ENTRYLAW Blog - Immigration Attorneys Portland Oregon
DAPA 0, H-4 EAD 1
In two separate opinions authored by separate courts, the judiciary allowed H-4 EAD applications to proceed, and continued to hold back DAPA hopefuls from receiving EADs (Employment Authorization Documents, work permits basically). DAPA and expanded DACA: The State of Texas and other states sued DHS over Deferred Action for Parents of Americans (DAPA) and an expansion of the DACA program to remove the age cap and issue 3 year EADs, arguing the State of Texas would lose money by issuing driver's licenses to those who received DAPA and expanded DACA. The District Court in Texas blocked the program by issuing a court order (an injunction), and on May 26, 2015, the Fifth Circuit Court of Appeals in a 2 to 1 decision upheld the injunction. So for now, at least until the Supreme Court takes up the case, DAPA and expanded DACA continue to be on hold.H-4 EADs: A group of technology workers who used to work for Southern California Edison sued DHS over the regulations allowing work permits for H-4 dependent spouses of those H-1B workers who have had an immigrant petition approved on their behalf or who are eligible for extensions beyond the sixth year of H-1B status due to the initiation under certain circumstances of a green card process. On May 24, 2015, the District Court in the District of Columbia denied the tech workers' request to issue an injunction like the one in the DAPA case. So H-4 EAD applications will proceed. Today is the first day allowed for H-4 EAD applications.