In yet another update, DHS has announced that it is extending Temporary Protected Status (TPS) documents as well as work authorization until January 4, 2021 not just for El Salvador but also for Haiti, Honduras, Nepal, Nicaragua and Sudan. These extensions are based on injunctions and stays in various pending cases: Ramos, Saget, and
Immigration Litigation
Liberian Holders of DED Status May Have to Leave the U.S. Following Federal Judge’s Decision
Four thousand Liberian holders of Deferred Enforced Departure (DED) status and their roughly 4,000 U.S. citizen children may have to leave the United States because of the decision in African Communities Together v. Trump. Judge Timothy S. Hillman of the U.S. District Court for the District of Massachusetts decided that the Court lacked the…
Temporary Protected Status for El Salvador Extended
Temporary protected status (TPS) for El Salvadorans in the U.S. has been extended through January 4, 2021, under an agreement with El Salvador, the Department of Homeland Security announced on October 28, 2019. There are 250,000 El Salvadorans in the U.S. with work permits on TPS.
The agreement provides that the two countries will cooperate…
Update on the Public Charge Rule
Despite litigation that enjoined USCIS from proceeding with the implementation of the Public Charge Rule, Department of State (DOS) seemed ready to proceed with it at Consulates abroad.
But, as of this week, DOS is no longer “fast-tracking” the Public Charge Rule. It withdrew its request for emergency review of its new public charge form,…
Preemption Issues High Court is Considering in I-9 Fraud Case
The U.S. Supreme Court has heard oral argument in a case in which it will decide whether a state may prosecute individuals for using false information on a Form I-9 Employment Eligibility Verification, a federal employment eligibility verification form. Our article is here.
Presidential Proclamation Suspends Visas for Immigrants without Health Insurance
President Donald Trump’s new “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” likely will reduce drastically the number of legal immigrants admitted to the U.S. It is scheduled to go into effect on November 3, 2019.
Exempting refugees and asylees, the Proclamation suspends the entry…
Federal Judge Enjoins DHS’s Public Charge Rule and Required Use of Related Forms
U.S. District Court Judge George S. Daniels of the Southern District of New York enjoined the Trump Administration’s new Public Charge Rule scheduled to go into effect on October 15, 2019. The new Rule has been the subject of much controversy and would have made it more difficult for foreign nationals to obtain green cards…
Ex-CEO of IT Staffing Companies Guilty of H-1B Visa Fraud
A federal judge has sentenced Pradyumna Kumar Samal to more than seven years in prison, fined him $10,000, and ordered him to pay restitution for the taxes he stole. United States of America v. Samal, No. 2:18-cr-00214 (W.D. Wash. Sept. 20, 2019).
Samal, the ex-CEO of two IT staffing companies, was investigated for visa…
Upcoming Oral Argument in H-4 EAD Rule Rescission Case (Finally)
The challenge over the rule providing work authorization for spouses of certain H-1B workers who are in the Green Card process finally will be heard before the U.S. Court of Appeals for the D.C. Circuit on September 27, 2019.
For nearly three years, since the Trump Administration made it clear that it planned to rescind…
Goal of Establishing Merit-Based Immigration System Undermined by Visa Hurdles
The Trump Administration has indicated it wants to establish a merit-based immigration system focusing on bringing more high-skilled workers to the United States. According to one Administration official, the aim is to attract “individuals who provide a cure for cancer or build that first subdivision on Mars.” Yet, it is becoming harder to obtain visas…