Court Grants 90-Day Extension of Stay of Vacatur of STEM OPT Rule

The U.S. District Court for the District of Columbia granted Department of Homeland Security’s (DHS) motion for limited relief from the court’s August 12, 2015, order, and ordered that vacatur of the 17-month STEM OPT extension be further stayed until May 10, 2016. In its option, the Court rejected the Plaintiff’s argument that it had been divested of jurisdiction to grant...
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No Quota or Filing Deadline Imposed on H-4 EAD Benefit

As reported in our last newsletter, the Department of Homeland Security has finalized a regulatory change that will allow certain H4 dependent spouses to apply for employment authorization documents (EADs). The new regulation will go into effect on May 26, 2015 and remain open for applications thereafter. There is no specific time limit nor quota imposed on the H-4 EAD benefit. This is unlike the...
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USCIS ‘Known Employer’ Program

On January 8, 2015, the Department of Homeland Security is considering a “Known Employer” pilot program to  streamline adjudication of certain types of employment-based immigration benefit requests filed by eligible U.S. employers. The “Known Employer” pilot, which the Department expects to commence by late 2015, is intended to test a program designed to make adjudications more...
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Latest on Court Battles over DACA and Expanded DAPA

As has been well publicized, two of the President’s Executive Actions—DAPA and Expanded DACA—are on temporary hold per a U.S. District Court Order issued on February 16th.  As expected, the U.S. Department of Justice quickly appealed the court’s decision. In the meantime, the Justice Department also filed an emergency motion with the District Court to remove the temporary hold on...
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USCIS Will Accept H-4 EAD Applications Starting May 26, 2015

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that the USCIS will start accepting H-4/EAD applications on May 26, 2015.  Under this program, Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR)...
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USCIS Sends Final H-4/EAD Rule to OMB for Approval

On Thursday February 5, 2015, the United States Citizenship and Immigration Services sent the final H-4/EAD rule to the Office of Management and Budget (OMB) for review and final approval.  Typically, OMB takes 30-60 days for review, after which the rule will be published in the Federal Register and implemented. The rule would allow an H-4 nonimmigrant to apply for employment authorization if...
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