Immigration @ Work

Spouses, Dreamers, and TPS

by Marylou V. Fabbo

Although not that surprising in the ever-changing immigration landscape, there have been changes in some of the matters we recently blogged about.  Here’s our update.

H-4 (Spouses) EAD Rescission Delayed

Last month we blogged about the fact that the Department of Justice and the Department of Homeland Security have stated that they intend to rescind EADs for H-4 visa status holders.  The proposed rule to terminate the program that allows certain H-4 spouses to obtain EADs is now not expected to be published until at least June 2018.  This is a six-month extension from the February 2018 anticipated date of publication.

Courts Disagree on Legality of Trump Administration’s Decision to end the Deferred Action for Child Arrivals (DACA) Program

In September, we blogged about the Attorney General Jeff Sessions’ announcement that the government would be ending the DACA program. That announcement spurred numerous lawsuits challenging the legality of doing so.  Federal judges in California and New York have questioned the administration’s decision to end DACA and ordered U.S. Citizenship and Immigration Services (USCIS) to accept renewal applications while the cases proceed.  In February, USCIS announced that due to federal orders, it would again accept renewal requests from those with DACA status.

However, more recently, a federal judge in Maryland ruled that the Trump administration’s decision to end the Deferred Action for Childhood Arrivals program was lawful. The decision (like the California and New York decisions) is likely to be appealed.  It sets up a potential split among the federal appeals courts and increases the chances that the issue will wind up before the U.S. Supreme Court.

If an employee’s EAD is through DACA, the code on the front of the EAD card used for I-9 purposes is C-33.

Temporary Protected Status (TPS) Re-Registration Taking Place Now

While not a change in policy, we thought that we would remind you about TPS Re-Registration.  On February 15th, we blogged about those with Temporary Protected Status and the need to re-register.  Right now, individuals with TPS under Syria’s designation who want to maintain their status through Sept. 30, 2019, must re-register between March 5, and May 4, 2018. Re-registration procedures, including how to renew employment authorization documentation, have been published in the Federal Register and on the USCIS website.  Applicants may request an Employment Authorization Document (EAD) when they file the request to maintain their status or separately.  Forms for doing both can be found at

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