• ICE Issues SEVP Policy Guidance Regarding OPT and Cap-Gap Relief

On April 8, 2010, the Department of Homeland Security (DHS) issued an interim rule that extends the period of optional practical training by 17 months for F-1 students with science, technology, engineering, and math degrees expanding the cap-gap relief for all F-1 students with pending H-1B petitions. [87 IR 910; May, 3, 2010]

• U.S. and Germany to Link Trusted-Traveler Programs 

On April 14, 2010, the German and the US Governments signed a joint statement expressing their intent to develop processes for qualified trusted travelers of either country to apply for both the US' Global Entry Program and the Germany's Automated and Biometrics-Supported Border Controls (ABG) program. Both programs use biometrics to identify trusted travelers. [87 IR 858; April 19, 2010]

• E-Verify Shares Employer and Employee Information with OSC 

USCIS will share information with the Justice Department’s Office of Special Counsel for Unfair Immigration-Related Employment Practices (OSC) regarding potential misuse of the E-Verify program by employers by providing data to the OSC on citizenship status from the queries that employers run through the E-Verify program to allow OSC to determine if any violations of the Immigration and Nationality Act’s anti-discrimination provisions have taken place. [Available at www.uscis.gov] 

• USCIS Announces New Permanent Resident Card 

On May 11, 2010, USCIS announced that it has redesigned the Permanent Resident Card ("Green Card") to incorporate several major new security features aimed to deter immigration fraud. [Available at www.uscis.gov]

• H-1B Cap Still Not Reached

On April 8, 2010, USCIS announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap as it had received to date approximately 13,500 H-1B petitions counting toward the 65,000 cap and approximately 5,600 petitions for individuals with advanced degrees. [Available at www.uscis.gov]

• DOL Issues FY 2010 Foreign Labor Certification Planning Guidance to SWAs

On April 6, 2010, the ETA issued a Training and Employment Guidance Letter No. 20-09 to state workforce agencies (SWA) entitled "Fiscal Year 2010 Foreign Labor Certification Planning Guidance," intended to provide guidance for the funding and management of the 2010 annual grant allocations for foreign labor certification programs. [87 IR 827; April 12, 2010]

• US and the Netherlands Announce Joint Enrollment Pilot for Fast Low-Risk Universal Crossing (FLUX) Program

On April 5, 2010, the CBP announced a partnership with The Netherlands to expedite international travel of pre-approved, low-risk travelers who are US and Dutch citizens over 14 years of age, in possession of a valid machine-readable passport, and consent to a background screening review can join Global Entry and Privium through the FLUX enrollment program. [87 IR 827; April 12, 2010]

• BIA Decision– Unauthorized Employment Does Not Bar Adjustment of Status

The Board of Immigration Appeals held that aliens who are otherwise eligible to adjust status under INA §245(i) are not subject to the unauthorized employment restrictions of INA §245(c) and the exception for such employment in INA §245(k) may apply to applications for adjustment of status under INA §245(a).  [87 IR 911; May 3, 2010; Matter of Alania-Martin, 25 I. & N. Dec. 231 (B.I.A. Apr. 30, 2010)]

• BALCA Decision – Employer May Not Amend "Unduly Restrictive" Requirement  

Employer filed a PERM application on behalf of foreign national for the position of restaurant manager.  The Certifying Officer (CO) requested additional evidence to justify the "business necessity" for the 24-month training requirement because it exceeded the specific vocational preparation level shown for the position on O*Net. Instead of providing additional evidence, the employer proposed an amendment to Form 9089 to lower the training requirement from 24 to 12 months. The CO denied such modification request. On appeal the employer argued that the CO should have let him re-advertise the position, but the Board ruled that under PERM regulations the CO is not obligated to allow an employer to amend its application to delete an unduly restrictive job requirement. [87 IR 821; April 12, 2010; Matter of Superior Restaurant Group Corp., 2010-PER-00017 (BALCA Mar. 30, 2010)]

• BALCA Decision – Sponsorship Verification

BALCA affirmed denial of a PERM application because the CO tried four times to reach the employer at the telephone number listed in Form 9089 and by sending an email to the email address listed on the same Form.  BALCA held that CO correctly denied the employer's petition on the ground that it was not able to verify the sponsorship of the foreign national. [87 IR 826; April 12, 2010; Matter of Robert Stefanelli, 2009-PER-00295 (BALCA Mar. 30, 2010)]

• US Supreme Court Decision – Failure to Warn of Deportation Consequences of Plea Was Constitutionally Deficient Conduct by Counsel 

The US Supreme Court has held that the negotiation of a plea bargain is a critical phase of litigation for purposes of the Sixth Amendment right to effective assistance of counsel and criminal counsel must inform his client whether his plea carries a risk of deportation. [87 IR 731; April 5, 2010; Padilla v. Kentucky, 2010 WL 1222274 (U.S. Mar. 31, 2010)]

IR-Interpreter Releases; IB-Bender’s Immigration Bulletin; American Immigration Lawyers Association Monthly Journal; AILA - American Immigration Lawyer’s Association