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District Court Issues Consent Order and Final Statement in Class Action Challenging Delay in Issuance of EADs

In case you missed it, the law firm Porter Wright Morris & Arthur LLP recently filed a lawsuit on behalf of its client and a class of 75,000 workers approved to work in the United States but awaiting production of their employment authorization document (EAD). The settlement includes benchmarks for the production of the EADs and provides a mechanism to allow workers to work legally until the EAD cards can be produced by allowing employees to use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019, through and including August 20, 2020, informing an applicant of approval of a Form I-765 as a Form I-9 List C #7 document. The backlog in the issuance of EADs is expected to be eliminated by the end of September. 

Tech Giants Back Legal Challenge to Trump’s Foreign Worker Restrictions

Reuters reports that U.S. tech firms including Amazon and Facebook filed an amicus brief yesterday backing a challenge to President Trump’s temporary ban on the entry of certain foreign workers. In the brief, filed in a lawsuit brought in California by major U.S. business associations, the companies argued the visa restrictions would hurt American businesses, lead employers to hire workers outside the United States, and further damage the struggling U.S. economy.

USCIS Publishes Final Rule on Employment Authorization for Asylum Applicants

Today, USCIS published a final rule making multiple changes to the regulations governing asylum applications and eligibility for employment authorization based on a pending asylum application. The rule is effective on August 25, 2020. On the Immigration Impact blog, the American Immigration Council’s Aaron Reichlin-Melnick writes that the rule “will strip most asylum seekers of the right to seek work authorization” and that, in response to concerns that the rule would force many into desperate straits, DHS suggested that asylum seekers become familiar with state homelessness resources.

USCIS Updates FY2020 H‑2B Cap Count

SCIS updated its H‑2B cap count for FY2020, stating that it has received 21,226 beneficiaries toward the 33,000 cap for the second half of FY2020, with 7,770 approved and 13,456 pending

USCIS announced a proposed rule to deny some asylum seekers work authorization.

USCIS announced a proposed rule that would deny work authorization to asylum seekers who entered the U.S. outside of a port of entry. The proposed rule also seeks to automatically end work authorization for asylum seekers whose application is denied and administratively final. Additionally, all asylum seekers who did not file asylum applications within 1 year of their last entry into the U.S. are ineligible for work authorization. The rule also clarifies that if an asylum seeker fails to appear for their appointment, their asylum application or work authorization can be denied. Last, any asylum seeker who was convicted of a felony or certain public safety offenses is ineligible for work authorization. The rule also gives discretion to officers to deny employment authorization for “unresolved arrests or pending charges.” The proposed rule has been published in the Federal Register and is open for comment until January 13, 2020.

Trump Officials Are Seeking to Double the Time Asylum Seekers Must Wait to Legally Work

Buzzfeed News reports that USCIS officials plan to propose a regulation that would double the time individuals who apply for asylum must wait before qualifying for a work permit, from 180 to 365 days. The proposal, which is not yet finalized, would apply to both affirmative asylum seekers who apply while already in the United States and to those who apply for asylum after crossing the border and being referred to immigration court.

DOL Provides Update on H‑2B Processing

DOL posted an update on H‑2B processing, including information on how date and time stamps were assigned and why some users continued to see an outage banner after the iCERT system was restored on January 7, 2019.

Advance Copy of USCIS Proposed Rule to Create Registration Requirement for Cap-Subject H‑1B Petitions

DHS announced a proposed rule that would create a registration requirement for cap-subject H‑1B petitions and change the rules so that the 65,000 “regular” lottery is run first, followed by the 20,000 “master’s” lottery.

USCIS Updates H‑2B Cap Count for FY2019

USCIS updated its H‑2B cap count for FY2019, stating that it has received 23,503 beneficiaries towards the 33,000 cap for the first half of FY2019, with 20,155 approved and 3,348 beneficiaries pending.

USCIS No Longer Accepting I-765 Service Requests at the 75-Day Mark

USCIS confirmed that it is no longer accepting service requests for I-765 applications that have been pending for more than 75 days unless the applications are outside of USCIS’s posted processing times.1:06 AM
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