Product Description

Recent updates:

• Update: October 2022

  Dear Subscriber:

  Thank you for choosing to keep your copy of MCLE's Immigration Practice Manual current for 2022. Inside this update, you will find materials on topics such as these:

  • Removal. See chapter 18 for a citation to a case decided in May 2022 wherein the Supreme Court held that federal courts of appeals are barred from reviewing factual findings underlying the denial of relief from removal in the forms of cancellation of removal, voluntary departure, adjustment of status, and waivers sought pursuant to 8 U.S.C. § 1182(h) and (i).

  • I-9 compliance; receipt rule. See chapter 29 for new commentary on USCIS's 2021 policy stating that it will consider L-2 and E dependent spouses (but not H-4 dependent spouses) work authorized incident to their status, meaning that these dependent spouses will not need to apply for an EAD to work in the United States. Also see chapter 29 for three areas of the HSI labor exploitation mission.

  • Asylum. See chapter 30 for new information regarding DHS and DOJ rules that are changing the way in which asylum applications of asylum seekers who are subject to expedited removal are processed within the immigration system. The chapter also includes a new practice note guiding the reader on key elements of proving "persecution" in connection with asylum.

  • STEM scholars. See chapter 32 for the Biden-Harris administration's statement with regard to the advancement of predictability and clarity for pathways for international STEM scholars. The update discusses amendments to the USCIS Policy Manual that recognize "the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies."

  • DEI commentary. Please note, also, that with this new edition for 2022, MCLE has incorporated practical commentaries on diversity, equity, and inclusion (DEI), which were contributed by DEI commentators Annelise M. Araujo, Esq., and Stefanie Fisher, Esq., partners of the firm of Araujo & Fisher LLC. Seventeen such commentaries have been added to the chapters of this publication.

  We at MCLE trust that you will find this new edition useful in your immigration practice and valuable in keeping your library current.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 1 expand

Immigration Law: Current Challenges, Volatility, and Hope

Buy Chapter

Prof. Daniel Kanstroom, Esq., Boston College Law School

Exhibit 1A

- Bibliographic References Buy Form

Chapter 2 expand

B-1 Business Visitors and B-2 Visitors for Pleasure

Buy Chapter

Matthew J. Maiona, Esq., Maiona Ward, PC

Exhibit 2A

- Some Useful Resources Buy Form

Chapter 3 expand

E-1 Treaty Traders and E-2 Treaty Investors

Buy Chapter

Aga Asbury, Esq., Ford Murray Law
Jason E. Burritt, Esq., Seyfarth Shaw LLP

Exhibit 3A

- Treaties Containing Trader and Treaty Investor Provisions in Effect Between the United States Buy Form

Exhibit 3B

- Suggested Document Checklist for Applicants Buy Form

Chapter 4 expand

H-1B Specialty Workers

Buy Chapter

Vincent W. Lau, Esq., Clark Lau LLC

Chapter 5 expand

The H-2B Temporary Nonagricultural Workers Visa Process in Massachusetts

Buy Chapter

Allison Mosig, Esq., Pabian Law LLC
Keith Andrew Pabian, Esq., Pabian Law LLC
Nathan D. Riccardi, Esq., Pabian Law LLC

Checklist 5.1

- Considerations for Applying for H-2B Visas Buy Form

Exhibit 5A

- Applicant for Prevailing Wage Determination (Form ETA-9141) Buy Form

Exhibit 5B

- Applicant for Temporary Employment Certification (Form ETA-9142B) Buy Form

Exhibit 5C

- Summary Payroll Report Buy Form

Exhibit 5D

- H-2B Application for Temporary Employment Certification (Form ETA-9142B) – Appendix B Buy Form

Chapter 6 expand

L-1 Intracompany Transferees

Buy Chapter

Rebecca Leavitt, Fragomen, Del Rey, Bernsen & Loewy LLP

Exhibit 6A

- Relevant Legal Authorities Buy Form

Exhibit 6B

- INS Memorandum from Fujie O. Ohata Regarding Definition of Manager, HQSCOPS 20/7.1.8 Buy Form

Exhibit 6C

- INS Memorandum from William R. Yates Regarding Employment Authorization for L-2 Spouses, Buy Form

