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USCIS Policy Memo: Qualifying U.S. Work Experience for Special Immigrant Religious Workers

"On April 7, 2015, the U.S. Court of Appeals for the Third Circuit, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), found the regulatory requirements that qualifying work experience gained in the United States must have been acquired in lawful status (herein “lawful...

USCIS Seeks Comments on Proposed Expansion of Eligibility for Provisional Unlawful Presence Waivers

"USCIS is seeking public comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The proposed rule would expand eligibility to all foreign nationals who are statutorily eligible for an immigrant visa and for...

Free USCIS Webinar Today, July 16, 2015, on T and U visas and the Violence Against Women Act (VAWA)

"USCIS invites you to a webinar on Thursday, July 16, 2015, from 2 to 3:30 p.m. (Eastern) on T and U visas and the Violence Against Women Act (VAWA) . This webinar is intended for community-based organizations, social service agencies and advocates. Representatives from our Office of Policy...

USCIS Telecon Today, July 16, 2015, on Post-Injunction Three-Year DACA EADs

"Thursday, July 16, 2015 3 p.m. (Eastern) U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference on Thursday, July 16, 2015 from 3 to 4 p.m. (Eastern). USCIS officials will discuss USCIS’ efforts to secure the return of certain three...

USCIS L-1B RFE Draft Template Open for Comment

"This RFE template reflects the March 24, 2015 version of the L-1B Adjudications Policy Memorandum (PM-602-0111). Stakeholder feedback on the memo is under review by USCIS. The final version of this template will reflect the final version of the memo. ... Comment period ends: 07-31-2015" -...

USCIS Draft Policy Memo on O&P Agents, Sponsors Open for Comment

Updates to the November 20, 2009 Memorandum on Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications DRAFT FOR COMMENT ONLY Posted: 07-16-2015 Comment period ends: 08-13-2015 This draft does not constitute agency policy in any way or for any purpose. -...

USCIS Fact Sheet on Three-Year EADs - Who Is Covered, Who Is Not

Here is a two-page Fact Sheet posted July 15, 2015 including an "If/Then" flow chart and this important note: "This action does not apply to the approximately 108,000 three-year EADs that were approved and mailed by USCIS on or before the February 16, 2015, injunction date and that...

News Excerpts From The Aug. 1, 2015, Bender’s Immigration Bulletin

Report Highlights Lack of Oversight, Vulnerability to Corruption at CBP | On June 29, 2015, a subcommittee of the Homeland Security Advisory Council released a report concluding that U.S. Customs and Border Protection lacks sufficient internal oversight and is vulnerable to corruption from within...

Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC

"On April 9, 2015, the precedent decision Matter of Simeio Solutions, LLC (Simeio) was issued. This decision represents the USCIS position that H-1B petitioners are required to file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing...

USCIS Clarifies Eligibility Requirements for Modifications to the Oath of Allegiance

"Effective July 21, 2015, new guidance ( PA-2015-001 ) in the USCIS Policy Manual clarifies the eligibility requirements for modifications to the Oath of Allegiance . Reciting the Oath is part of the naturalization process. Candidates for citizenship normally declare that they will “bear...

USCIS Proposed Rule: Expansion of Provisional Unlawful Presence Waivers of Inadmissibility

"The Department of Homeland Security (DHS) proposes to expand eligibility for provisional waivers of certain grounds of inadmissibility based on the accrual of unlawful presence to all aliens who are statutorily eligible for a waiver of such grounds, are seeking such a waiver in connection with...

Guidance On H-1B Work Moves Leaves Penalties In Play - Law360

"Guidance on H-1B work site changes issued by U.S. Citizenship and Immigration Services on Tuesday eased a harsh filing deadline but did not shut the door on future punishments for employers who don’t amend petitions based on old moves, forcing attorneys to weigh possible client costs against...

