Rescission of H-4 EADs is Imminent

Maria del Carmen Ramos

Over the last few months, the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) have unabashedly and repeatedly stated that is the current administration’s intent to rescind employment authorization for H-4 visa status holders. Continue reading “Rescission of H-4 EADs is Imminent”

DHS Freezes Implementation of the International Entrepreneur Rule and Threatens to Repeal It

Maria del Carmen Ramos

In a surprising move to the startup community, the Trump administration has moved to delay and possibly repeal a rule that would help foreign entrepreneurs launching foreign startups apply for parole status to work in the United States. Continue reading “DHS Freezes Implementation of the International Entrepreneur Rule and Threatens to Repeal It”

Who is Eligible for Parole Under the International Entrepreneur Rule?

Maria del Carmen Ramos
Maria del Carmen Ramos

Last month, U.S. Immigration and Citizenship Services (USCIS) announced a proposed rule that would allow certain international entrepreneurs to enter the U.S. for a period of up to two years so that they could start or scale their businesses if granting such a stay would provide “significant public benefit through substantial and demonstrated potential for rapid business growth and job creation.” Continue reading “Who is Eligible for Parole Under the International Entrepreneur Rule?”

Breaking News: SCOTUS to Hear DOJ’s Appeal of the Fifth Circuit’s Decision in State of Texas v. U.S.

Maria del Carmen Ramos
Maria del Carmen Ramos

Today, the U.S. Supreme Court announced that it would hear the U.S. Department of Justice’s appeal of the Fifth Circuit’s 2-1 ruling upholding the preliminary injunction issued against President Barack Obama’s executive actions on immigration. Continue reading “Breaking News: SCOTUS to Hear DOJ’s Appeal of the Fifth Circuit’s Decision in State of Texas v. U.S.”

Fifth Circuit Ruling Upholds Injunction Against the President’s Executive Actions on Immigration

Maria del Carmen Ramos
Maria del Carmen Ramos

In a 2-1 ruling, the Fifth Circuit Court of Appeals upheld the preliminary injunction issued by U.S. District Judge Andrew Hanen on the grounds that the lawsuit filed by a coalition of 26 states opposing the implementation of the President’s Executive Actions was likely to succeed at trial. See State of Texas v. U.S., No. 15-40238 (5th Cir. Nov. 9 2015). Continue reading “Fifth Circuit Ruling Upholds Injunction Against the President’s Executive Actions on Immigration”

Moving Into the 21st Century

Maria del Carmen Ramos
Maria del Carmen Ramos

Despite the fact that parts of President Obama’s executive actions on immigration currently are being challenged in court, the administration is moving forward with its promise to modernize our antiquated immigration system. Continue reading “Moving Into the 21st Century”

Immigration Alert: Decision Overturning 17-month OPT/STEM Extensions is stayed as USCIS scrambles to cure deficiencies

Maria del Carmen Ramos
Maria del Carmen Ramos

On August 12, 2015, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Columbia dealt a blow to employers by vacating the U.S. Department of Homeland Security’s (DHS) 2008 interim rule expanding the optional practical training (OPT) program for science, technology, engineering, and mathematics (STEM) students in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, Civil Action No. 14-529 (D.D.C. Aug. 12, 2015). Continue reading “Immigration Alert: Decision Overturning 17-month OPT/STEM Extensions is stayed as USCIS scrambles to cure deficiencies”

Knock, Knock: Who’s there?

Maria del Carmen Ramos
Maria del Carmen Ramos

Due to a contempt hearing scheduled for August 19, 2015 in the case of the State of Texas v. United States, U.S. Citizenship and Immigration Services (USCIS) is taking radical measures to recover all three-year Employment Authorization Document (EAD) cards issued prematurely under President Obama’s November 20 executive actions to over 2,500 Deferred Action for Childhood Arrival (DACA) recipients. Continue reading “Knock, Knock: Who’s there?”

Executive Action Update: 3 Year EADs Issued After 2/16/15 Injunction Must Be Returned

Maria del Carmen Ramos
Maria del Carmen Ramos

It is no surprise that the implementation of this administration’s executive actions has run into a series of political and legal snags.  But what is surprising is the administration’s response or overall handling of the matter. Continue reading “Executive Action Update: 3 Year EADs Issued After 2/16/15 Injunction Must Be Returned”

Alert: Preliminary Injunction is Denied–H-4 EAD Program Moves Forward

Maria del Carmen Ramos
Maria del Carmen Ramos

As previously reported, a group of former employees of Southern California Edison (who claim they were laid off and replaced by H-1B workers) filed a lawsuit in the United States District for the District of Columbia against the administration challenging the H-4 final rule on the grounds that the rule exceeds DHS’s authority and directly contradicts certain provisions of the Immigration and Nationality Act of 1952, as amended, in Save Jobs USA vs. U.S. Dep’t. of Homeland Security, Civil Action No. 1:15-cv-615. Continue reading “Alert: Preliminary Injunction is Denied–H-4 EAD Program Moves Forward”