Bill Introduced in Congress to Grant Citizens of Nepal Temporary Protected Status

Contributed by Kim Tremblay, Associate Attorney

Citizens of Nepal impacted by the recent earthquake who currently have status in the United States or are waiting to obtain status, may benefit from certain relief measures that the U.S. government has put into place.  Attorney Melanie Corrin blogged about these measures on May 6, 2015.

In addition to the measures announced to help Nepali nationals in the United States, a bill was introduced in Congress on April 27, 2015 to grant Nepali citizens Temporary Protected Status (“TPS”).  The government has historically granted temporary status to nationals of countries impacted by certain  natural and human-made disasters.  Usually these designations allow citizens of the designated country who have been physically present in the United States from a certain date to apply.  Most recent TPS designations include Haiti and Syria.  Individuals granted TPSreceive temporary status and work authorization that typically lasts eighteen months and must be renewed.  They can also apply for authorization to travel outside of the United States temporarily.  The bill introduced would permit Nepali citizens who have been in the United States since April 25, 2015 to apply.  Certain criminal convictions disqualify individuals from applying for TPS.  

The bill is currently under review by the Subcommittee on Immigration and Border Security. Thus, Nepalis should beware of claims that they are currently eligible for TPS and should look out for DHS updates on TPS for citizens of Nepal.   

Moreover, if you think you can benefit from the measures announced earlier this month, you should contact an immigration attorney for assistance. 

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Fifth Circuit Court of Appeals Denies Emergency Stay in DAPA/Expanded DACA Litigation

Contributed by Koby Polaski, Senior Attorney

In breaking news on Tuesday, May 26, the Fifth Circuit Court of Appeals denied the Obama administration’s request to lift the current injunction on the president’s executive actions on immigration. If the Court of Appeals had granted the Obama administration’s request for an emergency stay, the injunction would have been removed and the federal government could resume implementing DAPA and expanded DACA. Unfortunately, under today’s ruling, the injunction remains in place, further delaying the implementation of both programs. 

To summarize: the appeals court found that Texas, and the other twenty-five states that joined in the lawsuit, had sufficient legal ground to bring the lawsuit and that the federal government had not demonstrated sufficient harm if the injunction remained in place. 

Although this decision comes as a blow to the Obama administration, as well as the millions of potential DAPA and expanded DACA applicants, it is important to remember that this is not a final decision on the legality of these programs. We continue to wait for a decision on the merits from the district court level.

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Premium Processing Temporarily Suspended for H-1B Extension of Status Requests

Contributed by Jennaweh Hondrogiannis, Associate Attorney

In order to implement the Employment Authorization for Certain H-4 Spouses final rule, the U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended premium processing for H-1B nonimmigrants applying to extend their status. Premium processing provides expedited processing of certain employment-based applications. More specifically, USCIS guarantees that the applications filed under Premium Processing will be adjudicated within 15 calendars days of the filing date or USCIS will return the Premium Processing fee. 

This temporary suspension is expected to last until July 27, 2015. USCIS expects to receive an extremely high volume of Form I-765 applicants once the final rule becomes effective today, May 26, 2014. In an effort to provide good customer service to H-1B petitioners and H-4 applicants, USCIS will temporarily suspend premium processing but will review its caseload to determine whether Premium Processing applications can be accepted before their projected date of July 27, 2015.

Providing employment eligibility to H-4 dependents was an important component of President Obama’s executive actions announced in November of 2014. Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

•  Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or,

• Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21^st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

Under the rule, H-4 dependents who are eligible for work authorization must file Form I-765, Application for Employment Authorization, with the associated $380 filing fee and required supporting documents. USCIS has begun accepting applications as of today, May 26, 2015, and expects to receive as many as 179,600 applications in the first year and 55,000 annually in subsequent years. 

If you have any questions about how the suspension of premium processing might affect your case or if you would like to find out more about your eligibility for work authorization as an H-4 dependent, please call to speak with one of our experienced immigration attorneys at 303-297-9171.

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Jeb Bush Says He Would Not Repeal DACA and DAPA if Elected

Contributed by Aaron Hall, Partner

The 2016 Presidential election is more than a year away, but candidates are already staking out their positions on President Obama’s Executive Actions on immigration.  The Executive Actions, and in particular the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA), have been the subject of heated argument both amongst politicians and in the courts. 

Many Republican contenders have already indicated that they would repeal these programs on the day they step into the oval office.  The assumption has therefore been that a Republican president would repeal the programs and that a Democratic president would keep them in place.  But Bush, a leading Republican candidate who has criticized the executive actions, told Fox News that he would not immediately repeal the programs but would rather undo them by “passing meaningful reform of immigration and make [the repeal of the executive actions] part of it.”

Bush reiterated his support for giving undocumented immigrants a path to legalization, asking, “What are we supposed to do? Marginalize these people forever?"

Bush’s statement that Obama’s executive orders would stay in place until a legislative fix is enacted gives further hope to DACA and DAPA grantees and applicants that their grants of deferred action would continue into the next administration, regardless of which party wins the 2016 election.

Bloomberg.com Article on Jeb Bush Interview

Information on DAPA and DACA

Jeff Joseph Explaining Obama’s Executive Actions (video)

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USCIS Offers Assistance to Nepali Nationals in the United States

Contributed by Melanie Corrin, Partner

The United States Citizenship & Immigration Service announced today that it would offer temporary, emergency services to Nepali citizens stranded in the United States due to the devastating earthquake on April 25, 2015.

Measures that may be available to eligible Nepali nationals upon request include:

• Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;
• A grant of re-parole;
• Expedited processing of advance parole requests;
• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications, where appropriate;
• Consideration for waivers of fees associated with USCIS benefit applications, based on an inability to pay; and
• Assistance replacing lost or damaged immigration or travel documents issued by USCIS, such as Permanent Resident Cards (green cards).

Please contact Joseph Law Firm if you are experiencing emergent need.  

uscis.gov/humanitarian/special-situations

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