LexisNexis® Legal Newsroom
Extension of TPS for Haiti

"Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Haiti for Temporary Protected Status (TPS) for 18 months from July 23, 2014 through January 22, 2016." - Federal Register / Vol. 79,...

USCIS to Post RFP for Millions of EADs, Green Cards

"USCIS Contracting will be posting a solicitation for the requirement of Card Stock used by the USCIS Document Management Division. The objective of this procurement is to provide card consumables for the Document Management Division (DMD) that will be used to produce Permanent Resident Cards (PRC...

Advance Copy of H-4 EAD Final Rule

"This final rule amends Department of Homeland Security (“DHS” or “Department”) regulations by extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (“LPR”...

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence

"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 dependent spouses of H-1B nonimmigrants who are seeking...

Highly Skilled Immigrant Spouses Can Soon Work In U.S.

"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 rules barred her from working. Over six years...

H-4 EAD Final Rule

"This final rule amends Department of Homeland Security (‘‘DHS’’ or ‘‘Department’’) regulations by extending eligibility for employment authorization to certain H–4 dependent spouses of H–1B nonimmigrants who are seeking employment-based...

Jan Pederson (Maggio-Kattar) on the H-4 EAD Final Rule

"The Department of Homeland Security (DHS) will finally extend employment eligibility for certain H-4 dependent spouses of H-1B nonimmigrants who have applied for lawful permanent resident (LPR) status effective May 26, 2015. This action has been long awaited by both eligible H-4 spouses as well...

Texas v. USA Update: A DOJ 'Advisory,' and Pushback by Plaintiffs

On March 3, 2015, DOJ advised Judge Hanen that USCIS had issued approximately 100,000 three-year EADs for some DACA renewals. The plaintiffs in Texas v. USA pushed back , calling for early discovery.

Lawsuit Challenges EADs for H-4 Spouses

"A group representing former Southern California Edison Co. computer workers launched a suit in Washington, D.C., federal court Thursday challenging a U.S. Department of Homeland Security regulation that authorizes certain H-1B dependent spouses who possess H-4 visas to work, saying the rule robs...

USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses

"USCIS has published information to help eligible H-4 dependent spouses who want to apply for employment authorization under the Employment Authorization for Certain H-4 Dependent Spouses final rule . You can view the information on: The Employment Authorization for Certain H-4 Dependent...

Nationwide Class Action Lawsuit Filed Over Work Permit Delays: NWIRP v. USCIS

"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 following nationwide class: Noncitizens who have...

Preliminary Injunction Denied in H-4 EAD Lawsuit

"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 a program years in the making, and the court is...

Employment Authorization for Certain H-4 Dependent Spouses Final Rule in Effect Today, May 26, 2015

USCIS, May 26, 2015 - "Employment Authorization for Certain H-4 Dependent Spouses Final Rule in Effect Today, May 26, 2015 Certain H-4 dependent spouses may now apply for employment authorization under the H-4 rule. On February 24, 2015, USCIS announced that effective today, May 26, 2015, the...

Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed

"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 of their applications for employment authorization...

Texas Supermarket Settles Visa Suit With USCIS - Law360

"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 David A. Ezra signed an order Thursday dismissing...

USCIS to DACA Recipients: Return 3-Year EADs

AILA reports: " USCIS sent a letter to DACA recipients who have not returned their three-year EAD, stating "USCIS must receive your EAD by 7/17/15. Failure to return the invalid EAD without good cause may affect your deferred action and employment authorization." On July 7, 2015, Judge...

AILA Practice Alert: USCIS Taking Extreme Measures to Retrieve Erroneously Issued 3-Year DACA EAD

AILA Doc No. 15070802 | Dated July 14, 2015 As a result of the judge's July 7, 2015 order threatening contempt citations in the ongoing litigation in Texas v. United States , USCIS advised stakeholders in a telephone call on the evening of July 13, 2015, that it is implementing additional,...

USCIS Fact Sheet on Three-Year EADs - Who Is Covered, Who Is Not

Here is a two-page Fact Sheet posted July 15, 2015 including an "If/Then" flow chart and this important note: "This action does not apply to the approximately 108,000 three-year EADs that were approved and mailed by USCIS on or before the February 16, 2015, injunction date and that...

Inspector General Finds USCIS Did Not Deliberately Violate Court Injunction

OFFICE OF INSPECTOR GENERAL, Department of Homeland Security, Aug. 13, 2015 - "The Department of Homeland Security Inspector General (DHS OIG) found no evidence that U.S. Citizenship and Immigration Services (USCIS) deliberately violated a U.S. District Court’s preliminary injunction when...

Work Authorization for H-4 Spouses: The Experience Thus Far - Michelle S. Velasco

Michelle S. Velasco, Oct. 13, 2015 - "H-4 EAD applicants must be diligent in obtaining evidence of their eligibility and be aware of timing concerns. For eligible applicants, this opportunity to obtain authorization for employment is welcome news, as it allows for more than just one family member...

Details Emerge on I-140 EADs - Greg Siskind

Greg Siskind, Dec. 25, 2015 - "While the long-anticipated I-140 EAD rule has not yet been published, the basic outline of the proposed policy changes have emerged. The proposed new I-765 employment authorization form instructions explains what will be required to be eligible for the new benefit...

Model Comments: Elimination of 90-Day Adjudication/Interim EAD Rule

AILA, Feb. 22, 2016 - " Model/draft comments opposing the elimination of the requirement that USCIS grant an interim employment authorization document (EAD) if the agency does not adjudicate Form I-765 (the EAD application) within the 90-day regulatory time period, which is part of the Proposed...

USCIS Policy Memo on VAWA Authorized EADs

USCIS, Mar. 8, 2016 - "This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers regarding the amendment to the Immigration and Nationality Act (INA) that expands eligibility for employment authorization to battered spouses of certain nonimmigrants...

USCIS FAQs: Employment Authorization for Certain H-4 Dependent Spouses

USCIS, Mar. 10, 2016 - "On February 26, 2015, USCIS hosted a teleconference about new regulatory changes, effective May 26, 2015, that extended eligibility for employment authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants who have already started the process of seeking...

Ninth Circuit Says Federal Immigration Law Preempts Arizona's Attempt to Deny DLs to DACA Recipients: ADAC v. Brewer

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 from DACA recipients for purposes of establishing...