Exhibit 6D

- Sample Sized Specialized Knowledge RFE Buy Form

Exhibit 6E

- Specialized Knowledge Language from the AAO Decision Buy Form

Exhibit 6F

- INS Memorandum from James A. Puleo Regarding Interpretation of Specialized Knowledge, CO 214L-P (Mar. 9, 1994) Buy Form

Exhibit 6G

- INS Memorandum from Fujie O. Ohata Regarding Interpretation of Specialized Knowledge, HQSCOPS 70/6.1 (Dec. 20, 2002) Buy Form

Exhibit 6H

- Specialized Knowledge Questionnaire Buy Form

Exhibit 6I

- Sample Internal Organizational Chart 1 Buy Form

Exhibit 6J

- Sample Internal Organizational Chart 2 Buy Form

Chapter 7 expand

Extraordinary Ability (O-1 Status) and Accompanying Aliens (O-2 Status)

Buy Chapter

Eileen F. Morrison, Esq., Law Office of Eileen Morrison

Exhibit 7A

- Address Index for I-129 O and P Consultation Letters Buy Form

Chapter 8 expand

Temporary and Permanent Religious Workers Under the Immigration and Nationality Act

Buy Chapter

Annelise M. Araujo, Esq., Araujo & Fisher
Stefanie Fisher, Esq., Araujo & Fisher

Exhibit 8A

- Sample Form I-360 Attestation - Special Immigrant Religious Worker Buy Form

Exhibit 8B

- Sample Form I-129 Petition for a Nonimmigrant Worker-R1 Supplement Buy Form

Chapter 9 expand

Relief Under the Violence Against Women Act

Buy Chapter

Amy M. Wax, Esq., Law Office of Amy M. Wax, PC

Exhibit 9A

- Useful Resources -Relief Under the Violence Against Women Act Buy Form

Chapter 10 expand

Trade USMCA (TN) Nonimmigrants

Buy Chapter

Magaly Rojas Cheng, Esq., Clark Lau LLC

Exhibit 10A

- Legacy INS Memoranda Regarding Software Engineers Buy Form

Exhibit 10B

- Legacy INS Memorandum Concerning the Use of Scientific Technology Buy Form

Exhibit 10C

- 69 Fed. Reg. 197 (Oct. 13, 2004) Buy Form

Chapter 11 expand

Change of Status

Buy Chapter

Harvey Zeytuntsyan, Esq.,

Exhibit 11A

- Period of Stay - Change of Status Buy Form

Exhibit 11B

- Travel After Filing for a Change of Nonimmigrant Status Buy Form

Exhibit 11C

- Request for Guidance - "Last Action Rule" Buy Form

Chapter 12 expand

Permanent Residence for Aliens of Extraordinary Ability in the Sciences, the Arts, Education, Business, or Athletics

Buy Chapter

Eileen F. Morrison, Esq., Law Office of Eileen Morrison

Exhibit 12A

- Policy Memorandum Buy Form

Exhibit 12B

- Request for Evidence Template Buy Form

Chapter 13 expand

Outstanding Professors and Researchers

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William L. Coffman, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC

Checklist 13.1

- Checklist for Status as an Outstanding Professor or Researcher Buy Form

Exhibit 13A

- Policy Memorandum - Outstanding Professors and Researchers Buy Form

Chapter 14 expand

Employment-Based Priority Workers: Immigrant Multinational Executives and Managers

Buy Chapter

Madeline C. Cronin, Esq., Iandoli, Desai & Cronin, PC

Exhibit 14A

- Form I-140 (Immigrant Petition for Alien Workers) Buy Form

Exhibit 14B

- Form I-485 (Application to Register Permanent Residence or Adjust Status, First Page Only) Buy Form

Exhibit 14C

- Form I-797 (Sample Notice of Approval) Buy Form

Chapter 15 expand

Anatomy of ETA Form 9089: An Item-by-Item Dissection

Buy Chapter

Prasant D. Desai, Esq., Iandoli, Desai & Cronin, PC

Exhibit 14D

- April 2022 Issue of Department of State Visa Bulletin, Select Pages Only Employment-Based Buy Form

Exhibit 15A

- Comparison of SVP and O*Net Guidelines for Education and Experience Requirements Buy Form

