Work Authorization
Work authorization allows non-citizens to be employed in the U.S. This is essential for maintaining a robust and diverse economy because it enables workers with various backgrounds and skills to contribute to the economy. We advocate on behalf of those who seek employment authorization here and work to shape policy that makes the process easier to navigate.

Implications of Judulang v. Holder for LPRs Seeking § 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies
This Practice Advisory describes the Supreme Court’s decision in Judulang v. Holder, which rejected the BIA's "comparable grounds" test for § 212(c) relief, and offers strategies for lawful permanent residents and others who may be affected by it. Read More

Inspection and Entry at a Port of Entry: When is there an Admission?
This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status. Read More

Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD). Read More

Rescinding an In Absentia Order of Removal
There are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases: (1) they did not receive notice of the hearing, and (2) they did not appear at their hearing because of exceptional circumstances. This Practice Advisory addresses the elements and requirements for an in absentia motion to reopen in both contexts. Read More

Return to the United States After Prevailing on a Petition for Review or Motion to Reopen
This Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals. Read More

Screening Potential DACA Requestors for Other Forms of Relief
This Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals might be eligible for immigration benefits. Read More

DHS Secretary Johnson Discusses Border Security, Executive Action, Refugees and PEP
On Thursday, Secretary Jeh Johnson of the Department of Homeland Security (DHS) addressed the 12th Annual Immigration Law and Policy Conference, covering a wide-range of topics, from border security to the new Priority Enforcement Program (PEP) to executive action and refugees. Secretary Johnson began his remarks calling attention to… Read More

Will the Guidance on Extreme Hardship Waivers Allow More Individuals to Become Permanent Residents?
This week, U.S. Citizenship and Immigration Services (USCIS) issued draft guidance on what constitutes “extreme hardship” for purposes of an immigration waiver. The much anticipated guidance is a component of the Administration’s executive actions on immigration announced in November 2014. Many had hoped that the guidance, and its potential… Read More

Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed
Washington D.C.– Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) for unlawfully delaying the adjudication of their applications for employment authorization. Filed by the American Immigration Council,… Read More

Employment Authorization Documents Adjudication Delays
Faced with increasing reports from immigration lawyers of Employment Authorization Documents adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS. Read More
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