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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...

USCIS Launches myUSCIS Interactive Site

"Your Questions. Our Trusted Answers." - myUSCIS.gov

Update on New and Novel PSGS: USCIS, Apr. 15, 2015

A Washington Times article references a 27-page document on the 'particular social group' (PSG) aspect of asylum adjudications, discussed during an April 23, 2015 Senate Judiciary Committee hearing . The document, dated April 15, 2015 and entitled "Update on New and Novel PSGS" is...

Update to Settlement Agreement in Perez-Olano v. Holder: USCIS

"USCIS and plaintiffs have agreed to a stipulation to the Perez-Olano settlement agreement involving cases in which Special Immigrant Juvenile (SIJ) petitions or SIJ-based applications for adjustment of status were denied, terminated or revoked on or after December 15, 2010 because the applicant’s...

USCIS Completes Data Entry of Fiscal Year 2016 H-1B Cap-Subject Petitions

"USCIS announced May 4, 2015, that it has completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected in our computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, the time frame...

USCIS Asylum Division Document Dump, May 7, 2015

USCIS, May 7, 2015 : Statistical Documents Affirmative Asylum Statistics for January, February, and March 2015 NACARA Statistics for January, February, and March 2015 Credible Fear and Reasonable Fear Statistics - March 2015 Syria Stats (1993 to Q2 FY2015) Credible Fear and Reasonable...

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...

USCIS Chief Takes Responsibility For Injunction Violation: Law360

Allissa Wickham, Law360, May 18, 2015 - " The director of U.S. Citizenship and Immigration Services said on Friday that he accepted responsibility for about 2,000 expanded work permits going out in violation of a court injunction on two of the president's executive action policies, telling a...

USCIS Posts 2 New 'Material Support' Policy Memos; May 8, 2015

PM-602-0112, May 8, 2015 - Implementation of the Discretionary Exemption Authority under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act for the Provision of Certain Limited Material Support PM-602-0113, May 8, 2015 - Implementation of the Discretionary Exemption Authority under Section...

USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses

"USCIS has published information to help eligible H-4 dependent spouses who want to apply for employment authorization under the Employment Authorization for Certain H-4 Dependent Spouses final rule . You can view the information on: The Employment Authorization for Certain H-4 Dependent...

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...

USCIS Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

"On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC , which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H...

USCIS Regulatory Agenda Includes Employment-Based Immigration 'Modernization'

"The Department of Homeland Security (DHS) is proposing to modernize the immigrant visa system by amending its regulations governing the adjustment of status process and employment-based immigration. Through this rule, DHS proposes to allow certain approved Immigrant Petition for Alien Worker (Form...

Nationwide Class Action Lawsuit Filed Over Work Permit Delays: NWIRP v. USCIS

"Plaintiffs challenge Defendants’ policies and practices of unlawfully delaying adjudication of applications for employment authorization and refusing to issue interim employment authorization. ... Individual Plaintiffs seek to represent the following nationwide class: Noncitizens who have...

Employment Authorization for Certain H-4 Dependent Spouses Final Rule in Effect Today, May 26, 2015

USCIS, May 26, 2015 - "Employment Authorization for Certain H-4 Dependent Spouses Final Rule in Effect Today, May 26, 2015 Certain H-4 dependent spouses may now apply for employment authorization under the H-4 rule. On February 24, 2015, USCIS announced that effective today, May 26, 2015, the...

Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed

"Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) for unlawfully delaying the adjudication of their applications for employment authorization...

USCIS Agrees To Pay NY Atty $47K In Fees To End FOIA Fight

Law360, May 29, 2015 - "U.S. Citizenship and Immigration Services has agreed to pay a New York immigration attorney more than $47,000 in attorneys' fees , ending a yearslong fight over Freedom of Information Act requests, according to a court order made available Thursday. U.S. Magistrate...

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

Supreme Court Reverses 8th Circuit in Mellouli Case | By a 7-2 vote, the U.S. Supreme Court ruled for the noncitizen in Mellouli v. Lynch , reversing the Eighth Circuit. The decision is summarized at page 641 [ enhanced opinion available to lexis.com subscribers ] [ lexis.com subscribers may access...

USCIS EB-5 Engagement on Thursday, June 4, 2015

" EB-5 Interactive Series: Expenses that are Includable (or Excludable) for Job Creation U.S. Citizenship and Immigration Services (USCIS) invites you to participate in the second engagement of the informational series “EB-5 Interactive” on Thursday, June 4, from 1 to 2:15 p.m. (Eastern...

USCIS Processing and Executive Action: NFAP

"Analysis and an examination of government documents finds if court action eventually allows President Obama’s executive action to proceed, then it is likely to result in delays for individuals and employers with legal immigrant or temporary visa applications, according to a new report released...

Will USCIS Make Simeio Prospective Only? - Law360

Allissa Wickham, Law360, June 11, 2015 - " The head of U.S. Citizenship and Immigration Services reportedly said this week that the agency may apply a recent Administrative Appeals Office decision on H-1B work site changes prospectively, which could spell relief for employers facing a tough August...

June 11, 2015 is H-2B Petition Final Receipt Date for FY15 Second Half: USCIS

"On June 5, 2015, USCIS announced that it had reopened the congressionally mandated H-2B cap for the second half of FY 2015. USCIS has received a sufficient number of petitions to reach that cap. June 11, 2015 was the final receipt date for new H-2B worker petitions requesting an employment start...

USCIS Interim Memo for Comment - VAWA amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children

"This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers regarding the Violence Against Women Act (VAWA) amendments to the Cuban Adjustment Act (CAA). The amendments provide for continued eligibility for adjustment of status under section 1 of...

USCIS Policy Memo: Updated Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement

"The purpose of this policy memorandum (PM) is to update the guidance previously provided to U.S. Citizenship and Immigration Services (USCIS) personnel in PM-602-0034: Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement, in light of the recent agreement entered into...

USCIS Policy Memo on CSPA Case Holds

"This policy memorandum (PM) rescinds a case hold issued on November 21, 2013, for certain Child Status Protection Act (CSPA) cases impacted by the Scialabba v. Cuellar de Osorio litigation as described in PM-602-0094, “Guidance to USCIS Offices on Handling Certain Family Based Automatic Conversion...