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Excerpts from the June 1, 2012, Bender’s Immigration Bulletin: ELIS Launches

ELIS Launch On Tuesday, May 22, U.S. Citizenship and Immigration Services (USCIS) launched the initial release of its new electronic immigration system, USCIS ELIS. ELIS is the agency’s first-ever online immigration system created to modernize the process for both filing and adjudicating immigration...

Excerpts From the Oct. 15, 2012, Bender's Immigration Bulletin: 2014 DV Program Opens, More

2014 DV Program Opens The 2014 Diversity Visa Program registration opened at noon on October 2, 2012, and is scheduled to close at noon on Saturday, November 3, 2012. As in past years, applicants must submit entries electronically during this registration period using the electronic DV entry form...

Excerpts from the March 1, 2013, Bender's Immigration Bulletin

Supreme Court: Padilla Did Not Create New Rule: No Retroactive Application to Cases on Collateral Review On February 20, the Supreme Court announced its decision in Chaidez v. United States. The majority of the Court held that the decision in Padilla v. Kentucky, 559 U.S. 356, is not retroactive for...

News Excerpts From the March 15 Bender's Immigration Bulletin

EOIR Releases Statistics for FY2012 The Executive Office for Immigration Review has released its statistical yearbook for fiscal 2012. As expected, the backlog of cases before EOIR continued to grow, with 326,255 pending proceedings before immigration courts and 24,824 pending cases at the BIA at...

News Excerpts From the Jan. 15, 2014, Bender’s Immigration Bulletin

Labor Department to Delay Implementation of BALCA Ruling in Island Holdings | On December 20, 2013, the Labor Department announced that it would seek review of the ruling issued by the Board of Alien Labor Certification Appeals in Matter of Island Holdings LLC , which vacated supplemental prevailing...

News Excerpts From the Feb. 15, 2014, Bender’s Immigration Bulletin

USCIS Issues Guidance on “Reason to Believe” Standard for Provisional Waivers | On January 24, 2014, USCIS issued field guidance for applications for provisional unlawful presence waivers (Form I-601A) filed by individuals with criminal histories. Under federal regulations, noncitizens...

Williams Mullen: For H-1B Employers: How Even a Single Employee’s H-1B Complaint Could Incite a Comprehensive DOL Investigation of Your H-1B Practices

By Mary E. Pivec and Reba M. Mendoza In Greater Missouri Medical Pro-Care Providers, Inc. , ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), a divided U.S. Department of Labor (“DOL”) Administrative Review Board (the “Board”) partially reversed the decision of the Administrative...

News Excerpts From the June 15, 2014, Bender’s Immigration Bulletin

Report Highlights Economic Benefits of Public Defenders in Removal Proceedings A report released in late May by the global consulting firm NERA concluded that the fiscal savings to the government could well offset any costs associated with providing government-funded attorneys to indigent noncitizens...

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...

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...