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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...

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...

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...

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...

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

Supreme Court Reverses 8th Circuit in Mellouli Case | By a 7-2 vote, the U.S. Supreme Court ruled for the noncitizen in Mellouli v. Lynch , reversing the Eighth Circuit. The decision is summarized at page 641 [ enhanced opinion available to lexis.com subscribers ] [ lexis.com subscribers may access...

News Excerpts From The Aug. 1, 2015, Bender’s Immigration Bulletin

Report Highlights Lack of Oversight, Vulnerability to Corruption at CBP | On June 29, 2015, a subcommittee of the Homeland Security Advisory Council released a report concluding that U.S. Customs and Border Protection lacks sufficient internal oversight and is vulnerable to corruption from within...

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

USCIS Proposes Expansion of Provisional Waiver Program | On July 22, 2015, U.S. Citizenship and Immigration Services published a proposed rule that would expand eligibility for provisional unlawful presence waivers. Under the proposed rule, provisional waivers would be available for all immigrant...

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

DHS to Enhance Security for Visa Waiver Program| On August 6, 2015, Department of Homeland Security Secretary Jeh Johnson announced the implementation of new security measures for noncitizens seeking to enter the United States under the Visa Waiver Program. Among other changes, travelers will have...

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

BIA Seeks Amicus Briefs on Effect of Moncrieffe on 3rd Circuit Case | On August 26, 2015, the BIA issued a notice requesting amicus briefs regarding whether Jeune v. Attorney General of the United States , 476 F.3d 199 (3d Cir. 2007) [ enhanced opinion available to lexis.com subscribers | Lexis Advance...

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

Administration Faces Criticism, Lawsuit After Revising October Visa Bulletin | The Department of State and Department of Homeland Security faced extensive criticism and a federal lawsuit after revising the October visa bulletin less than a week before it was expected to take effect. The revised visa...

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

USCIS Releases Draft Guidance on Extreme Hardship | On October 7, 2015, U.S. Citizenship and Immigration Services (USCIS) issued draft guidance for public comment on the factors the agency considers in determining whether the denial of an application would result in extreme hardship to a qualifying...

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

AILA Names New Executive Director | On October 29, 2015, the American Immigration Lawyers Association announced the selection of Benjamin Johnson as the organization’s new Executive Director. Johnson assumes the position from Crystal Williams, who was named Executive Director in 2009. Johnson...

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

EOIR Appoints New Immigration Judges and Assistant Chief Immigration Judges | In November, the Executive Office for Immigration Review announced the appointment of two new immigration judges and six new assistant chief immigration judges. Jonathan Simpson, a former assistant chief counsel for U...

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

USCIS Releases Online Civics Test in Spanish | On November 19, 2015, U.S. Citizenship and Immigration Services announced that noncitizens wishing to naturalize may take online practice civics exams containing questions and answers in Spanish as well as English. The practice questions are written in...

News Excerpts From the Jan. 1, 2016, Bender’s Immigration Bulletin

USCIS Ombudsman Recommends Improvements to SIJ Adjudication Process| On December 11, 2015, the Ombudsman for U.S. Citizenship and Immigration Services issued a 12-page report containing recommendations for improving the process for adjudicating applications for Special Immigration Juvenile (SIJ) status...

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

Funding Bill Imposes Restrictions on VWP, Increases H and L Fees, Makes H-2B Changes The omnibus funding bill enacted in December contained provisions restricting participation in the Visa Waiver Program by applicants who are nationals of or who have recently visited certain countries in Africa and...

News Excerpts From the April 1, 2016, Bender’s Immigration Bulletin

H-1B FY 2017 Cap Season Begins April 1 | USCIS will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap on April 1, 2016. The congressionally mandated cap on H-1B visas for FY 2017 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree...

News Excerpts From the May 1, 2016, Bender’s Immigration Bulletin

EB-4 Visa Limit Reached for Special Immigrants from El Salvador, Guatemala and Honduras A final action date of January 1, 2010 has been set for special immigrants from El Salvador, Guatemala and Honduras and is reflected in the State Department’s Visa Bulletin Employment-Based Preference Cases...

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...

News Excerpts From the June 1, 2016, Bender’s Immigration Bulletin

Supreme Court Decides Luna Torres v. Lynch | On May 19, The Supreme Court decided Torres v. Lynch , 578 U.S. ___ (2016). Justice Kagan delivered the opinion, joined by Justices Kennedy, Ginsburg, and Alito, and Chief Justice Roberts. Justice Sotomayor filed a dissenting opinion joined by Justices...

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

Labor Department Will Streamline H-2A Process | On May 20, 2016, the Department of Labor’s Office for Foreign Labor Certification announced that it would streamline the process for H-2A employers filing petitions under the 2015 final herder rule. Going forward, employers and their authorized...

News Excerpts From the July 1, 2016, Bender’s Immigration Bulletin

Colorado Repeals Employment Verification Requirement | On June 8, 2016, Colorado Gov. John Hickenlooper signed a bill (House Bill 16-1114) repealing a state requirement that employers maintain a separate affirmation form and retain copies of documents presented when newly hired employees complete...

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

Review of Supreme Court Activity | In the last weeks of the 2015 term, the U.S. Supreme Court issued a decision, a nondecision, and two grants of certiorari in cases that apply to immigration. The nondecision was in United States v. Texas , 2016 U.S. LEXIS 4057, in which the entire June 23 decision...

News Excerpts From the Aug. 1, 2016, Bender’s Immigration Bulletin

Class Certification Granted in Suit Over Legal Representation for Minors | On June 24, 2016, a federal judge granted a request to certify a class of children in an ongoing suit against the Attorney General for failing to providing legal representation. The main class certified by the court consists...

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

DHS Expands Eligibility for Provisional Waivers | On July 29, 2016, the Department of Homeland Security’s U.S. Citizenship and Immigration Services issued a final rule expanding the class of noncitizens eligible to receive provisional unlawful presence waivers. Under the new regulation, all...