On June 10, 2020, the United States District Court for the Southern District of Florida denied a major multinational manufacturing corporation’s (“corporation” or “defendant”) motion for summary judgment to dismiss
Continue Reading District Court Protects DACA, Affirms DOJ Guidance in Hiring Discrimination Case
As you may have read, many media outlets and other sources are reporting that the Trump Administration plans to issue an additional Proclamation or Executive Order (EO) in the coming
Continue Reading Possible Presidential Proclamation to Limit Entry of Foreign National Workers into the U.S. and additional regulatory measures on the Horizon
Coronavirus Disease 2019 (COVID-19) has just been declared a pandemic by the World Health Organization, and is spreading throughout the United States and beyond. As a result, some businesses,
Continue Reading Compliance During the Coronavirus Disease 2019 Escalation
The United States Citizenship and Immigration Service (USCIS) processing times for Employment Authorization Document (EAD) applications continue to increase despite already being at record highs. EADs are relied upon by many categories of foreign nationals to allow them to work lawfully in the United States. The processing times vary by USCIS Service Center, in addition to the category in which the applicant is eligible for employment authorization. The largest percentage of EAD applicants are in a humanitarian-based status, which may designate specific conditions associated with an initial EAD application and its renewal.
Continue Reading Continued Delays in Employment Authorization Document USCIS Processing Times
E-Verify released a reminder on Sept. 27, 2019, that certain employment authorization documents (EADs) issued by United States Citizenship and Immigration Services (USCIS) to Temporary Protected Status (TPS) beneficiaries from
Continue Reading Reminder of the Automatic EAD Extension for Certain TPS Beneficiaries
As we previously reported, in January 2018 the Department of Homeland Security (DHS) automatically extended Temporary Protected Status (TPS) for nationals of Honduras for six months through an automatic extension, given that DHS did not make a decision regarding Honduras’s designation which was set to expire. At the time, Honduras’s TPS designation was automatically extended to July 5, 2018, and the employment authorization document (EAD) cards were automatically extended for 180 days, until July 4, 2018.
Continue Reading Designation of Honduras for TPS Terminated
On Sept. 27, 2017, the Department of Homeland Security (DHS) made a motion requesting the abeyance of the court’s decision in Save Jobs USA v. United States Department of Homeland
Continue Reading Abeyance on H-4 EAD Lawsuit
On Oct. 2, 2017, U.S. Citizenship and Immigration Services (USCIS) announced the release of an updated Form I-765 Application for Employment Authorization which allows an applicant to apply for their
Continue Reading New USCIS and SSA Information-sharing Program
Acting Secretary of Homeland Security, Elaine Duke, has extended Temporary Protected Status (TPS) for eligible nationals of South Sudan, but announced the end of TPS designation for citizens of Sudan.
Per the announcement, citizens of South Sudan may apply for an 18-month extension of TPS, until May 2, 2019, due to the ongoing armed conflict and extraordinary conditions in the country. Current beneficiaries of South Sudan’s TPS designation seeking to extend their TPS status must re-register (the deadline for re-registering was published in the Federal Register). Those who re-register and request a new employment authorization document (EAD) may receive an automatic extension of their expiring EAD for up to 180 days from the date their current EAD expires. Once approved, the new EADs will have an expiration date of May 2, 2019. Individuals should re-register and file their EAD applications as early as possible to avoid lapses in employment authorization, particularly as EAD applications are taking at least 90 days to process.
Continue Reading TPS Extended for South Sudan, but Ended for Sudan
USCIS announced today that it will resume its premium processing service for all H-1B petitions that are subject to this year’s H-1B cap. This news provides much needed relief to employers and foreign nationals, particularly in those situations where an employee is relying on F-1 optional practical training (OPT) cap gap provisions for work authorization. F-1 OPT cap gap work authorization will expire on Sept. 30, 2017, leaving foreign nationals unable to work unless their H-1B petition is approved before Oct. 1, 2017, or they are able to secure alternative work authorization, which is unlikely for most.
Continue Reading USCIS to Resume H-1B Premium Processing for Petitions Filed under FY2018 Cap