Changes to I-9 Rules

Lawsuits against the USCIS do work and spur change. As a result of a class action lawsuit filed by AILA member Rob Cohen, which challenged the post-approval delays in EAD issuance, USCIS will now allow people to show the I-797 approval notice as proof of authorization to work: See this update on I-9 Central The… Continue reading Changes to I-9 Rules

Update on Save Jobs USA’s Lawsuit regarding H4 EAD’s

The group of information technology workers know as Save Jobs USA, who claim that they were replaced by H-1B visa holders is now appealing a decision upholding a new U.S. Department of Homeland Security rule that would allow spouses of certain H-1B workers to apply for employment authorization, the H4 EAD rule. On Wednesday, September… Continue reading Update on Save Jobs USA’s Lawsuit regarding H4 EAD’s

Final Rule Increasing OPT For STEM Students Released

The final rule was release today, March 9, 2016, this document is unpublished on the Federal Register, but on 03/11/2016 it is scheduled to be published and available. Until then, you can see the pre-publication PDF version here: Final OPT STEM rule. The rule will go into effect in May. The highlight of the new… Continue reading Final Rule Increasing OPT For STEM Students Released

Update on STEM OPT Extension Lawsuit

The Washington Alliance of Technology Workers (WashTech) continues its lawsuit in an attempt to end STEM OPT. On Feb. 4 WashTech sought review of the Aug. 12 order from U.S. District Judge Ellen Segal Huvelle, which vacated the 2008 rule extending the OPT period for foreign students with science- and math-related (STEM) degrees by 17… Continue reading Update on STEM OPT Extension Lawsuit

8th Circuit Weighs in on I-140 Revocations

On December 1, 2015, the 8th Circuit decided Rajasekaran v. Hazuda, 2015 BL 393183, 8th Cir., No. 14-3623, 12/1/15, and found that Courts can’t review USCIS failure to provide reasons for I-140 revocation, and an I-140 that wasn’t valid to begin with isn’t made valid by an immigrant changing jobs pursuant to the AC21 portability… Continue reading 8th Circuit Weighs in on I-140 Revocations

Same or Similar Memo

On November 20, 2015, the USCIS released its draft memo on Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability for comment. A copy can be found here. The memo details how Officers should evaluate two different sets of job duties as they… Continue reading Same or Similar Memo

Update on Save Jobs USA v. Department of Homeland Security

A few weeks ago the United States District Court denied Save Jobs USA’s motion for a temporary injunction of the H4 EAD program. Save Jobs USA has now moved for judgment on all counts in its complaint. Save Jobs USA continues to argue that the new rule creates more competition for U.S. employees from H-1B… Continue reading Update on Save Jobs USA v. Department of Homeland Security

USCIS issues FAQ on “cap-gap” rules

With the H-1b cap season in full swing, the USCIS has issued a new set of FAQ on the subject of “cap-gap”.  A “cap-gap” occurs when a foreign student’s EAD card, issued pursuant to the OPT rules, expires prior to October 1, 2011. The USCIS has adopted rules that provides for an automatic extension that allows… Continue reading USCIS issues FAQ on “cap-gap” rules

Thanks USCIS ! Why didn’t we think of that ?

The USCIS has announced that it will now begin  issuing employment authorization documents and advance parole documents on a single card for certain I-485 applicants.  The card looks similar to the current employment authorization document (EAD) but includes a text that reads, “Serves as I-512 Advance Parole”.  Employers may accept the new card as a… Continue reading Thanks USCIS ! Why didn’t we think of that ?