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Immigration Law

News Excerpts From the Nov. 1, 2014, Bender’s Immigration Bulletin

California Launches Student Loan Program for DREAMers |

In late September, California enacted a bill allowing public universities to provide direct loans to state residents unable to obtain federal loans on account of their immigration status.

Known as the “California DREAM Loan Program,” the initiative will permit students ineligible to receive federally backed student aid—including beneficiaries of the Deferred Action for Childhood Arrivals program—to receive low interest loans beginning in the 2015 school year.

Students who qualify for assistance can receive up to $4,000 in loans per year, for a maximum of $20,000. California previously allowed undocumented students to receive state financial aid in the form of grants and work-study.

The bill, S.B. 1210, was signed on September 28 by Governor Jerry Brown. It was sponsored by State Senator Ricardo Lara.

Northwest Immigrant Rights Project Receives $1.75 Million Gift

On October 9, 2014, the Northwest Immigrant Rights Project announced the receipt of a $1.75 million gift from a Seattle couple designed to expand the organization’s impact through Washington State. The gift was made by Jeannie Berwick, one of the founders of NWIRP, and her husband, Jim Degel.

Records Retention: E-Verify, LCAs

U.S. Citizenship and Immigration Services will begin disposing of E-Verify records that are more than ten years old starting January 1, 2015. Employers wishing to retain records created prior to December 31, 2004, must download a historic records report from the E-Verify website before the end of the current calendar year. A fact sheet containing the announcement is reprinted at Appendix A. For guidance on downloading the Historic Records Report, see the “Questions and Answers” and “Instructions for Downloading” on the E-Verify public website (www.dhs.gov/E-Verify).

Labor Condition Applications retained in the old LCA Online System are beyond the retention period of five years from a date of final determination or final action. Therefore, effective October 17, 2014, the LCA Online System located at http://www.lca.doleta.gov has been decommissioned. The OFLC will no longer respond to inquiries to search for records in response to FOIA requests, or provide information for requests for duplicate certifications for LCA applications processed in the LCA Online System, in keeping with the OFLC records schedule.

On July 8, 2013, the National Archives and Records Administration approved OFLC's revised retention schedule. As part of its review and approval process, NARA determined that employer applications for labor certification and supporting documentation, whether retained in paper or electronic form, are temporary records and subject to destruction in accordance with an approved disposition schedule. The OFLC-approved disposition schedule authorizes the retention of records for five years following the date a final determination letter is issued or final action occurs, such as a withdrawn application, subject to an active investigation or litigation hold.

The records NARA identified as permanent records are the annual disclosure data files currently located on the FLC Data Center at http://www.flcdatacenter.com, as well as the quarterly disclosure data files and the OFLC Annual Reports located on the OFLC Performance page at http://www.foreignlaborcert.doleta.gov/performancedata.cfm.

Bender's Immigration Bulletin

[This is an excerpt from the Nov. 1, 2014, issue of Bender's Immigration Bulletin.]

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