A Federal judge in Texas has issued a temporary injunction against the implementation of DAPA and the expanded DACA program, which would provide relief to millions of undocumented parents of U.S. Citizens and Permanent Residents. These provisions are aimed at protecting unauthorized immigrants from deportation.

Specifically, the temporary injunction issued by U.S. District Judge Andrew Hanen, prohibits the federal government from carrying out programs that would grant deferred action and work permits to unauthorized immigrants. The immediate impact will most likely delay the application process of the new program while the case moves forward.

Noticeably, the temporary injunction does not cover any of the employment based provisions announced by the President as part of his plan to fix the legal immigration system. Therefore, this decision will not halt employment based provisions, including the H-4 EAD rule that is now nearing the end of the rule-making process. One of the major complaints about the order to issue relief to over 5 million undocumented immigrants was that the Administration did not run the orders through the rule-making process.

 

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.

By Adena Bowman, Attorney at Law

Previously, it took only two or three months to process the application to renew your EAD. However, the current processing time can run as long as four months. Faced with longer processing times, it is vitally important to know when your EAD is going to expire.

The EAD (Employment Authorization Document) is valid for a one or two year period. The EAD will need to be renewed while the applicant waits for their green card application to be approved. The window to file the EAD renewal is 120 days before the expiration of the current EAD. The I-765 Application for Employment Authorization used to renew the EAD may not be filed more than 120 days before the expiration of the current EAD. If an I-765 Application to renew the EAD is filed before this 120 day window, the application will be rejected.

You should calculate when the 120 day window to file for a renewal is available for you, and file as soon as this window opens. This will prevent a situation where your application is either rejected for being filed too soon, or being without a valid EAD for longer than necessary as you wait for your application to be processed.

 

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.

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In February 2012, U.S. Citizenship and Immigration Services (USCIS) proposed a rule to the Office of Management and Budget (OMB) which would allow certain H-4 spouses to apply for an Employment Authorization Document (EAD). The OMB undergoes a thorough reviewing process for all significant rules proposed by executive agencies, such as USCIS, to ensure that the rules reflect Presidential priorities.

Read more: IMPORTANT UPDATE ON H-4 EAD RULES