The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program. Many of these changes have been proposed before, but have not yet made it to the rulemaking stage. Among what to expect are the following: USCIS is planning to release a notice of proposed rulemaking to create a … Continue Reading
While the Trump Administration is making it more difficult and less attractive for entrepreneurs to start their businesses in the United States (in the name of “Buy American and Hire American”), other countries are rolling out the welcome mat to entrepreneurs. In May 2018, the Administration proposed a rule to remove President Obama’s International Entrepreneur … Continue Reading
The uncertainty regarding the rescission of the H-4 EAD Rule continues to drag on and the plaintiffs in Save Jobs USA v. United States Department of Homeland Security are getting tired of waiting. Save Jobs, a group of technology workers who claim to have been displaced by foreign nationals, initially challenged the H-4 EAD Rule … Continue Reading
The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions to its proposal to eliminate H-4 EADs. In its Spring 2018 Regulatory Agenda, DHS announced the expected … Continue Reading
Following up on the U.S. Court of Appeals for the D.C. Circuit Order of February 21, 2018, DHS has requested still more time to review the H-4 EAD Rule. In a status report filed on February 28, 2018, just a week after the Court’s Order granting DHS’ request to continue to hold the case in … Continue Reading
The DOJ and the DHS have made clear on numerous occasions that they intend to rescind employment authorization documents (EADs) for H-4 visa status holders and it appears that rescission may be just around the corner. Family members of an H-1B worker are admitted in the H-4 category. According to DHS pleadings in the U.S. … Continue Reading
