On October 3, 2018, California U.S. District Judge Edward Chen granted a preliminary injunction in the case of Ramos v. Nielsen, preventing the Department of Homeland Security from terminating Temporary Protected Status for El Salvador (scheduled to end on 9/9/19), Haiti (7/22/19), Nicaragua (1/5/19), and Sudan (11/2/18). The injunction remains in place until the Court lifts it or the lawsuit ends. Continue Reading California Court Temporarily Enjoins Administration from Ending Temporary Protected Status; Other TPS Lawsuits Proceed
In a February 28, 2018, status update filing with the U.S. Court of Appeals for the District of Columbia in the matter of Save Jobs USA v. United States Department of Homeland Security, the Department of Homeland Security (“DHS”) stated its inability to issue a Notice of Proposed Rulemaking (“NPRM”) on the rescission of H-4 EADs by its initial intended timeframe of February 2018. DHS now expects to issue the NPRM in time for publication in June 2018.
DHS explained that after review of the draft proposal by the United States Citizenship and Immigration Services, a determination was made that significant revisions were required, including requiring a new economic analysis, which could take several weeks to complete. In this status update, DHS reiterated that its intention to publish an H-4 EAD NPRM remains unchanged.
How the rule will immediately affect employers who employ H-4 EAD workers still remains unclear. DHS may either cancel valid H-4 EADs, render H-4 EADs invalid on a certain date, or prohibit the renewal of H-4 EADs. Therefore, employers should seek immigration counsel as soon as possible to mitigate any risks from the expected removal of H-4 individuals, who are currently employment eligible, from the class of employment-authorized nonimmigrants.
The Department of Homeland Security (DHS) announced that because the conditions in Sudan no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on November 2, 2017, will terminate on November 2, 2018. TPS allows qualifying persons inside the United States to remain and work lawfully in the United States until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations. The final year of designation gives those unable to acquire another legal status time to prepare to depart the United States by the TPS termination date.
Nationals of Sudan holding TPS status have until December 11, 2017, to re-register to extend their status through the designation end date of November 2, 2018. Employment authorization documents held by qualifying individuals already set to expire on November 2, 2017, are automatically extended through May 1, 2018. Employers can rely on the DHS announcement for I-9 employment verification and re-verification purposes.
U.S. Citizenship and Immigration Services (USCIS) has announced a significant expansion of in-person interviews for individuals applying for permanent residence based on an offer of employment. The policy also applies to a much smaller population of beneficiaries of I-730 Refugee/Asylee Relative Petitions who are inside the United States. The new policy will begin on October 1, 2017, and is expected to result in more than 130,000 additional interviews conducted each year at USCIS District Offices throughout the country. Affected applicants should expect significant processing delays, as these interviews will be conducted by an agency that is already struggling to keep up with current processing demands. These interviews will be conducted at the final stage of the permanent residency application process, called adjustment of status.
Continue Reading USCIS to Expand In–Person Interviews for Employment Based Permanent Resident Applicants
Hunton & Williams LLP, on behalf of Catholic Charities Immigration Legal Services, the Episcopal Bishop of Haiti, and a coalition of 49 U.S. charitable organizations, has launched an effort to put as much as $1 billion directly into the Haitian economy over the next three years as the country recovers from the recent devastating earthquake.
The Department of Homeland Security (DHS) may designate a country for Temporary Protected Status (TPS) when conditions make it unsafe for citizens of that country who are in the United States to return. TPS is usually granted when there is ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. Due to the recent 7.0 magnitude earthquake, DHS has designated Haiti for TPS.