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Excerpts From the Jan. 1, 2013 Bender's Immigration Bulletin

USCIS Issues Policy Memo on International Filings On November 30, 2012, USCIS issued a final policy memorandum outlining the circumstances in which applicants may file Form I-601 (Application for Waiver of Grounds of Inadmissibility) and any associated Form I-212 (Application for Permission to Reapply...

Excerpts from the March 1, 2013, Bender's Immigration Bulletin

Supreme Court: Padilla Did Not Create New Rule: No Retroactive Application to Cases on Collateral Review On February 20, the Supreme Court announced its decision in Chaidez v. United States. The majority of the Court held that the decision in Padilla v. Kentucky, 559 U.S. 356, is not retroactive for...

Excerpts From the April 1, 2013, Bender's Immigration Bulletin

H1-B Filings: USCIS Anticipates Use of Lottery; Temporary Modification of Premium Processing U.S. Citizenship and Immigration Services announced on March 15, 2013, that it will begin accepting H-1B petitions subject to the FY 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on...

News Excerpts from the April 15, 2013 Bender's Immigration Bulletin

DHS Issues New Rules for Transformation to Electronic Form I-94 On March 27, the Department of Homeland Security issued an interim final rule intended to facilitate the transition of Form I-94 from paper to electronic format at air and sea ports of entry. Form I-94, the ubiquitous document used to...

Excerpts From the May 1, 2013, Bender's Immigration Bulletin

EOIR Releases Information Regarding Mandatory Attorney Registration On April 11, the Executive Office for Immigration Review released instructions and a series of frequently asked questions regarding its new mandatory electronic registry for attorneys and accredited representatives. The instructions...

Excerpts from the May 15, 2013 Bender's Immigration Bulletin

Interim Final Rule Issued on H-2B Prevailing Wages On April 24, 2013, the Department of Labor and the Department of Homeland Security jointly published an interim final rule establishing a new method of calculating prevailing wages under the H-2B program. The new rule was issued in response to...

News Excerpts From the Aug. 1, 2013, Bender’s Immigration Bulletin

Napolitano Resigns as Secretary of Homeland Security On July 12, 2013, Janet Napolitano announced her resignation as Secretary of Homeland Security, a position she has held since the start of the Obama administration. Napolitano will remain in her position until September, after which she will become...

Excerpts From the Sept. 1, 2013, Bender’s Immigration Bulletin

Administration Issues Additional Guidance Following Supreme Court’s DOMA Ruling The State Department and Department of Homeland Security issued further guidance in August on the implementation of the Supreme Court’s ruling in United States v. Windsor , 133 S. Ct. 2675, 2013 U.S. LEXIS...

News Excerpts From the Sept. 15, 2013, Bender’s Immigration Bulletin

ICE Issues Directive Limiting Detention of Parents On August 23, 2013, U.S. Immigration and Customs Enforcement issued a directive intended to limit the detention of parents and other guardians of minor children during removal proceedings and to allow them to participate in legal proceedings relating...

News Excerpts From the Oct. 15, 2013, Bender’s Immigration Bulletin

Administration Revises Policy on False Claims to Citizenship: In a pair of letters sent to Senate Majority Leader Harry Reid (D-Nev.) in late August and early September, the administration confirmed that individuals charged with making false claims to U.S. citizenship can raise as an affirmative defense...

News Excerpts From The Dec. 15, 2013, Bender’s Immigration Bulletin

Federal Judges Required to Provide Immigration Warnings During Plea Stage | Under changes to the Federal Rules of Criminal Procedure that took effect December 1, federal judges are required to advise defendants of potential immigration consequences as part of the standard plea colloquy. The amendment...

News Excerpts From the March 15, 2014, Bender’s Immigration Bulletin

DHS Designates Chile for Visa Waiver Program On February 28, 2014, the Department of Homeland Security announced the entry of Chile into the Visa Waiver Program. Beginning May 1, 2014, Chilean nationals will be able to visit the United States for up to ninety days without obtaining nonimmigrant visas...

