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USCIS Ordered to Print Delayed Employment Authorization Documents

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On July 22, 2020 a group of foreign nationals filed a class action lawsuit against the U.S. Citizenship and Immigration Services (USCIS) based on delays in the issuance of employment authorization documents (EADs) following the approval of applications for employment authorization (form I-765). On August 3rd, the federal district judge overseeing the case handed the,

On July 22, 2020 a group of foreign nationals filed a class action lawsuit against the U.S. Citizenship and Immigration Services (USCIS) based on delays in the issuance of employment authorization documents (EADs) following the approval of applications for employment authorization (form I-765). On August 3rd, the federal district judge overseeing the case handed the plaintiffs a victory, ordering the USCIS to issue the EADs within seven days.

 

Case: 2:20-cv-03707-ALM-EPD Doc #: 1 Filed: 07/22/20

 

 

Background

The USCIS previously contracted with a third-party company to produce EADs and green cards. The USCIS planned to have federal employees take over the printing to cut costs, but in the interim, approximately 75,000 EADs have not been physically produced. This has resulted in many foreign nationals losing work authorization, as the I-765 approval does not grant work authorization without the physical EAD.

Lawsuit Does Not Help Those With Pending I-765s

It should be noted that this lawsuit only applies if a person has an I-765 that has been approved, but no EAD has yet been issued. Unfortunately, this lawsuit does not provide any relief to applicants with pending I-765 applications.

Conclusion

While this is good news for those awaiting EADs to be produced, an injunction hearing is set for August 10, 2020. The USCIS argues that there is no statute or regulation setting a timeline for action, while the judge responds that in the absence of a timeline in statute or regulation, the court retains jurisdiction to decide whether the delay was reasonable. The delay is an immediate threat of harm as individuals cannot provide for themselves and their families.

Source: USCIS Ordered to Print Delayed Employment Authorization Documents

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The EB-5 Immigrant Investor Program Is Suspended. What Happens Now?

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According to this article on Entrepreneur, by Shai Zamanian

“June 30, 2021 marked the sunset date for the United States EB-5 Immigrant Investor Program. This means that as of 1 July 2021, the United States Citizenship and Immigration Services are no longer accepting petitions submitted under the EB-5 Regional Center category. For the program to continue to operate and accept petitions it needs to be reauthorized by Congress and at this current time, Congress has not reauthorized the program. Therefore it is important to unpack what this means for the future of the program and its current investors.”

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What you need to know about latest DACA court decision

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According to this article on NEW YORK DAILY NEWS, by ALLAN WERNICK

“In a disappointing decision this week, U.S. District Court Judge Andrew Hanen of Texas ordered U.S. Citizenship and Immigration Services to stop approving new Deferred Action for Childhood Arrival (DACA) applications.

DACA is the program begun by President Obama that prevents deportations of some immigrants brought to the United States as children. The court order only applies to new DACA requests not approved by July 16.”

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USCIS and Deferred Action for Childhood Arrivals (DACA) updates

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According to this article on News India Times, by Dev B. Viswanath, Esq.

“On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the Deferred Action for Childhood Arrivals (DACA) policy “is illegal.” The Court: 1) granted summary judgment on plaintiffs’ Administrative Procedure Act (APA) claims; 2) vacated the June 15, 2012 DACA memorandum issued by former Secretary of Homeland Security Napolitano; 3) remanded the memorandum to DHS for further consideration; and 4) issued a permanent injunction prohibiting the government’s continued administration of DACA and the reimplementation of DACA without compliance with the APA. However, the Court, also, temporarily stayed its order vacating the DACA memorandum and its injunction with regard to individuals who obtained DACA on or before July 16, 2021, including those with renewal requests. This means that people that currently have DACA or people who are renewing their DACA approvals, may continue to file the same but there are additional implications.”

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