USCIS Policy Memo on CSPA Late Filings, Extraordinary Circumstances

NOTE: Although this PM is dated April 15, 2015, it was posted to the USCIS website on July 29, 2015 . Guidance on Evaluating Claims of “Extraordinary Circumstances” for Late Filings When the Applicant Must Have Sought to Acquire Lawful Permanent Residence Within 1 Year of Visa Availability...

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

USCIS Proposes Expansion of Provisional Waiver Program | On July 22, 2015, U.S. Citizenship and Immigration Services published a proposed rule that would expand eligibility for provisional unlawful presence waivers. Under the proposed rule, provisional waivers would be available for all immigrant...

US Chamber Says USCIS Jumping Gun On L-1B Templates - Law360

Law360, Aug. 3, 2015 - "The U.S. Chamber of Commerce told the U.S. Citizenship and Immigration Services on Friday that it was “disappointed” that the agency released a draft template on applications for L-1B visa petitions before a new policy on the visas for employees with specialized...

Inspector General Finds USCIS Did Not Deliberately Violate Court Injunction

OFFICE OF INSPECTOR GENERAL, Department of Homeland Security, Aug. 13, 2015 - "The Department of Homeland Security Inspector General (DHS OIG) found no evidence that U.S. Citizenship and Immigration Services (USCIS) deliberately violated a U.S. District Court’s preliminary injunction when...

L-1B Adjudications Policy - USCIS Policy Memo, Aug. 17, 2015

"This policy memorandum provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess “specialized knowledge” from their foreign operations to their operations in the United States. It provides consolidated and...

Temporary Protected Status Extended for Haiti

"Secretary of Homeland Security Jeh Johnson has extended Haiti’s designation for Temporary Protected Status (TPS) for an additional 18 months. The extended designation is effective Jan. 23, 2016, through July 22, 2017. Current TPS Haiti beneficiaries seeking to extend their TPS status must...

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...

USCIS Policy Memo: Duran Gonzalez Settlement Implementation (Aug. 25, 2015)

SUBJECT : Additional Guidance for Implementation of the Settlement Agreement in Duran Gonzalez v. Department of Homeland Security—Adjudication of Requests for U.S. Citizenship and Immigration Services (USCIS) Motions to Reopen Certain Consent to Reapply and Adjustment of Status Applications Filed...

Notice of Proposed Settlement & Hearing in 'Reasonable Fear Determination' Class Action: Alfaro Garcia v. Johnson

NOTICE OF PROPOSED SETTLEMENT AND HEARING IN CLASS ACTION INVOLVING DETAINED NON-CITIZENS WHO ARE AWAITING A “REASONABLE FEAR DETERMINATION” ALFARO GARCIA, ET AL. V. JOHNSON, ET AL., Case No. 4:14-cv-01775-YGR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA...

Recent USCIS Policy Manual Updates (July 2015)

POLICY ALERT – Modifications to Oath of Allegiance for Naturalization July 21, 2015 ​U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to clarify the eligibility requirements for modifications to the Oath of Renunciation and Allegiance for naturalization. Technical...

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

BIA Seeks Amicus Briefs on Effect of Moncrieffe on 3rd Circuit Case | On August 26, 2015, the BIA issued a notice requesting amicus briefs regarding whether Jeune v. Attorney General of the United States , 476 F.3d 199 (3d Cir. 2007) [ enhanced opinion available to lexis.com subscribers | Lexis Advance...

CA7 on FOIA, H-1B Stats: Rubman v. USCIS

"H-1B visas allow U.S. companies to hire noncitizen workers with specialized skills. The United States Citizenship and Immigration Services (“CIS”), an agency within the Department of Homeland Security (“DHS”), is responsible for their issuance. David Rubman sent CIS a request...

USCIS Simplifies Immigrant Fee Payment Process

USCIS, Aug. 31, 2015 - "USCIS has simplified the process for paying the USCIS Immigrant Fee online in our electronic immigration system. The revised payment process reduces the amount of information an immigrant must provide to USCIS. Additionally, in response to customer feedback, anyone can now...