State Net Capitol Journal: Businesses Suffer From Seasonal Visa Delay

Every year the U.S. State Department issues up to 66,000 seasonal visas to foreign workers under a guest worker program known as H-2B. Those workers man the crab-picking plants in Maryland, the beach resorts in the Carolinas and construction sites and other business operations all across the country...

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

Washington Supreme Court Bars Certain Uses of Immigration Status On July 10, 2013, the Washington Supreme Court updated its legal ethics rules to prohibit attorneys from referring to an individual’s immigration status to intimidate, coerce, or prevent him or her from participating in a civil...

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. 1, 2013, Bender’s Immigration Bulletin

ICE Issues New Guidelines on Use of Solitary Confinement in Immigration Detention Centers: On September 4, 2013, U.S. Immigration and Customs Enforcement issued a directive establishing policy and procedures for the placement of detainees in solitary confinement. Under the new guidelines, detainees...

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 Nov. 1, 2013, Bender’s Immigration Bulletin

Government Shutdown: Impact on I-129 H Visa Extensions and AOS | Via e-Mail on October 18, 2013, USCIS alerted stakeholders that if an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was...

Are You 'Packing?'

Carry what the police carry. No, it's not a firearm, it's the Immigration Law Pocket Field Guide 2014 Edition - A convenient, up-to-date pocket-size summary of the law for immigration officers and other professionals. Only $26! "This latest edition of the Immigration Law Pocket Field Guide...

Williams Mullen: Immigration Fraud Whistleblower Likely to Receive $5M Bounty from Infosys’s $34M False Claims Act Settlement: Is Your Business Immigration Program Prepared for a Similar Whistleblower Attack?

By Mary E. Pivec and John Staige Davis V | On October 30, 2013, Infosys Limited (“Infosys”), an Indian IT company, signed a settlement agreement with the United States in the Eastern District of Texas to resolve allegations that Infosys knowingly presented to employees of the United States...

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

Municipalities Seek Review of Immigration Ordinances at Supreme Court | In late October, the cities of Hazleton, Pennsylvania, and Farmers Branch, Texas, filed petitions at the Supreme Court asking the Justices to review federal appellate court decisions striking down local laws targeting undocumented...

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 Jan. 1, 2014, Bender's Immigration Bulletin

EOIR Issues New Guidance Following Settlement of Asylum Clock Suit | On December 2, 2013, the Office of the Chief Immigration Judge issued two memoranda concerning implementation of the employment authorization “clock” for asylum applicants in removal proceedings. The issuance of the memoranda...

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

Labor Department to Delay Implementation of BALCA Ruling in Island Holdings | On December 20, 2013, the Labor Department announced that it would seek review of the ruling issued by the Board of Alien Labor Certification Appeals in Matter of Island Holdings LLC , which vacated supplemental prevailing...

Williams Mullen: Infosys I-9 Audit Results Likely to Trigger ICE Audits of Computer Consulting Firms

By Mary E. Pivec, Esq. Infosys Limited’s recent $34 million settlement with the U.S. Government resolved the threat of criminal charges against the company based on allegations of visa fraud. For our commentary on the False Claims Act allegations in the Government’s complaint click here...

Prominent Immigration Law Attorney Daniel M. Kowalski Joins National Immigration Law Center’s Board of Directors

Daniel M. Kowalski LOS ANGELES — The National Immigration Law Center (NILC) announces the recent appointment of seasoned immigration law attorney and national expert, Daniel M. Kowalski, to its board of directors. “I am honored to be a part of NILC’s board at such a crucial point...

News Excerpts From The Feb. 1, 2014, Bender’s Immigration Bulletin

EOIR Releases Plan to Protect Detainees with Mental Disorders | The Executive Office for Immigration Review (EOIR) recently released the first phase of a nationwide plan to provide heightened protections for unrepresented detainees with mental disorders. (The document is reprinted at Appendix A ....

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

USCIS Issues Guidance on “Reason to Believe” Standard for Provisional Waivers | On January 24, 2014, USCIS issued field guidance for applications for provisional unlawful presence waivers (Form I-601A) filed by individuals with criminal histories. Under federal regulations, noncitizens...

Williams Mullen: For H-1B Employers: How Even a Single Employee’s H-1B Complaint Could Incite a Comprehensive DOL Investigation of Your H-1B Practices

By Mary E. Pivec and Reba M. Mendoza In Greater Missouri Medical Pro-Care Providers, Inc. , ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), a divided U.S. Department of Labor (“DOL”) Administrative Review Board (the “Board”) partially reversed the decision of the Administrative...

Immigration Law: Raise Your Hand If You Understand It

"These days everyone, no matter her political stripe, apparently despises U.S. immigration law. It's either too enforcement-heavy or too soft; too cruel or too generous to immigrants. But can we pause for a moment to talk about another, very basic problem? Immigration law is almost impossible...

News Excerpts from the March 1, 2014, Bender’s Immigration Bulletin

Federal Judge Certifies Class Action in Mandatory Detention Lawsuit On February 10, 2014, U.S. District Judge Michael Ponsor certified a class consisting of noncitizens in Massachusetts who are challenging their mandatory detention under Section 236(c) of the INA. The class representative, Mark...

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...

The ACA's Impact on LPRs Residing Outside the USA: Endelman & Mehta

"[U]nless the IRS provides more specific guidance, it is not clear at this time whether an LPR who takes the bona fide residence exception for purposes of shielding foreign income can also be deemed to have the minimum essential coverage. LPRs who seek to claim a section 911 type foreign earned...

Ballard Spahr LLP: EB-5 Program Reforms Proposed

By Debbie A. Klis and Ellen Jerrehian Legislation has been introduced in the U.S. House of Representatives to reform and make permanent the EB-5 Immigrant Investor Program (EB-5 Program). The American Entrepreneurship and Investment Act of 2014 (the Act) seeks to provide certainty to investors and...

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...