Updates to the Board of Immigration Appeals Practice Manual

AILA reports the below updates to the Board of Immigration Appeals practice manual as per email from Department of Justice to the stakeholders.

  • Parties must limit the body of their briefs or motions to 25 pages. Parties may make a motion with the BIA to increase the page limit. (BIA Practice Manual page 40; Chapter 3.3(c)(iii)).
  • Briefing extensions are generally limited to one request per case of 21 days. Briefing extension requests must be received by the BIA by the brief’s original due date or they will not be granted. Until the request is granted by the BIA, the original deadline remains in effect. (BIA Practice Manual page 65; Chapter 4.7(c)).
  • All parties have an ethical obligation to avoid delay. The BIA’s deadlines are designed to provide ample opportunity for filing, and a conscientious party should be able to meet these deadlines. (BIA Practice Manual page 65; Chapter 4.7(c)).

 

Source: AILA Doc. No. 18101971 | Dated October 19, 2018

Lawsuit filed for fighting a specialty occupation denial

American Immigration Council filed a lawsuit on behalf of a large construction company against USCIS which denied the H-1B (EXTENSION) case for one of its employee citing that the job was not a specialty occupation.

Specifically, the denial stated that “Engineering” which the petitioner stated as required is too broad and denied the case. This case Shandilya et al. v. USCIS filed on  10/16/18 on behalf of Anubhav Shandilya and Balfour Beatty Construction LLC based in Dallas seeks to vacate the denial of the petition.

We will be watching this case to see how the court interprets specialty occupation in this context.

News USCIS Policy for MEDICAL EXAMS for I-485 Adjustment of Status

As per the new policy, which goes into effect on Nov. 1, 2018, applicants are required to submit a Form I-693 ( also known as MEDICALS for Adjustment of Status) that is signed by a civil surgeon no more than 60 days before filing the underlying application (I-485 Adjustment of Status) for an immigration benefit.

Further,  the medicals would remain valid for a two-year period following the date the civil surgeon signed it. As such, USCIS is retaining the current maximum two-year validity period of Form I-693, but calculating it in a different manner to both enhance operational efficiencies and reduce the number of requests to applicants for an updated Form I-693.

USCIS – Texas Service Center moving to Irving

 

Texas Service Center- TSC (one of the five USCIS service centers – California Service Center, the Nebraska Service Center, the Potomac Service Center, the Texas Service Center, and the Vermont Service Center) will be moving to Irving soon!!

AS per  https://www.uscis.gov/news/news-releases/construction-begins-new-home-uscis-texas-service-center  , U.S. Citizenship and Immigration Services (USCIS), General Services Administration (GSA) and federal contractor Trammell Crow Company and Gensler broke ground  on the future home of the Texas Service Center (TSC) at the northwest corner of President George Bush Turnpike and Beltline Road in Irving, Texas, near Dallas/Fort Worth International Airport.

The TSC will be the sole occupant of the planned 267,000-square-foot building, housing approximately 1,000 employees who currently work in three buildings on two campuses that are 17 miles apart. The consolidation is anticipated to take place in spring 2020, and will help streamline operations as TSC continues to provide prompt and efficient service in processing requests for immigration benefits.