Tuesday, January 9, 2018

H-4 EAD in Jeopardy

Since May 2015, certain H- spouses of H-1B principals who have an approved I-140 have been able to apply for employment authorization pursuant to the Employment Authorization for Certain H-4 Dependent Spouses rule. This rule has since been under attack through a legal challenge in the Courts. We have recently learned through a review of the Trump Administration’s Fall 2017 Regulatory Agenda the DHS has tentatively scheduled the release of a proposed rule rescinding the H-4 EAD rule in February 2018.

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Tuesday, September 5, 2017

USCIS Expands In-Person Interview Requirements for Adjustment of Status Applications for Employment and Refugee/Asylee Relative Petitions

By Roujin Mozaffarimehr

On August 28, 2017, The USCIS announced that in-person interviews will now be required for applicants with adjustment of status applications based on employment (I-140 petitions), as well as Refugee/asylee relative petitions (I-730 petitions). This new requirement will be phased in at the beginning of the new fiscal year on October 1, 2017.

This new requirement is being implemented to comply with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States. The USCIS has confirmed in its

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Tuesday, September 5, 2017

The Department of State Revises the Foreign Affair Manual to Provide Consular Officers Guidance in light of Trump’s “Buy American and Hire American” Executive Order.

By Roujin Mozaffarimehr

As of August 2017, the Department of State (DOS) has updated its Foreign Affairs Manual (FAM), which details the policies and procedures by which Consular Officers are to follow in the issuance of visas at appointments abroad. These revisions have been made based upon President Trump’s April 2017 Executive Order (EO) 13788, “Buy American and Hire American.” This EO posits targeted directives with the goal of “ensure[ing] the integrity of the Immigration System in order to ‘Hire American.”

Prior to the FAM revisions and the April 2017 EO, the Immigration Bar and non-immigrant visa (NIV) holders traveling abroad have been gathering anecdotal evidence of rigorous adjudications at the consulate.

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Tuesday, September 5, 2017

Travelers Be Wary – International Travel on Pending I-131 Will be Deemed Abandonment

By Roujin Mozaffarimehr

The USCIS has changed its policy with regard to international travel while a form I-131 Application for Advance Parole is pending. In the past, the USCIS routinely approved advance parole applications where applicants traveled abroad during the pending period using an existing unexpired advance parole document, or H, K, L, or V visa. The USCIS Service Center Operation Directorate (SCOPS) has confirmed that the current policy is that travelling internationally while the I-131 application is pending will result in the denial of that application.

What does this mean for you?

If you have a pending I-131 application, please do not travel internationally until the application is approved. This also includes renewal applications, as well as renewal applications that are pending where the applicant has a current advance parole card.

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Wednesday, December 17, 2014

Executive Action: H-4 Employment Authorization

Our current laws do not allow the H-4 dependent spouses of H-1B holders to work in the U.S. This has resulted in a lost talent pool for the U.S., not to mention frustration by the H-4 dependents, and financial stress on families. Executive Action will finally extend employment authorization to certain H-4 dependent spouses...
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