Immigration Accountability Executive Actions – Page 2

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

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. Continue reading “USCIS Suspends Premium Processing of Petitions for H-1B Extension”

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

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. Continue reading “DHS Asks Court to Dismiss Lawsuit Challenging H-4 Work Authorization”

2000 Three Year Work Permits Were Issued by DHS in Violation of Injunction

In a Thursday midnight filing, the U.S. Department of Justice (DOJ) lawyers disclosed that the Department of Homeland Security (DHS) issued about 2,000 three-year work permits (as opposed to the currently authorized two-year permits) to illegal immigrants granted Deferred Action for Childhood Arrivals (DACA). Technically, the issuance of the three-year work permits — an aspect of President Obama’s November 20 executive actions which expanded DACA — was in violation of U.S. District Judge Andrew Hanen’s February 16 injunction issued in the case of State of Texas v. United States. Continue reading “2000 Three Year Work Permits Were Issued by DHS in Violation of Injunction”

Multiple Legal Briefs Defending The President’s Executive Actions Filed

On Monday, multiple amicus briefs were filed with the Fifth Circuit Court of Appeals in the case of State of Texas v. United States. As way of background, a coalition of 26 states, including the State of Texas, sued the U.S. government to prevent the implementation of the President’s Executive Actions on Immigration on the grounds that the executive actions are unconstitutional and would require the states to invest more in law enforcement, health care, and education. Continue reading “Multiple Legal Briefs Defending The President’s Executive Actions Filed”

Fifth Circuit to Hear Oral Arguments on Whether to Lift Injunction on April 17

Yesterday, the Fifth Circuit granted the U.S. Department of Justice’s (DOJ) request to expedite its appeal of U.S. District Judge Andrew Hanen’s injunction staying President Obama’s immigration actions. Continue reading “Fifth Circuit to Hear Oral Arguments on Whether to Lift Injunction on April 17”

OPT Program Under Attack

While a lawsuit challenging President Obama’s executive action has garnered headlines recently, another lawsuit that could negatively impact the labor supply and increase the cost of doing business for employers has largely managed to escape the media’s attention. Continue reading “OPT Program Under Attack”

The President’s Executive Actions on Immigration Are Further Delayed

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. Continue reading “The President’s Executive Actions on Immigration Are Further Delayed”

Mark Your Calendars: DHS Extends Employment Authorization Eligibility to Certain H-4 Dependent Spouses Effective May 26, 2015

While many immigration practitioners wait anxiously for a resolution to the judicial challenges faced by DAPA and expanded DACA, others let out a sigh of relief at the announcement made today by U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez. Continue reading “Mark Your Calendars: DHS Extends Employment Authorization Eligibility to Certain H-4 Dependent Spouses Effective May 26, 2015”

Temporary Injunction Issued Against DAPA And Expanded DACA

Judge Andrew Hanen, a federal judge in South Texas, temporarily blocked President Obama’s executive actions on immigration this past Monday, February 16. The lawsuit was brought by 26 states and Judge Hanen ruled that the President lacked the authority to carry out the initiatives announced on November 20, 2014. Continue reading “Temporary Injunction Issued Against DAPA And Expanded DACA”

Court of Appeals Censures USCIS’ Narrow Interpretation of L-1B Visa Requirements

Over the last few years, U.S. Citizenship & Immigration Services (USCIS) has made a concerted effort to restrict the number of L-1B visas being issued. And, without much oversight, USCIS has managed (almost unfettered) to do so primarily through unpublished, non-binding decisions issued by the Administrative Appeals Office (AAO), selective reliance on precedent administrative decisions, and federal district court L-1B cases prior to 1990. Continue reading “Court of Appeals Censures USCIS’ Narrow Interpretation of L-1B Visa Requirements”