner's persecution was not "on account of" of his Pentecostal faith.  It was a terrific outcome.  The only disappointing aspect of the case was the  vigorous dissent written by Judge Kayatta, the newest member of the Court.  The dissent found that substantial evidence showed that Petitioner was not persecuted on account of his religion.  The case can be found here: Ivanov v. Holder

Congratulations to Randy Olen and Bob Watt for their terrific work.   

December 2013 Visa Bulletin - EB-2 Retrogression for India

DOS Visa Bulletin for December 2013. The family categories have all moved slightly forward, but India visa preference categories. Employment-based second preference for India retrogresses from 6/15/08 to 11/15/04.

Claros Cantarero v Holder -- new First Circuit gang-related social group case.

New First Circuit case -- no surprise -- a compelling gang related asylum case denied:  Claros Cantarero v Holder,   http://media.ca1.uscourts.gov/pdf.opinions/12-1624P-01A.pdf .  The First Circuit declined to follow the 6th and 7th Circuits in finding that gang members, or former gang members, can constitute a social group.

Interesting (in a bad way) 10th Circuit case

The 10th Circuit just published a case which can be found at Purba v. Holder where it held a removal order is final despite the fact that the BIA remanded to the IJ regarding voluntary departure.  Petitioner waited for the final ruling by IJ before filing the Petition for Review.  The Circuit said it had no jurisdiction.  What would happen if the BIA denied an adjustment and remanded to the IJ for consideration of a CAT application that had not previously been reached?  Should respondent wait until the end, or file with the Circuit despite the ongoing litigation?   

Shutdown over, EOIR and DOL still recovering

As we all know, the government shutdown ended two weeks ago, and the debt crisis was averted.  The immigration courts across the country are still recovering.  http://www.justice.gov/eoir/press/2013/FundingLapseFilingChanges10252013.htm

I know that locally, the Boston Court is still in the process of rescheduling everyone who missed a hearing, filing all the submissions that came in during the shutdown, and scheduling hearings for the all the new Notices to Appear that were filed.  

Users of DOL's iCERT and PERM portals are reporting difficulties getting on the system.  In addition, some LCA's filed before the shutdown have not yet been certified.