Immigration Law

Recent Posts

Advance Copy: Employment Authorization for F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Emergent Circumstances in Hong Kong
Posted on 24 Nov 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 11/26/2021 "This notice announces that the Secretary of Homeland Security (Secretary) is suspending certain regulatory requirements for F-1 nonimmigrant students who are Hong... Read More

The Legal Basis Underpinning the New Automatic Extension of Work Authorization for H-4, L-2 and E-2 Spouses, and Why It Must Still Be Challenged: Cyrus Mehta
Posted on 22 Nov 2021 by Daniel M. Kowalski

Cyrus Mehta, Nov. 22, 2021 "The USCIS has been processing employment authorization requests for H-4 and L-2 spouses so slowly that they have been rendered virtually useless. By the time the applicant receives the employment authorization document... Read More

Certain Petitioners for U Nonimmigrant Status May Receive a Refund for Applications for Employment Authorization Submitted Before Sept. 30, 2021
Posted on 22 Nov 2021 by Daniel M. Kowalski

USCIS, Nov. 22, 2021 "USCIS mistakenly rejected certain applications for employment authorization ( Form I-765, Application for Employment Authorization ) from petitioners for U nonimmigrant status that were filed without a fee (or request for... Read More

Major Settlement Changes How USCIS Adjudicates Work Permits for Nonimmigrant Spouses: AILA
Posted on 10 Nov 2021 by Daniel M. Kowalski

AILA, Nov. 10, 2021 "The American Immigration Lawyers Association (AILA) and its litigation partners Wasden Banias and Steven Brown, celebrate the historic settlement with the Department of Homeland Security (DHS) in Shergill, et al. v. Mayorkas... Read More

Work Permit Delay Class Action Filed Against USCIS
Posted on 9 Nov 2021 by Daniel M. Kowalski

AILA, Nov. 8, 2021 "49 plaintiffs represented by AILA, Farshad Owji, Aaron Hall, Charles Kuck, and Greg Siskind filed a class action lawsuit against DHS and USCIS over the extreme processing delays on applications for EADs for noncitizens who are... Read More

Three New USCIS Policy Updates (June 9, 2021)
Posted on 9 Jun 2021 by Daniel M. Kowalski

USCIS, June 9, 2021 " Expedited Processing Under the updated expedite criteria policy (PDF, 293.62 KB) , benefit requestors and USCIS officers are provided further guidance on when expedited processing may be warranted. Additionally, nonprofit... Read More

Tags: ead , noid , policy memo , rfe , USCIS

Tech Giants Throw Support Behind H-4 EAD Rule
Posted on 17 May 2021 by Daniel M. Kowalski

Chris Mills Rodrigo, The Hill, May 14, 2021 "A group of nearly 30 tech companies and other organizations filed a legal brief Friday to defend a program that gives work authorization to the spouses of high-skilled immigrants. The Obama-era rule... Read More

Asylum Seekers Sue Over New EAD Rules: Casa de Maryland v. Wolf
Posted on 22 Jul 2020 by Daniel M. Kowalski

ASAP, July 21, 2020 "ASAP filed a federal lawsuit to stop the U.S. government from implementing new rules that would limit the ability of asylum seekers to work legally in the United States. ... The complaint can be viewed here ." Read More

Tags: ead , asylum

USCIS Final Rule on Asylum EAD Processing Times
Posted on 19 Jun 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 "This final rule removes a Department of Homeland Security (DHS) regulatory provision stating that U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum... Read More

Tags: ead , USCIS , asylum

New USCIS EAD Policy for Parolees (Aug. 19, 2019)
Posted on 19 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 19, 2019, PA-2019-04 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address USCIS’ discretion to grant employment authorization to foreign nationals paroled into the... Read More

Tags: ead , parole , USCIS

Repealing H-4 Visa Work Authorization: A Cost-Benefit Analysis
Posted on 20 Mar 2019 by Daniel M. Kowalski

Ike Brannon, Senior Fellow, Jack Kemp Foundation, and M. Kevin McGee, Professor Emeritus, UW Oshkosh, March 4, 2019 "In 2015 the Obama Administration authorized temporary work permits for the spouses of H-1B visa holders who were awaiting green... Read More

Court Orders USCIS to Timely Adjudicate Initial Asylum EAD Requests: Gonzalez Rosario v. USCIS
Posted on 9 Aug 2018 by Daniel M. Kowalski

Gonzalez-Rosario v. USCIS - "Plaintiffs’ motion for summary judgment is GRANTED and Defendants’ cross-motion for summary judgment is DENIED. (Order (Dkt. # 127).) The court FINDS that Defendants are in violation of 8 C.F.R. § 208... Read More

Tags: ead , USCIS , asylum

Advance Copy of Extension of Relief for Certain F-1 Nepalis
Posted on 27 Jun 2018 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 06/28/2018 - "This notice informs the public of the extension of suspension of certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is the... Read More

Tags: f-1 , ead , Nepal

Preliminary Injunction Denied in H-4 EAD Lawsuit
Posted on 25 May 2015 by Daniel M. Kowalski

"Save Jobs has an obvious interest in protecting its members from additional competition in an already crowded job market, particularly given the circumstances of their terminations from SCE. However, DHS has a strong interest in moving ahead with... Read More

Highly Skilled Immigrant Spouses Can Soon Work In U.S.
Posted on 25 Feb 2015 by Daniel M. Kowalski

"When Neha Mahajan's husband got a job transfer from New Delhi to New Jersey, she was excited to come along. But the thrill faded when the television reporter realized there was no way she could get a job in the United States because immigration... Read More