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...

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

USCIS Transfers Jurisdiction over Refugee and Asylee Relative Petitions U.S. Citizenship and Immigration Services (USCIS) has begun the transfer of responsibility for processing Form I-730 (Refugee/Asylee Relative Petition) from agency service centers to international field offices. The first phase...

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

USCIS Issues New Guidelines on Credible Fear Interviews On February 28, U.S. Citizenship and Immigration Services issued new guidelines for asylum officers charged with determining whether applicants possess credible fears of persecution or torture in their home countries. According to a memorandum...

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

CBP Launches Website for I-94 and Travel History Retrieval On May 1, 2014, U.S. Customs and Border Protection (CBP) introduced a new website that will allow nonimmigrants in the United States to obtain their I-94 arrival/departure records for any point within the past five years without filing a request...

Georgia's Largest Police Departments Bypass State Immigration Laws

"Three years ago this month Georgia drew national attention when it followed Arizona’s lead and enacted sweeping legislation to drive out immigrants living illegally in the state. The part of the law that has drawn the most attention gives state and local police the option to investigate the...

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

Report Highlights Economic Benefits of Public Defenders in Removal Proceedings A report released in late May by the global consulting firm NERA concluded that the fiscal savings to the government could well offset any costs associated with providing government-funded attorneys to indigent noncitizens...

High Court Splits 5-4 on Part of Child Status Protection Act

Scialabba v. Cuellar de Osorio, 2014 U.S. LEXIS 3991 (June 9, 2014) : The BIA’s textually reasonable construction of the Child Status Protection Act’s ambiguous language was entitled to deference, meaning that an aged-out “child” cannot retain his or her priority date if a new...

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

Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually reasonable construction of the Child Status Protection...

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

Administration Seeks More Special Immigrant Visas for Afghan Nationals | The Obama administration is urging Congress to expand the number of special immigrant visas available to Afghan nationals who assisted the U.S. government and to do so before the end of the summer. Under the Afghan Allies Protection...

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

IRS Adopts New Policy on ITINs | On June 30, 2014, the Internal Revenue Service announced that Individual Taxpayer Identification Numbers will expire only if not used on a federal tax return for five consecutive years. The IRS will not begin deactivating ITINs until 2016 in order to give all interested...

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

New USCIS Director Testifies Before Congress | On July 29, Leon Rodriguez, the new director of U.S. Citizenship and Immigration Services, testified at an oversight hearing before the House Judiciary Committee. Rodriguez became USCIS director on July 9. In his written testimony, available at http...

State Net Capitol Journal: Congress Fails Immigrants – And The States In Which They Live

By Lou Cannon | When a do-little Congress went home without addressing the crisis caused by the flight of thousands of unaccompanied children from Central America across U.S. borders, immense strains were placed on state-supervised programs that provide social services, job training and preventive...

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

Humanitarian Assistance for Nationals of Guinea, Liberia and Sierra Leone in U.S. On August 15, U.S. Citizenship and Immigration Services announced relief measures available to nationals in the United States from those West African countries caught in the throes of the Ebola outbreak. Immigration...