Benefits & Relief
Supreme Court Decides Immigrants Can “Age-Out” of Visa Petitions
In Scialabba v. Cuellar de Osorio, a heavily-divided Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents’ visa petitions as minors, but who turned 21—known as “aging-out”—before visas became available. Aging-out is tantamount to someone losing his place in the visa line… Read More
Changes Could Help Spouses of H-1B Visa Holders Work in U.S.
The spouses of some H-1B visa holders could receive work authorization in the U.S., according to a proposed rule change the Department of Homeland Security announced Tuesday. This change, as well as a proposal that would remove obstacles to staying in the U.S. for specific high-skilled workers,… Read More
Supreme Court Considers Restrictive Interpretation of Child Status Protection Act
Yesterday, the Supreme Court heard oral arguments in Mayorkas v. Cuellar de Osorio, a case challenging the government’s restrictive interpretation of the Child Status Protection Act (CSPA). The CSPA provides relief for the longstanding problem of children included on a parent’s visa application who “age out” –… Read More
Months After Passage, Anti-Immigrant Group Still Mischaracterizes Senate Bill
The immigration reform bill (S.744) that the Senate passed in June would fix our broken work visa programs for lower skilled, higher skilled, and agricultural workers; eliminate decades-long backlogs in our immigrant visa programs; increase job and wage protections for U.S. workers; and greatly increase our investment in border security. In addition, the bill would have fiscal and economic effects that would be overwhelmingly positive, according to the Congressional Budget Office (CBO). If enacted, the bill would help reduce the federal budget deficit by approximately $1 trillion over 20 years, would boost the U.S. economy as whole without negatively affecting U.S. workers, and would greatly reduce future undocumented immigration, according to the CBO. However, the Federation for American Immigration Reform (FAIR) released a report this week criticizing the bill. They claim S.744 offers an immediate “amnesty” for the undocumented, lacks specific metrics for measuring border enforcement, weakens the visa entry-exit system, and creates a “nebulous new system” that fails to protect Americans from illegal foreign workers. Read More
Report Provides Solutions to Broken Asylum Employment Authorization Clock
Asylum applicants and their attorneys have long struggled to better understand how the employment authorization asylum clock (“EAD asylum clock”) functions. The clock, which measures the number of days after an applicant files an asylum application before the applicant is eligible for work authorization, affects potentially more than 50,000 asylum applicants each year. While the law requires asylum applicants to wait 150 days after filing an application to apply for a work permit and in some instances, permits the government to extend this waiting period by "stopping the clock" for certain incidents caused by the applicant, some applicants often wait much longer than the legally permitted timeframe to receive a work permit, which can cause a host of problems. Read More
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