Exhibit 15B

- Impact of Job Requirements on Wage Levels Buy Form

Chapter 16 expand

Family-Sponsored Immigration

Buy Chapter

Laura H. Buchbinder, Esq.,

Checklist 16.1

- Checklist of Items to Save for Adjustment of Status Petition Buy Form

Checklist 16.2

- Checklist of Items to Save for Affidavit of Support Buy Form

Checklist 16.3

- Checklist of Items to Save for Petition to Remove Conditions on Residence Buy Form

Checklist 16.4

- Checklist of Items to Save for K-1 Fiancé(e) Petition Buy Form

Exhibit 16A

- Form I-485 and Sample Cover Letter Buy Form

Exhibit 16B

- Criminal Record Request Form and Sample Cover Letter Buy Form

Exhibit 16C

- Freedom of Information/Privacy Act Request Form and Sample Cover Letter Buy Form

Exhibit 16D

- 2022 Federal Poverty Guidelines Buy Form

Exhibit 16E

- Petition to Remove Conditions on Residence and Sample Cover Letter Buy Form

Exhibit 16F

- Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of the Marriage Buy Form

Exhibit 16G

- Form I-129F Petition for Fiancé(e) Buy Form

Exhibit 16H

- Glossary of Terms Buy Form

Exhibit 16I

- Bibliography Buy Form

Chapter 17 expand

Special Immigrant Juveniles

Buy Chapter

Nancy J. Kelly, Esq., Greater Boston Legal Services
Anne Mackin, Esq., Greater Boston Legal Services

Exhibit 17A

- Revised Special Immigrant Juvenile Regulations, Part 204 Immigrant Petitions, 8 C.F.R. § 204.11, Effective Apr. 7, 2022 Buy Form

Exhibit 17B

- U.S. Citizenship and Immigration Services Policy Alert No. PA-2022-14, June 10, 2022 Buy Form

Exhibit 17C

- G.L. c. 119, § 39M. Dependency Proceedings for Abused, Neglected and Abandoned Children; Determination of Child’s Best Interest; Petition for Special Findings Buy Form

Exhibit 17D

- In re 17347882, Administrative Appeals Office Decision, May 3, 2022 (Nonprecedent Decision) Buy Form

Exhibit 17E

- Sample Motion for Special Findings Buy Form

Exhibit 17F

- Sample Template for Affidavit of Immigrant Child Buy Form

Exhibit 17G

- Sample Template for Proposed Order in Guardianship (or Other) Proceedings Buy Form

Exhibit 17H

- Complaint for Dependency Form for G.L. c. 119, § 39M Proceeding, Probate and Family Court Form CJ-P 35 Buy Form

Exhibit 17I

- Summons for Complaint for Dependency (Probate and Family Court Form CJ-P 36) Buy Form

Exhibit 17J

- Judgment of Dependency Form for G.L. c. 119, § 39M Proceeding, Probate and Family Court Form CJ-P 37 Buy Form

Exhibit 17K

- Protocol for Complaints and Judgments for Dependency Pursuant to G.L. c. 119, § 39M, Special Immigrant Juvenile Findings, March 2019, Probate and Family Court Form CJP 902 Buy Form

Exhibit 17L

- Completed Sample Complaint for Dependency Form, G.L. c. 119, § 39M, CJ-P 35 Buy Form

Exhibit 17M

- Completed Sample Judgment of Dependency Form for G.L. c. 119, § 39M, CJ-P 37 Buy Form

Exhibit 17N

- Massachusetts Law Reform Institute (MLRI) May 2022 Policy Update: Deferred Action for Special Immigrant Juveniles and Employment Authorization (Printed with MLRI’s Permission) Buy Form

Chapter 18 expand

Board of Immigration Appeals and Federal Court Review of Deportation and Removal Decisions

Buy Chapter

Ashley M. Barkoudah, Esq., Kids In Need of Defense (KIND)

Exhibit 18A

- Sample Notice of Appeal to the BIA Buy Form

Chapter 19 expand

Consequences of Criminal Convictions for the Noncitizen

Buy Chapter

Jennifer Klein, Esq., Committee for Public Counsel Services

Chapter 20 expand

Relief from Removal and Immigration Court Procedures

Buy Chapter

Ashley M. Barkoudah, Esq., Kids In Need of Defense (KIND)
Alexandra Peredo Carroll, Esq., Kids In Need of Defense

Exhibit 20A

- Form EOIR-28 Buy Form

Exhibit 20B

- Boston Immigration Court Pleadings Form Buy Form

Exhibit 20C

- Form EOIR-33, Change of Address Buy Form

Exhibit 20D

- Instructions for Submitting Certain Applications Before the Immigration Court (Revised 8/5/20) Buy Form

