LexisNexis® Legal Newsroom
USCIS Revises Form G-28

"USCIS has published a revised Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative . The revised form G-28 is part of a final rule that became effective on Jan. 27, 2015. About Form G-28 Attorneys and legal representatives accredited by the Board of Immigration...

AILA Letter to USCIS: Continue to Process H-2B Cases

"AILA sent the following message to USCIS, asking the agency to resume processing of H-2B petitions already filed, and to accept and process H-2B petitions supported by temporary labor certifications issued prior to March 4, 2015. Dear Director Rodríguez: The American Immigration Lawyers...

USCIS: Marooned on ELIS Island?

"If there’s one thing politicians of all stripes can agree on, it’s this: The immigration system is broken. What’s less obvious is the extent to which that’s physically true. An online system that was supposed to automate the processing of green cards and other immigration...

USCIS Resumes H-2B Adjudications; Premium Processing Remains Suspended

"Today, March 17, 2015, the Department of Homeland Security (DHS) will resume adjudications of H-2B petitions, but will continue to suspend premium processing until further notice. Monday, March 16, 2015 the Department of Labor (DOL) filed an unopposed motion to stay the March 4 order of the...

News Excerpts From the April 1, 2015, Bender’s Immigration Bulletin

H-2B Interim Final Rule Expected in April | On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that the DOL lacks authority under the INA to issue regulations in the H-2B program. Perez v...

USCIS Posts Updated L-1B Adjudications Policy for Public Feedback

"U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez today announced the release of an updated policy memorandum on the L-1B nonimmigrant visa classification for workers with specialized knowledge . The memorandum, which clarifies for USCIS officers how L-1B petitioners...

Florida Stable Sues USCIS Over O-1 Visa Denial

"A popular thoroughbred racehorse trainer has accused the U.S. Citizenship and Immigration Services in a D.C. federal court of engaging in “capricious” and “arbitrary” behavior by denying an assistant trainer an extension of his nonimmigrant worker status after previously...

USCIS Shuffles Workload from VSC to CSC

"USCIS recently began transferring some Form I-130, Petition for Alien Relative, cases filed by lawful permanent residents for their eligible family members from the Vermont Service Center to the California Service Center. If your case was transferred, USCIS will send you a notice listing the...

USCIS TRIG Exemption Memo for KDP, PUK

"On December 19,2014, the President signed into law the National Defense Authorization Act for Fiscal Year 2015 (NDAA FY 2015), Public Law (P.L.) 113-291, 128 Stat. 3292 (2014). Section 1264(a)(I) of the NDAA FY 2015 provides that the Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan...

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

ICE Announces Safeguards for Releases of Noncitizens with Convictions | On March 18, 2015, U.S. Immigration and Customs Enforcement announced that it would implement additional safeguards prior to releasing noncitizens with criminal convictions from custody. Under the new policy, the discretionary...

USCIS Delivery Service Error Guidance for FY16 H-1B Cap Filings

"USCIS would like to inform stakeholders about the proper action to take if cap-subject filings for fiscal year 2016 H-1B petitions are mishandled by delivery services. If a petitioner filed an FY16 H-1B cap petition in a timely manner, but received notification from the delivery service that suggests...

USCIS Reaches FY 2016 H-1B Cap

"U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will use a computer-generated process, also...

Grace Period Extended for Prior Versions of Form G-28

"USCIS has extended the grace period for using prior versions of Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative to Friday, May 15. USCIS issued the new, revised version of Form G-28 on March 6, 2015 (edition date: 03/04/2015). As we transition to the new form,...

H-1B News from USCIS

1. USCIS Completes the H-1B Cap Random Selection Process for FY 2016 "U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2015 that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2016. USCIS has also received more than...

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...