On July 27th, 2009, The US Citizenship and Immigration Services ("CIS") released an update in the Federal Register announcing that the Department of Homeland Security ("DHS") will extend TPS for nationals of Somalia from its current expiration date of September 17th, 2009, through March 17th, 2011.

It has been confirmed that citizens of countries removed from the Skills List are no longer subject to the 2-year foreign residence requirement, if they were subject based on the Skills List.

AILF and AILA submitted an amicus brief in support of plaintiffs' motion for class certification in Costelo, et al. v. Chertoff, et al., No. 08-688 (C.D. CA), in which LPR parents seek to enforce CSPA §3 on behalf of their "aged-out" children. The brief argues that Matter of Wang was wrongly decided by the BIA and is not subject to deference.

This Department of State ("DOS") final rule amends the definition of "immediate family" for the Foreign Government Official nonimmigrant visa category. Perhaps this definition may be expanded to other relative petition classifications?

CIS announced that it will resume the premium processing service for nonimmigrant religious worker petitions filed by certain R-1 petitioners in a July 20th 2009 update. A fact sheet follows the update.

The Migration Policy Institute ("MPI") released a July 2009 report titled "The Next Generation of E-Verify: Getting Employment Verification Right." It recommends steps to strengthen the existing E-Verify, as well as the testing of pilots for a next-generation E-Verify system, which would move from an employer-centric to a more employer-neutral model.

A July 2009 Immigration and Customs Enforcement ("ICE") fact sheet addresses when employment under the Cap-Gap Extension functionality in SEVIS is allowed, and explains that the inappropriate termination of some SEVIS records for students eligible for the cap-gap extension is due to a technological interface issue.

On July 14th, 2009, ICE updated its list of Student and Exchange Visitor Program approved schools.

Guidance for employers regarding E-Verify from the Office of Special Counsel for Immigration-Related Unfair Employment Practices, ("OSC").

Please contact our office if you would like additional anti-discrimination information related to employment practices from the DOJ, Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC").

ICE has released a PowerPoint presentation titled "Worksite Enforcement Program: The New Form I-9 and the Importance of a Comprehensive Immigration Compliance Model," which ICE uses in trainings for employers who are interested in the IMAGE program.

For a Copy of this PowerPoint Presentation, please feel free to contact our office.

The New Jersey Supreme Court sent a message to trial judges recently that a non-citizen's guilty plea to a serious crime felony will be vacated if the defendant was not made aware that it will result in Removal. The Court also ordered that the standard plea form be amended to make it clear to defendants, especially those who do not speak English, that Removal is a certainty for crimes considered aggravated felonies under federal law. The Court in State v. Nunez-Valdez, A-46-08, vacated a Dominican Republic native's guilty plea to fourth-degree criminal sexual contact, where it appeared the defense attorney assured him that Removal was unlikely.

"The lead Democrat steering an immigration overhaul through the Senate said Wednesday he expects to have a Bill ready by Labor Day that is more generous to highly skilled immigrant workers than those who are lower skilled and is tough on future waves of illegal immigration."