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Immigration Law

Bender’s Immigration Bulletin – March 1, 2011

USCIS Issues Combined EAD/Advance Parole Cards

USCIS announced that it is now issuing employment and travel authorization on a single card for certain applicants filing for adjustment of status.

The new card looks similar to the current Employment Authorization Document, but includes text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an EAD and an advance parole document. Employers may accept the card as a List A document when completing the Employment Eligibility Verification Form.

An applicant may receive this card when he or she files an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485. USCIS will continue to issue separate EAD and advance parole documents as warranted.

USCIS issued a policy memorandum and a Q&A on the new combined card; see Appendices A and B. These documents are also summarized in the Government Documents section of this issue.


Annotated B-1 for Foreign Maritime Workers Applying for TWIC

The Departments of Homeland Security and State have created an annotated version of the B-1 visa that will make foreign maritime workers eligible to apply for a Transportation Worker Identification Credential. The TWIC is a tamper-resistant biometric identification card that maritime workers must obtain in order to gain unrestricted access to secure areas of maritime facilities.

To obtain a TWIC for the performance of their official duties, foreign maritime workers must provide notice of their need for a TWIC to the Department of State upon application for a B-1 visa, along with a letter from their employer indicating that the individual will be required to perform service in secure port areas. Upon receipt of the new TWIC-annotated B-1 visa, each individual will apply separately for a TWIC.

The new process will apply to the approximately 4,000 to 6,000 foreign workers in U.S. ports who are required to have a TWIC for the performance of their duties.

 Container Ship at Port Facilities


EOIR 2010 Statistics Published

The Executive Office for Immigration Review announced the release of its Fiscal Year 2010 Statistical Year Book. The book is a compilation of data on aliens who appeared before an immigration judge or the Board of Immigration Appeals during the previous fiscal year. It examines the data on the alien respondents’ cases by nationality, language, and disposition, and looks into asylum cases. This year’s book includes national pending caseload numbers for the immigration courts. The Year Book is available at FY 2010 Statistical Year Book.


Report on Employers Who Do Not Use E-Verify

USCIS recently released a report titled The Practices and Opinions of Employers Who Do Not Participate in E-Verify presenting the results of a nationwide survey of E-Verify program nonusers. The study was designed to determine why employers do not participate in E-Verify, what factors they want in E-Verify, and what they think about a mandatory program. Unfortunately, the response rate was too low to provide reliable national estimates, so the findings have been treated as a case study, according to the report. The report is available at The Practices and Opinions of Employers Who Do Not Participate in E-Verify.


[This is an excerpt from the March 1, 2011, issue of Bender’s Immigration Bulletin.]

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