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EB-1 Backlog Continues for Fiscal Year 2019 849 565 Candice Garrett
  • Candice Garrett

EB-1 Backlog Continues for Fiscal Year 2019

The EB-1 visa backlog remains unprecedented in scope. Note, this category includes EB-1A, Extraordinary Ability; EB-1B, Outstanding Professors and Researchers; and, EB-1C, Intracompany Transferees serving in a managerial or executive capacity. The backlogs are particularly acute for those born in India and China. During a recent meeting with the American Immigration Lawyers Association (AILA), Charles…

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Delay in naturalization applications leads to litigation, Congressional inquiry 1000 559 Amy Lenhert
  • Amy Lenhert

Delay in naturalization applications leads to litigation, Congressional inquiry

The number of Applications for Naturalization submitted to the United States Citizenship and Immigration Services (USCIS) went up by 25% from 2013 to 2017, and then saw a decline in 2018. The significant jump in the number of applications in 2016 alone contributed to a backlog in processing naturalization (N-400) applications. However, despite the fact…

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Litigating H-1B denials in the “Buy American and Hire American” era 3423 2743 Amy Lenhert
  • Amy Lenhert

Litigating H-1B denials in the “Buy American and Hire American” era

In April 2017, President Trump issued an immigration-related executive order that has garnered significantly less attention than the “Travel Ban” order directed at restricting immigration from majority Muslim countries.  However, the “Buy American and Hire American” executive order (also called “BAHA”) has notably impacted the legal immigration system.  The stated objective of the BAHA order…

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Going to Tijuana to Uphold U.S. Law and International Law on Asylum 960 678 Helen A. Sklar
  • Helen A. Sklar

Going to Tijuana to Uphold U.S. Law and International Law on Asylum

Since the 1980s, countless Central Americans have made the difficult decision to leave family, home and community, risking life and limb journeying across Mexico in hopes of reaching the safety of the United States.  The principal sending countries are El Salvador, Honduras, and Guatemala, known collectively as the Northern Triangle of Central America.  It is…

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Effective Use of the Freedom of Information Act 2000 1000 Helen A. Sklar
  • Helen A. Sklar

Effective Use of the Freedom of Information Act

A brief history of FOIA Signed into law in 1967, the Freedom of Information Act (FOIA) was heralded as an iconic achievement on behalf of governmental transparency.  In light of the current attacks on the media and press freedom, it is worthwhile to remember that FOIA was enacted for the stated purpose of implementing “a…

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Immigration Consequences of Crimes: State of California Law Designed to Ensure Defendants are Meaningfully Informed 2287 1477 Taiyyeba Safri Skomra
  • Taiyyeba Safri Skomra

Immigration Consequences of Crimes: State of California Law Designed to Ensure Defendants are Meaningfully Informed

The California legislature has a long history of enacting laws intended to protect immigrants from deportation based on state crimes. For example, since 1978, California has required judges to warn all defendants before accepting a plea of guilty or no contest that, for non-citizens, conviction could result in deportation or denial of naturalization.[1] The California…

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The Travel Ban Waiver: A Real Adjudication or Mere Window Dressing? 768 604 Lincoln Stone
  • Lincoln Stone

The Travel Ban Waiver: A Real Adjudication or Mere Window Dressing?

In a February decision, a judge of the US District Court (Northern District of California) decided that a lawsuit filed on behalf of litigants challenging the “Travel Ban” could proceed over the government’s objection.  The case, Emami v. Nielsen, is filed as a class action that could have far-ranging impacts. The Travel Ban, first issued…

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