Blog — Nadia Yakoob & Associates

Surprising New Twist in the Legal Battle over the H-4 EAD

The legal battle over the rule that allows spouses of certain H-1B workers to obtain work authorization had an unexpected development earlier this month. For the last five years, Save Jobs USA, a group of U.S. technology workers, has been challenging this rule as hurting U.S. workers. Since the Trump administration took office, the Department of Homeland Security (“DHS”) has been stalling this case, insisting that it plans on rescinding the rule, which would make the litigation unnecessary.

DHSNadia YakoobMay 19, 2020H-4 EAD

USIS Proposes Significant Fee Increases

U.S. Citizenship and Immigration Services (USCIS) plans to increase most of its government filing fees, and change the premium processing time to 15 business days instead of calendar days due to budgetary shortfalls.

DHS, H-1B, Nonimmigrant, USCIS, VisaNadia YakoobNovember 11, 2019USCIS, AOS, nonimmigrant, Naturalization, asylum applicant, premium processing

Poland Added to Visa Waiver Program

Beginning November 11, 2019, citizens of Poland will be eligible to visit the United States for business or leisure for up to 90 days without a visa. They will be admitted under the Visa Waiver Program (“VWP”).

DHS, NonimmigrantNadia YakoobNovember 8, 2019Visa, Poland, VWP, DHS, nonimmigrant

Implementation of Presidential Proclamation Requiring Health Insurance Halted

A federal judge in Portland, Oregon has temporarily stayed President Trump’s latest Proclamation, which would require applicants for immigrant visas to show their ability to obtain health insurance within 30 days of entry into the United States. The Proclamation was set to take effect on Sunday, November 3 but is temporarily on hold while the legal challenge to the Proclamation is adjudicated. If the Proclamation takes effect, applicants who fail to demonstrate the financial resources to obtain health insurance will have their visa applications denied.

DHS, Enforcement, USCISNadia YakoobNovember 5, 2019proclamation, USCIS, visa, DHS

Temporary Protected Status Extended for Nationals of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan

The Department of Homeland Security (DHS) plans to extend Temporary Protected Status for nationals of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan to January 4, 2021. DHS will automatically extend the validity of Employment Authorization Documents, Forms I-797, Notice of Action, and Forms I-94, Arrival/Departure Record (collectively, TPS-related documentation) to this date.

DHS, Enforcement, ImmigrantNadia YakoobNovember 4, 2019#TPS #DHS #Immigration #immigrationlaw #ead, i-94, I-797

ICE Visits at STEM OPT Worksites

According to news reports, Immigration and Customs Enforcement (ICE) have recently started on-site visits to employers of international students working on STEM Optional Practical Training (OPT). These visits are to confirm that the information on the training program, Form I-983, is accurate.

STEM OPT, Immigrant, Enforcement, DHS, ICENadia YakoobOctober 24, 2019ICE, DHS, stem opt, Site Visits

Federal Courts Temporarily Stop Implementation of New “Public Charge” Rules

Three federal courts across the United States have temporarily suspended the enforcement of the Department of Homeland Security’s new “public charge” rule, which was set to take effect on October 15, 2019. This new rule redefines how the agency can determine whether a foreign national is at risk of needing public assistance, which would make the foreign national ineligible for admission, extension of status, or permanent residence.

H-1B, DHS, Enforcement, Immigrant, USCISNadia YakoobOctober 23, 2019immigration law, immigration, DHS, USCIS, Public Charge, H-1B, Department of State

Repeal of H-4 EAD Delayed Until Spring 2020

The publication of a proposed rule that would rescind the H-4 EAD has been delayed until at least spring 2020. In a letter submitted by the Department of Homeland Security (“DHS”) to the U.S. Court of Appeals for the District of Columbia last week, the agency confirmed that while it still plans on publishing a rule to repeal the H-4 EAD, the proposed rule is still undergoing interagency review. DHS also stated that the spring 2020 date was “aspirational.”

Nonimmigrant, DHSNadia YakoobSeptember 23, 2019H-4, U.S. Court of Appeals, DHS, H-4 EAD, H-1B

New Rules for "Public Charge" Ground of Inadmissibility

Earlier this week, the Department of Homeland Security (“DHS”) published a final rule concerning the “public charge” grounds under the immigration statute for denying admission, extension of status, and permanent residence to foreign nationals. The rule will take effect after 60 days, on October 15, 2019, unless litigation prevents its implementation.

DHS, Immigrant, NonimmigrantNadia YakoobAugust 16, 2019inadmissibility, permanentresidence, immigration, immigrationlaw, dhs

Temporary Protected Status for Citizens of Syria Extended

The Department of Homeland Security has decided to extend Temporary Protected Status (“TPS”) for nationals of Syria for a period of eighteen months. TPS designation for Syria was scheduled to end on September 30, 2019. The DHS decision will extend it through March 31, 2021.

DHS, NonimmigrantNadia YakoobAugust 13, 2019TPS, #syria, #TPSsyria, dhs