Judge Upholds Right of Spouses of Certain H-1B Visa Holders to Work in the US

US District Judge Tanya Chutkan dismissed a law suit brought by Save Jobs USA against U.S. Department of Homeland Security (15-cv-0015, US District Court, District of Columbia) which challenged the rights of certain highly skilled H-1B visa holders’ spouses to work in the US. Judge Chutkan upheld rule which grants certain H-4 visa holders the right for work authorization parallel to their spouses’ H-1B visa validity for employment in the US. The same Judge had previously dismissed the suit, ruling that Save Jobs lacked standing to challenge the H-4 rule. However, a federal appeals court reversed that ruling in 2019 and revived the case.

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USCIS Policy Manual Update Related to Filing Deadlines Falling on Weekends and Federal Holidays

In its pursuit to increase flexibility related to filing deadlines, United States Citizenship and Immigration Services (“USCIS”) has announced a Policy Manual update regarding filings and responses whose due dates fall on Saturdays, Sundays, or federal holidays. Effective immediately, USCIS will consider a filing or response submitted on paper timely filed if it is received “by the end of the next business day” after the weekend or federal holiday. The Service notes that although the receipt date for these cases will continue to “reflect the date USCIS physically received the request, USCIS will consider the benefit request timely filed.”

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USCIS Announces New Mail Delivery Process for Receiving ADIT Stamp

United States Citizenship and Immigration Services (“USCIS”) has announced that US lawful permanent residents (“LPRs”) who find themselves without a valid Green Card in their possession to demonstrate their current LPR status may now receive temporary evidence of their status by mail, rather than having to physically visit a field office to receive an Alien Documentation, Identification and Telecommunication (“ADIT”) stamp, which is also known as an I-551 stamp.

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