Your resource for all things immigration.
On January 23, 2016, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Colombia granted the U.S. Department of Homeland Security’s motion to extend the stay of the vacatur of the STEM OPT rule from February 12, 2016 to May 10, 2016. This decision is zealously being opposed by the Washington Alliance of Technology Workers. Continue reading “Decision on STEM OPT Program is Delayed Until May 10, 2016”
Each month, the Department of State (“DOS”) publishes current immigrant visa availability information in its Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date. Continue reading “USCIS and DOS Attempt to Clarify Increasingly Complex Visa Bulletin Situation”
If Congress is unable to arrive at an agreement on the 2016 federal budget, the Federal government may shut down, resulting in the suspension of some immigration services. Continue reading “Government Shutdown Possible: Immigration Delays”
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”
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?”
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”
U.S. Citizenship & Immigration Services (“USCIS”) recently released an alert advising employers that green cards do not always have a signature. For example, USCIS will waive the signature requirement for children under the age of consent or individuals who are physically unable to provide a signature. Continue reading “I-9 Update: Green Cards Do Not Always Have a Signature”
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”
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”
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”