News Excerpts From the April 1, 2014, Bender’s Immigration Bulletin

DHS Issues Final Regulations on Sexual Abuse in Detention Centers | On March 7, 2014, the Department of Homeland Security issued a long-awaited set of final regulations applying standards required under the Prison Rape Elimination Act Standards to immigration detention centers. Among other provisions...

News Excerpts From the April 15, 2014, Bender’s Immigration Bulletin

USCIS Clarifies “Reason to Believe” Standard for I-601A Provisional Waivers | On March 18, 2014, USCIS sent an e-mail to stakeholders seeking to cure confusion surrounding the regulation that prohibits the granting of provisional waivers to noncitizens who the agency has “reason...

News Excerpts from the Sept. 15, 2014, Bender’s Immigration Bulletin

DHS Settles Lawsuit over Coerced Voluntary Departures In August, the Department of Homeland Security agreed to settle a lawsuit filed on behalf of nine Mexican citizens alleging they were forced to “voluntarily” depart the country instead of having a hearing before an immigration judge...

News Excerpts From the October 15, 2014, Bender’s Immigration Bulletin

White House Releases Refugee Ceilings for FY 2015 | On September 30, 2014, the White House released a presidential memorandum capping the number of refugee admissions at 70,000 for the upcoming fiscal year and authorizing citizens of some countries to seek refugee status from inside their countries...

News Excerpts From the Nov. 15, 2014, Bender’s Immigration Bulletin

Haitian Family Reunification Parole Program To Begin in 2015 On October 17, 2014, the Department of Homeland Security announced that Haitian beneficiaries of approved family-based immigrant visa petitions may soon be paroled into the United States approximately two years before their priority dates...

News Excerpts From the Dec. 15, 2014, Bender’s Immigration Bulletin

Administration Takes Executive Action on Immigration | On November 20, 2014, Secretary of Homeland Security Jeh Johnson issued a series of memoranda as part of a much-anticipated “executive action” to remedy problems in the nation’s immigration system. A memorandum entitled...

News Excerpts From the Feb. 1, 2015, Bender’s Immigration Bulletin

DHS Weighing Program to Streamline Employment-Based Immigration Requests | On January 15, 2015, the Department of Homeland Security announced the potential launch of a pilot program later this year to streamline adjudications of employment-based immigration requests by known U.S. employers. According...

News Excerpts From The March 15, 2015, Bender’s Immigration Bulletin

DHS Will Provide Work Authorization to Certain H-4 Spouses | The Department of Homeland Security issued a final rule on February 25, 2015, that will soon allow H-4 dependent spouses of certain nonimmigrants with H-1B status to apply for employment authorization documents. For an H-4 dependent spouse...

News Excerpts From the April 1, 2015, Bender’s Immigration Bulletin

H-2B Interim Final Rule Expected in April | On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that the DOL lacks authority under the INA to issue regulations in the H-2B program. Perez v...

News Excerpts From the May 1, 2015, Bender’s Immigration Bulletin

H-2B Applications and Prevailing Wage Requests Continue Through May 15; USCIS Resumes Premium Processing | On April 15, 2015, the federal district court for the Northern District of Florida issued a further order in Perez v. Perez, No 3:14-cv-682 (N.D. Fla., March 4, 2015) permitting the DOL to continue...

News Excerpts From the May 15, 2015, Bender’s Immigration Bulletin

Training Document on Particular Social Groups Made Public | A PowerPoint presentation apparently given to asylum officers at USCIS was made public in late April, providing insight into the agency’s handling of potential claims for asylum based on membership in a particular social group. According...

News Excerpt From the June 1, 2015, Bender’s Immigration Bulletin

USCIS Temporarily Suspends Premium Processing for H-1B Extensions | From May 26, 2015 until July 27, 2015, USCIS will suspend premium processing for all H-1B Extension of Stay petitions. During this period, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for...

News Excerpts From the Sept. 1, 2015, Bender’s Immigration Bulletin

DHS to Enhance Security for Visa Waiver Program| On August 6, 2015, Department of Homeland Security Secretary Jeh Johnson announced the implementation of new security measures for noncitizens seeking to enter the United States under the Visa Waiver Program. Among other changes, travelers will have...