Immigration Law

Recent Posts

Class Action Lawsuit Challenges Asylum Work Permit Policies: Garcia Perez v. USCIS
Posted on 9 Jun 2022 by Daniel M. Kowalski

NILA, NWIRP, June 9, 2022 "Today, five asylum applicants filed a national class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) challenging policies and practices that... Read More

USCIS Stops Applying Certain EAD Provisions for Asylum Applicants
Posted on 30 Apr 2022 by Daniel M. Kowalski

USCIS, Apr. 28, 2022 "Effective Feb. 8, 2022, USCIS has stopped applying 2 rules: The Removal of 30-day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications Rule (also known as the Timeline Repeal... Read More

Crippling USCIS Work Permit Backlog Hurts Everyone
Posted on 17 Feb 2022 by Daniel M. Kowalski

Nicole Narea, Vox, Feb. 16, 2022 "Amid nationwide labor shortages in critical industries, more than a million immigrants are waiting on the US government to issue them work permits. Without these permits, many could lose their jobs, and some already... Read More

USCIS Policy Alert: Extending EAD Validity
Posted on 7 Feb 2022 by Daniel M. Kowalski

USCIS, Feb. 7, 2022 "... In the interest of reducing the burden on both the agency and the public, USCIS has revised its guidelines to state that initial and renewal EADs generally may be issued with a maximum validity period of up to 2 years for... Read More

EAD Expedite for Health Care Workers
Posted on 28 Dec 2021 by Daniel M. Kowalski

USCIS, Dec. 28, 2021 - "If you are a healthcare worker Who has a pending Employment Authorization Document (EAD) renewal application (Form I-765, Application for Employment Authorization); and Whose EAD is expiring within 30 days or less... Read More

Rosario Class Action News (Dec. 7, 2021)
Posted on 9 Dec 2021 by Daniel M. Kowalski

USCIS, Dec. 7, 2021 "On June 22, 2020, USCIS issued a final rule that eliminated the provision that initial (first) employment authorization applications based on a pending asylum application should be adjudicated within 30 days. This rule went... 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

USCIS Policy Alert: Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses
Posted on 13 Nov 2021 by Daniel M. Kowalski

USCIS, Nov. 12, 2021 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. USCIS... Read More

No More Automatic EADs for Asylum Applicants
Posted on 2 Sep 2020 by Daniel M. Kowalski

USCIS, Aug. 27, 2020 "Effective August 25, 2020, the Asylum Application, Interview, and Employment Authorization for Applicants Final Rule removed the exemption from discretion outlined in 8 CFR 274a.13(a)(1) for asylum applicants seeking employment... Read More

Asylum EAD Proposed Rule
Posted on 9 Sep 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 "The Department of Homeland Security (DHS) proposes to remove a regulatory provision stating that U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum... Read More

USCIS Proposed Rule: Employment Authorization for Certain H–4 Dependent Spouses
Posted on 12 May 2014 by Daniel M. Kowalski

"The Department of Homeland Security proposes to extend the availability of employment authorization to certain H–4 dependent spouses of principal H–1B nonimmigrants. The extension would be limited to H–4 dependent spouses of principal... Read More

DHS to Roll Out New Regs to Benefit Some H-1B Spouses and Skilled Workers
Posted on 7 May 2014 by Daniel M. Kowalski

"[T]he Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups... Read More

Judge Certifies Nationwide Class in Employment Authorization Case (NWIRP v. USCIS)
Posted on 20 Jul 2017 by Daniel M. Kowalski

AIC, July 19, 2017 - "Today, U.S. District Court Judge James Robert granted a motion to certify a nationwide class in Northwest Immigrant Rights Project v. USCIS , recognizing that USCIS must adjudicate asylum seekers’ employment authorization... Read More