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Immigration Law

News Excerpts From the May 15, 2016, Bender’s Immigration Bulletin

USCIS Finishes Data Entry for Cap-Subject H-1B FY17 Applications |

 

USCIS announced on May 2 that it has finished data entry for cap-subject H-1B petitions. It will begin returning those not chosen in the lottery. Some petitions are being transferred from the Vermont Service Center to the California Service Center.

There are too many for the agency to give a timeline. Petitioners and attorneys are asked to wait to hear from the agency before writing to it.

Report Finds DHS Followed Procedures in Issuing STEM OPT Extension Rule

On April 6, 2016, the Government Accountability Office issued a report finding that DHS complied with procedural requirements in issuing a new rule allowing certain students with degrees in science, technology, engineering, and mathematics to extend their period of optional practical training OPT by twenty-four months. The report found that DHS conducted a cost-benefit analysis, considered the impact of the rule on small businesses, and in 2015 published a notice of proposed rulemaking in the Federal Register. DHS had issued the extension as an interim final rule in 2015, but a federal court held that the department was required to seek notice and comment prior to promulgation.

FOIA Case Yields $11,000 in Attorney’s Fees

On March 31, 2016, a federal judge in Washington, D.C., awarded nearly $11,000 in attorney’s fees following a partial victory in a suit filed under the Freedom of Information Act. The plaintiff, an asylum applicant from Ethiopia, filed suit to obtain a copy of the notes and assessment of the asylum officer who referred to an immigration judge. The suit resulted in the disclosure of the asylum officer’s notes and a portion of the assessment. The attorney is David Cleveland of Catholic Charities of Washington, D.C. The case is No. 13-1566, Abtew v. Department of Homeland Security.

BIA Amends Decision

 On May 2, 2016, the BIA issued an amended decision in Matter of Adeniye, 26 I. & N. Dec. 726 (2016), to correct a mistake as to where the case arose and to add case references.

 Bender's Immigration Bulletin

[This is an excerpt from the May 15, 2016, issue of Bender's Immigration Bulletin.]

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