| Contents | Vol. 4, No. 6,
March 15, 2010 |
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| The Kazarian case - an end to USCIS unlawful rulemaking? |
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Recently, the Ninth Circuit Court of Appeals once again slapped the USCIS Administrative Appeals Office (AAO) for unlawful rulemaking. In Kazarian v. USCIS, the Ninth Circuit again held that the AAO may not impose rules that cannot be found in existing regulations. |
| To read the full article, click here |
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| Upgrading your EB3 petition to EB2 - some additional thoughts |
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We have published articles previously in this Newsletter concerning upgrading from EB3 to EB2. We have also discussed minimum EB2 requirements, and the problems people have with three year bachelor's degree programs. In this article, we will deal with those individuals who have not been able to upgrade due to having completed three year bachelor's degree programs. |
| To read the full article, click here |
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| Upgrading your EB3 "other worker" petition - some thoughts. |
| Many people are the beneficiaries of EB3 "other worker" petitions. The Visa Bulletin cutoff date for this category has been stuck at or near June 1, 2001 for a very long time. This condition is likely to remain for an even longer time. There are, however, remedies that EB3 "other worker" immigrants should consider. |
| To read the full article, click here |
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| The upcoming H1b filing window |
| With April 1st two weeks off, we are once again dealing with the H1b filing window for the new fiscal year (2011). The USCIS allows employers to file petitions for qualified current and prospective employees up to six months before the start of the proposed H1b employment period. Since the new quota takes effect on October 1st, the earliest employers will be able to file petitions will be April 1st. |
| To read the full article, click here |
| Why are the State Department Visa Bulletin projections no longer valid? |
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In both the October (2009) and January (2010) Visa Bulletins, the State Department's Visa Office offered certain predictions as to future Visa Bulletin cutoff date movement during the balance of this fiscal year. Now, seemingly suddenly, those projections are no longer valid. Many people are puzzled and are asking why this is so? |
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To read the full article,
click here |
| CIR update (March 15, 2010) |
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CIR is at a critical juncture this week. If a bill is not introduced in the Senate this week, the likelihood of anything being passed this year drops to almost zero. While anything is possible, if we don't see legislation introduced before the end of the week, we can take it as granted that there will be no action this year.
To read the
full article,
click here |
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