Immigration Law

Recent Posts

Asylum EAD Vacatur Final Rule
Posted on 22 Sep 2022 by Daniel M. Kowalski

Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 "This final rule removes changes to regulatory text resulting from two final rules issued in June 2020, which were vacated by a Federal district court in February 2022. This final... Read More

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

EAD Rules Fully Vacated - No Appeal in AsylumWorks v. Mayorkas
Posted on 11 Apr 2022 by Daniel M. Kowalski

Keren Zwick, Director of Litigation at the National Immigrant Justice Center, reports: "I wanted to let folks know that on Friday (4/8) we learned from the government that it would not file an appeal in AsylumWorks v. Mayorkas . This means, happily... 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

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

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

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

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

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