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February 23, 2018

On July 28, 2016 the Fifth Circuit Court of Appeals decided Lugo-Resendez v. Lynch, 831 F.3d 337 (2016), which held for the first time that the 90-day deadline on motions to reopen immigration proceedings is subject to equitable tolling.  Lugo is a remarkable case and a landmark victory for aliens who were ordered removed--sometimes decades ago--for reasons later determined to be invalid.  The problem has been that the only way to reopen a prior removal order is through a motion to reopen, and by statute motions to reopen can only be filed within 90 days of the removal order.  But litigation of key issues moves at a glacial pace.  The court precedents...

February 21, 2018

We are now in the thick of H-1B season.  That means all applications for H-1Bs for fiscal year 2018 (beginning October 1, 2018) are due (received) by USCIS this coming April 2.  It is important not to wait too long to get an application rolling.  March 1 is ideal.  Immigration attorneys will need time to do the following:

1.  Make sure both the employer and the employee understand the H-1B lottery process and the chances of not being selected (and ideally have a backup plan).

2.  Review the job duties and make sure the prevailing wage USCIS will apply will not actually be higher than the wage the employee is to be paid.

3.  Obtain approval...

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