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Immigration Law

News Excerpts From The March 15, 2015, Bender’s Immigration Bulletin

DHS Will Provide Work Authorization to Certain H-4 Spouses |

The Department of Homeland Security issued a final rule on February 25, 2015, that will soon allow H-4 dependent spouses of certain nonimmigrants with H-1B status to apply for employment authorization documents.

For an H-4 dependent spouse to qualify for work authorization, the H-1B nonimmigrant must be the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, or have received H-1B status under the American Competitiveness in the Twenty-first Century Act of 2000.

DHS expects up to nearly 180,000 H-4 dependent spouses to become eligible for employment authorization within the first year of implementation and 55,000 additional spouses each year thereafter.

DHS promulgated the notice of proposed rulemaking in May 2014, and made only minor wording changes in adopting the final rule.

The final rule is reprinted at Appendix A. It will take effect on May 26, 2015.

New Forms I-160 and I-600A

USCIS released revised versions of Form I-600, Petition to Classify Orphan as an Immediate Relative, and Form I-600A, Application for Advance Processing of an Orphan Petition. Prior versions of the forms will not be accepted after March 23, 2015.

Supreme Court Argument in Kerry v. Din

The transcript of the February 23 argument in the case of Kerry v. Din, which involves consular nonreviewability, is available on at 2013 U.S. Trans. 31402, 2015 U.S. Trans. LEXIS 12 [transcript available to subscribers]. Briefs in the case are available on [ subscribers may access Supreme Court briefs for this case] and Lexis Advance.


Bender's Immigration Bulletin

[This is an excerpt from the March 15, 2015, issue of Bender's Immigration Bulletin.]

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