Chapter 21 expand

Naturalization—The Final Frontier with the U.S. Citizenship and Immigration Services

Buy Chapter

Eric F. Lockwood, Esq., Clark Lau LLC

Exhibit 21A

- Glossary - Naturalization Buy Form

Exhibit 21B

- Children Born Outside the United States in Wedlock Buy Form

Exhibit 21C

- Children Born Outside the United States Out of Wedlock Buy Form

Chapter 22 expand

Adjustment of Status: An Overview

Buy Chapter

Miki K. Matrician, Esq., Wolfsdorf Rosenthal LLP

Exhibit 21D

- Derivation with Naturalization Buy Form

Exhibit 22A

- Aytes Memorandum Buy Form

Exhibit 22B

- Biometrics Instruction Buy Form

Exhibit 22C

- Sample Visa Bulletin from DOS Buy Form

Exhibit 22D

- Sample Immediate Relative Letter to USCIS Buy Form

Exhibit 22E

- Sample Concurrent I-140/I-485 Letter Buy Form

Exhibit 22F

- USCIS Policy Memorandum PM-602-0122.1 Buy Form

Exhibit 22G

- Sample USCIS Approval Letter Buy Form

Chapter 23 expand

Consular Processing: A Guide to Nonimmigrant and Immigrant Visa Applications at U.S. Consular Posts Applications at U.S. Consular Posts

Buy Chapter

Sapna Annicelli, Esq., Fragomen, Del Rey, Bernsen & Loewy LLP
Alexandra Branzburg, Esq., Fragomen, Del Rey, Bernsen & Loewy LLP

Exhibit 23A

- Photo Specifications for Form DS 160 Buy Form

Chapter 24 expand

Immigrant and Nonimmigrant Visa Options for Professional Nurses

Buy Chapter

Joseph P. Curran, Esq., Curran, Berger & Kludt
Ronald A. Nair, Esq.,

Exhibit 24A

- 2020 National Council Licensure Examination (NCLEX) Buy Form

Chapter 25 expand

International Medical Graduates—Remedies to Cure the Two-Year Flu

Buy Chapter

Mahsa Khanbabai, Esq., Khanbabai Immigration Law

Exhibit 25A

- Massachusetts Department of Public Health Contact Information Buy Form

Chapter 26 expand

The Child Status Protection Act: Protecting Children from "Aging Out"

Buy Chapter

Anthony Marino, Esq., Kids in Need of Defense

Exhibit 26A

- Appendix - Child Status Protection Act Buy Form

Chapter 27 expand

The Reality of "Extreme Hardship" - Winning Techniques and the Online Community Pursuing Waivers of Inadmissibility

Buy Chapter

Lizz Cannon, Esq.,

Exhibit 27A

- Types of Inadmissibility; Corresponding Requirements; Waiver Buy Form

Exhibit 27B

- May 6, 2009, Neufeld Memo Buy Form

Exhibit 27C

- The Order of the Processes - The Reality of "Extreme Hardship" Buy Form

Exhibit 27D

- Criminal Inadmissibilities Buy Form

Exhibit 27E

- USCIS Revised Policy Memo PM-602-0038.1, June 6, 2012 Buy Form

Exhibit 27F

- Parole in Place Buy Form

Chapter 28 expand

U.S. Taxation of Foreign Nationals

Buy Chapter

Andrew D'Aiello, KLR, Ltd.
Catherine A. Findlay, KLR, Ltd.
Kristen Howze,

Exhibit 28A

- Form 1040NR, U.S. Nonresident Alien Income Tax Return Buy Form

Exhibit 28B

- Form 8854, Initial and Annual Expatriation Statement Buy Form

Exhibit 28C

- Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding Buy Form

Exhibit 28D

- W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding Buy Form

Exhibit 28E

- Form 8233, Exemption from Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual Buy Form

Exhibit 28F

- Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b) Buy Form

Exhibit 28G

- Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition Buy Form

Exhibit 28H

- Form W-9, Request for Taxpayer Identification Number and Certification Buy Form

Exhibit 28I

- Form W-7, Application for IRS Individual Taxpayer Identification Number Buy Form

