The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration reform, including creating paths to citizenship for undocumented immigrants, expanding the number of available visas, and creating more access for
H-4
Immigration Reform Bill
Biden Directs Review of Immigration Policies, Seeks to Reduce Unnecessary Barriers
By Michael H. Neifach, Amy L. Peck & Otieno B. Ombok on
Posted in Asylum / Refugee, Biden Administration, Citizenship, DAPA / DACA, DED, EADs, Executive Orders, H-1B, H-4, PERM, TPS, Travel Ban, Trump Administration, USCIS
On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs complete review of policies.
The first, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New…
Proposed H-4 EAD Rule Withdrawn for Review
By Michael H. Neifach & Amy L. Peck on
Posted in Biden Administration, EADs, Green Cards, H-1B, H-4, Immigration Litigation, Trump Administration, USCIS
On January 25, 2021, the Biden administration withdrew from review the Trump administration’s proposed rule that would have rescinded the H-4 EAD program.
For close to five years, spouses of H-1B workers holding H-4 EADs have been living with uncertainty that their work authorization would be eliminated at any time. In addition to the…
USCIS Premium Processing Fees: Bad News, Good News
By Amy L. Peck & Michael H. Neifach on
Posted in E-1 / E-2, EB-1, Fees and Penalties, H-1B, H-4, J-1 Trainees, L-1A / L-1B, O-1, P-1, USCIS
Premium processing fees are going up (the bad news), but premium processing will be available for more types of cases (the good news) according to changes included in the recently passed Continuing Resolution (CR) that will fund the government until December 11, 2020. The changes are meant to provide additional funding to USCIS to bolster…
Foreign Student Status and Student Work Authorization
Foreign students wishing to study in this country may have whiplash over the Trump Administration’s many moves.
Early in 2020, a federal court blocked the Department of Homeland Security (DHS) from changing the rules regarding duration of status admission to the United States. Under the Trump Administration’s proposed policy, students might unknowingly accumulate unlawful presence…
USCIS to Resume Issuing EADs, But Face Backlog
By Jackson Lewis P.C. on
USCIS may be close to negotiating an agreement that would mean EADs for thousands of foreign nationals with approved applications will finally start to be produced.
Yet, first-time EAD applicants who are in H-4 or L-2 status may still face impediments. In March, when the COVID-19 crisis began and USCIS offices closed, the Application…
National Interest Exemptions to Visa Restrictions
By Beth E. Boyer on
Posted in COVID-19, Department of State, Executive Orders, H-1B, H-2B, H-4, J-1 Trainees, L-1A / L-1B, Trump Administration
The Department of State (DOS) has provided more details to the Consulates on the national interest exemption under President Donald Trump’s June 22, 2020, executive order.
The “Presidential Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” bars holders of certain visas from entering the U.S.…
Review of Trump Administration Shifting Position(s) on H-4 EAD Rule
By Amy L. Peck & Michael H. Neifach on
It has been five years since Save Jobs USA, a group of technology workers who claim to have been displaced by foreign nationals with H-4 EADs challenged the Obama Administration’s authority to enact the H-4 EAD Rule. In the years since that filing, the case has gone back and forth between the D.C. District Court…
Legislators Urge Extension of Work Authorizations
By Amy L. Peck on
On the same day that the Department of Homeland Security (DHS) recapitulated its usual policies and procedures for dealing with delays in processing extensions and changes of status due to COVID-19, 100 Democrats in the House of Representatives joined the Congressional Hispanic Caucus to urge the Trump Administration to automatically extend work authorization for…
H, L Visas on DHS Regulatory Agenda
According to the DHS Fall Regulatory Agenda, the Administration is planning further restrictions to immigration regulations that, if enacted, will affect employers.
Over the past few years, DHS has changed the way it reviews H and L visa petitions from employers, which has resulted in significant increases in Requests for Evidence (RFEs) and denials.…