Summary of the April 22, 2020 U.S. President’s Proclamation Suspending Entry of certain Immigrants



The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), and suspends the entry of any individual seeking to enter the U.S. as an immigrant who:

      Is outside the United States on the effective date of the proclamation;
      Does not have a valid immigrant visa on the effective date; and
      Does not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date, or issued on any date thereafter that permits travel to the United States to seek entry or admission.

The following categories are exempted from the proclamation:

1.     Lawful permanent residents (LPR)
2.     Individuals and their spouses or children seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (as determined by the Secretaries of State and Department of Homeland Security (DHS), or their respective designees)
3.     Individuals applying for a visa to enter the U.S. pursuant to the EB-5 immigrant investor visa program
4.     Spouses of U.S. citizens
5.     Children of U.S. citizens under the age of 21 and prospective adoptees seeking to enter on an IR-4 or IH-4 visa
6.     Individuals who would further important U.S. law enforcement objectives (as determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees)
7.     Members of the U.S. Armed Forces and their spouses and children
8.     Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification)
9.     Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).

Note –

1.     the proclamation requires that within 30 days of the effective date, the Secretaries of Labor and DHS, in consultation with the Secretary of State, shall review nonimmigrant programs and recommend to the President other appropriate measures to stimulate the U.S. economy and ensure “the prioritization, hiring and employment” of U.S. workers.
2.     The proclamation expires 60 days from its effective date and may be continued as necessary. Within 50 days from the effective date, the Secretary of DHS shall, in consultation with the Secretaries of State and Labor, recommend whether the President should continue or modify the proclamation.

Click This link for White house proclamation

Shortcuts for BALCA appeal


Motion to Remand
A motion to remand may be appropriate when the sole issue in a pending opinion has already been settled in one or more BALCA cases. Before filing the motion, 29 C.F.R. section 18.33(c)(3) requires
A written motion before hearing must state that counsel conferred, or attempted to confer, with opposing counsel in a good faith effort to resolve the motion’s subject matter, and whether the motion is opposed or unopposed.

Motion to Expedite
In limited circumstances, BALCA will process cases out of order for humanitarian reasons or other compelling circumstances. An employer can request a Motion to Expedite after completing the confer/notify requirement to OFLC as cited above.10 Matter of Sunnyvale School District provides a good example of factors considered by BALCA in considering a Motion to Expedite.

Motions for En Banc Review
While not related to the speed of adjudication, another motion to consider is a Motion for En Banc Review. BALCA en banc decisions are binding on OFLC. BALCA is currently considering changes to the procedure by which it grants requests for en banc review. The current procedures are outlined in a memo dated July 19, 2017.12 Either the employer or OFLC can request en banc review. When a request is made, BALCA informs OFLC and the PERM is reopened for the brief period of time it takes BALCA to grant or deny review. Generally, en banc review is considered to ensure uniformity in decisions or if the proceeding involves a question of exceptional importance. Presently, BALCA tends to grant en banc review in a very small number of cases

Recent Memo's that severely impacts employment based Immigration



03/22/2018: AAO Decision of 03/19/2018 Affecting EB-1C Immigrant Seekers Leaving the Foreign Employers for Their Non-immigrant Stay in the United States for Two Years

Courtesy - OH LAW
  • Matter of S-P-, Inc., Adopted Decision 2018-01 (AAO Mar. 19, 2018) clarifies that a beneficiary who worked abroad for a qualifying multinational organization for at least one year, but left its employ for a period of more than two years after being admitted to the United States as a nonimmigrant, does not satisfy the one-in-three foreign employment requirement for EB-1C immigrant classification as a multinational manager or executive. On the same day of March 19, 2018, the USCIS issued a Policy Memorandum adopting this decision as "precedent" binding decision for any future cases. Read on.
  • For the last few years, the number of immigrants using this EB-1C classification has steadily increased, affecting EB-1 immigrant visa numbers backlog for Indians and Chinese. This precedent and binding decision will somehow affect some of them who stay here for two years after their leaving from their employers in their home countries.

Scrivener Error

Below is the extract from USCIS/SCOPS teleconference Agenda dated July 27, 2016 related to Scrivener Error

Although a petitioner may ask USCIS to correct a clerical error, whether the correction will actually be made is based on the totality of the record. (If the request to change the category is denied, note that an amended I-140 can be filed even if the Labor Certification has expired, as long as the original I-140 had been filed during the Labor Certification’s validity period.) Such requests cannot be granted for petitions that have already been adjudicated. For more information, read the USCIS website on “Petition Filing and Processing Procedures for FormI-140.”

Provisional Degree cert. is enough



ACCRAO EDGE (Electronic Database for Global Education) recommends that the Provisional Degree Certificate, offered in India, Pakistan, and Bangladesh, can be accepted as evidence of completing all requirements for the degree in question, the name of the degree, and the date upon which it was approved by the responsible university governing body. 

See the letter here

PARENTAL I-130 & I-485Document Checklist



Note: This list is for U.S. citizens who are petitioning for their foreign parent/s.
q Proof of Petitioner’s Status
o   Birth Certificate (U.S.)
o   Passport (U.S.)
o   Naturalization certificate
q G-325A Biographic Information
o   Petitioner
o   Beneficiary
q Appropriate Photographs (Permanent Residence or “Green Card” style)
o   Two photographs of the USC
o   Two photographs of the foreign parent
o   Photograph instructions at
q Evidence of Parental relationship
o   A copy of your birth certificate showing your name and your parents name
o   A copy of your parents’ civil marriage certificate
o   Copy of your marks card indicating any of your parents name.
o   Copy of your previous passport indicating your parents name.
o   Any other proof showing establishing your parents.

q For Financial support

o   Form I-864 Affidavit of Support
o   US federal tax return for the most recent filing year with copies of any Form 1099 or W-2.
o   US federal tax returns for an additional two years. (if any)
o   Pay stubs for the previous three months.
o   Employment verification letter: The letter must include your full name, salary, job title, and start date. It should be printed on company letterhead, include the address and telephone number of the company, and be signed by an authorized company representative.
q Others

o   Copy of the PARENTS valid passport and any expired passports.
o   Medical exam in a sealed envelope
o   Copies of current and previously issued US visas and other related immigration documentation (e.g., Forms I-797 Approval Notices, Forms I-20 or DS-2019, Employment Authorization Documents, and Forms I-94) or automated Forms I-94 obtained online here.