Immigration Law

Recent Posts

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

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

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

Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed
Posted on 26 May 2015 by Daniel M. Kowalski

"Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) for unlawfully delaying the adjudication... Read More

Texas Supermarket Settles Visa Suit With USCIS - Law360
Posted on 22 Jun 2015 by Daniel M. Kowalski

"Texas supermarket chain H.E.B. Grocery Co. LP has dropped its lawsuit against the U.S. Department of Homeland Security after its senior computer programmer was able to secure work authorization under a recently issued DHS rule. U.S. District Judge... Read More

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence
Posted on 24 Feb 2015 by Daniel M. Kowalski

"U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4... Read More

Ninth Circuit Says Federal Immigration Law Preempts Arizona's Attempt to Deny DLs to DACA Recipients: ADAC v. Brewer
Posted on 6 Apr 2016 by Daniel M. Kowalski

ADAC v. Brewer, Apr. 5, 2016 - "In sum, we find that DACA recipients are similarly situated in all relevant respects to other noncitizens eligible for drivers’ licenses under Arizona’s policy. And Arizona’s refusal to rely on EADs... Read More

Nationwide Class Action Lawsuit Filed Over Work Permit Delays: NWIRP v. USCIS
Posted on 24 May 2015 by Daniel M. Kowalski

"Plaintiffs challenge Defendants’ policies and practices of unlawfully delaying adjudication of applications for employment authorization and refusing to issue interim employment authorization. ... Individual Plaintiffs seek to represent the... Read More