Excerpts from the June 1, 2012, Bender’s Immigration Bulletin: ELIS Launches

ELIS Launch On Tuesday, May 22, U.S. Citizenship and Immigration Services (USCIS) launched the initial release of its new electronic immigration system, USCIS ELIS. ELIS is the agency’s first-ever online immigration system created to modernize the process for both filing and adjudicating immigration...

Excerpts from the Aug. 1, 2012, Bender's Immigration Bulletin: H-2A Sheepherder Reminder, More

H-2A Sheepherder Reminder U.S. Citizenship and Immigration Services reminds workers in the sheepherding industry that the one-time accommodation giving them more time to transition to the three-year limitation-of-stay requirements for the H-2A nonimmigrant classification is scheduled to expire. Sheepherders...

Excerpts From the Sept. 15, 2012 Bender's Immigration Bulletin

CBP Discontinues Stamping I-20s and DS-2019s at POEs As of August 10, Customs and Border Protection no longer provides admission stamps on Forms I-20/DS-2019 for prospective and returning international students and scholars traveling with F, M, or J visas and seeking admission to the United States...

Excerpts from the Oct. 1, 2012, Bender's Immigration Bulletin: 2014 Diversity Visas and More

2014 Diversity Visas Online registration for the DV-2014 Program will begin on Tuesday, October 2, 2012, at 12 noon, Eastern Daylight Time (EDT) (GMT-4), and conclude on Saturday, November 3, 2012, at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4). Please see http://travel.state.gov > Visas >...

President Obama Signs 3-Year Conrad 30 Program Extension for Foreign National Physicians as J-1 Waiver Filing Season Opens October 1 in Many States

By: Sarah J. Baker, Esq. Each year, the H-1B "season," which commences when U.S. Citizenship and Immigration Services (USCIS) begins accepting H-1B visa petitions on April 1 for an October 1 employment start date, receives significant attention. However, there is another much less publicized...

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

USCIS Transitions to Centralized Policy Manual On January 7, U.S. Citizenship and Immigration Services launched its transition to an online policy manual that will ultimately replace the Adjudicator's Field Manual (AFM). According to USCIS Director Alejandro Mayorkas, the change follows an agency...

The Main Limitations of the Provisional Unlawful Presence Waiver Final Rule

By Jordana L. Mosten The provisional unlawful presence waiver will help immediate relatives of U.S. citizens who must leave the country to apply for permanent residency, Jordana L. Mosten, a Skadden Fellow at Public Counsel in Los Angeles and an attorney in the Immigrants' Rights Project, writes...

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...

Excerpts From the July 15, 2013, Bender’s Immigration Bulletin

DHS Begins Implementing Decision on DOMA On Wednesday, June 26, Secretary of Homeland Security Janet Napolitano announced that DHS would immediately begin to implement the Supreme Court decision invalidating section 3 of the Defense of Marriage Act. In a statement, Napolitano said that the provision...

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 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...

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...

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 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 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 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...

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...