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Category Archives: H-4 Employment Authorization

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. (more…)

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. (more…)

USCIS Suspends Premium Processing of Petitions for H-1B Extension

Mechelle Zarou

Mechelle Zarou

U.S. Citizenship & Immigration Services (USCIS) announced yesterday that it will temporarily suspend premium processing of Petitions for H-1B extensions beginning on Tuesday, May 26, 2015. USCIS will continue to process H-1B extensions that were received prior to May 26.  USCIS will refund the premium processing fee for H-1B extensions filed prior to May 26, 2015, but not processed within the 15-calendar-day period. (more…)

DHS Asks Court to Dismiss Lawsuit Challenging H-4 Work Authorization

Maria del Carmen Ramos

Maria del Carmen Ramos

While the lawsuit challenging President Obama’s executive action continues to garner headlines, an additional lawsuit has been filed contesting another part of the executive actions that DHS is attempting to implement.  This time the lawsuit is challenging the administration’s authority to give work authorization to the H-4 dependent spouses of certain H-1B nonimmigrants. Currently, H-4 spouses are not authorized to engage in employment unless the spouse has his/her own work visa. (more…)

The President’s Executive Actions on Immigration Are Further Delayed

Maria del Carmen Ramos

Maria del Carmen Ramos

Last Thursday, the U.S. Department of Justice (DOJ) filed an emergency motion with the Fifth Circuit Court of Appeals to lift a preliminary injunction issued by U.S. District Judge Andrew Hanen last month in lawsuit filed by a coalition of 26 states.  Contending that this matter was an emergency, the DOJ also requested that the Fifth Circuit require the coalition of states to respond within a week of the DOJ’s filing. (more…)