Immigration Law

Recent Posts

Some Asylum Applicants May Apply For Work Permits Online
Posted on 23 Jan 2023 by Daniel M. Kowalski

USCIS, Jan. 23, 2023 "U.S. Citizenship and Immigration Services today announced that certain asylum applicants can now file Form I-765, Application for Employment Authorization , online. Effective immediately, applicants for employment authorization... Read More

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 Increases Automatic Extension Period of Work Permits for Certain Applicants
Posted on 3 May 2022 by Daniel M. Kowalski

USCIS, May 3, 2022 "U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to... 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

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