Exhibit 28J

- Form 1040-C, U.S. Departing Alien Income Tax Return Buy Form

Exhibit 28K

- Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts Buy Form

Exhibit 28L

- Form 3520-A, Annual Information Return of Foreign Trust with a U.S. Owner Buy Form

Exhibit 28M

- Form 5471, Information Return of U.S. Persons with Respect to Certain Foreign Corporations Buy Form

Exhibit 28N

- FinCen Form 114, Report of Foreign Bank and Financial Accounts Buy Form

Exhibit 28O

- Form 8938, Statement of Specified Foreign Financial Assets Buy Form

Exhibit 28P

- Comparison of Form 8938 and FBAR Requirements Buy Form

Exhibit 28Q

- Form 8621, Information Return by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund Buy Form

Chapter 29 expand

Current I-9 Employment Verification Procedures, Best Practices for IRCA Compliance, and Preparing for a Government Investigation

Buy Chapter

Shiva Karimi, Esq., McLane Middleton
Ramey D. Sylvester, Esq., McLane Middleton

Exhibit 29A

- Form I-9 Buy Form

Chapter 30 expand

Overview of the Law of Asylum

Buy Chapter

Anita P. Sharma, Esq., PAIR Project

Exhibit 30A

- Sample Affirmative and Defensive Case Checklist Buy Form

Exhibit 30B

- List of Providers - Overview of Law Asylum Buy Form

Exhibit 30C

- Sample Form I-589 Buy Form

Exhibit 30D

- Sample Declaration in Support of Application for Asylum Buy Form

Exhibit 30E

- Sample Medical Affidavit (Text) Buy Form

Exhibit 30F

- Sample Declaration of a Lay Witness Buy Form

Exhibit 30G

- Sample Letter Brief - Overview of Law Asylum Buy Form

Exhibit 30H

- Sample Index for Asylum Application Buy Form

Exhibit 30I

- Immigration Court/Asylum Office/OPLA Contact Information Buy Form

Exhibit 30J

- Sample Complaint Letter to the Asylum Office Buy Form

Exhibit 30K

- Authorization Form Buy Form

Exhibit 30L

- Biometric Instructions Buy Form

Exhibit 30M

- EOIR Pleadings Form Removal Buy Form

Exhibit 30N

- Sample Direct Exam Questions - Overview of Asylum Buy Form

Exhibit 30O

- Motion for Telephonic Testimony Buy Form

Exhibit 30P

- Declaration of Expert Witness Buy Form

Chapter 31 expand

Inspections and Admissions: The Procedure for How Individuals Are Lawfully Admitted into the United States Admitted into the United States

Buy Chapter

Ellen F. Driver-Nyakurimwa, Esq., EDN Immigration Law LLC

Exhibit 30Q

- Sample Direct Exam Questions Medical - Inspections and Admissions Buy Form

Chapter 32 expand

The National Interest Waiver Category

Buy Chapter

Mary E. Walsh, Esq., Iandoli, Desai & Cronin, PC

Chapter 33 expand

Immigration Remedies for Survivors of Crime

Buy Chapter

Julie Ann Dahlstrom, Esq., Boston University School of Law Office of Clinical Programs
Emily B. Leung, Esq., Justice Center of Southeast Massachusetts LLC

Exhibit 31A

- Visa-Waiver Countries Buy Form

Exhibit 33A

- Quick Chart Comparison of T and U Visa Eligibility Requirements and Application Process Buy Form

Exhibit 33B

- Prohibited Purpose: Federal Definitions Buy Form

Chapter 34 expand

Specialty Occupation Treaty-Based Temporary Workers

Buy Chapter

Mi-Rang Yoon, Clark Lau LLC

Exhibit 34A

- Foreign Affairs Manual Notes on E-3 Visas (9 FAM § 402.9-8) Buy Form

Exhibit 34B

- Sample Initiated Labor Condition Application (LCA) Form 9035 Buy Form

Exhibit 34C

- CBP Memo Outlining Differences Between H-1B1 and H-1B Buy Form

Exhibit 34D

- USCIS Policy Manual Chapter 2—Employment-Based Nonimmigrants Buy Form

Exhibit 34E

- Adjudicator’s Field Manual (AFM) Provisions on E-3 Status Buy Form

Exhibit 34F

- Form I-129 with Trade Agreement Supplement Buy Form

Editor(s)

Associate Editor(s)

Author(s)