January 27, 2022

Volume XII, Number 27

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Abeyance on H-4 EAD Lawsuit

On Sept. 27, 2017, the Department of Homeland Security (DHS) made a motion requesting the abeyance of the court’s decision in Save Jobs USA v. United States Department of Homeland Security, commonly referred to as “the H-4 EAD lawsuit,” until Dec. 31, 2017. The motion requests the delay to allow DHS time to evaluate the H-4 EAD rule in light of Executive Order 13788, “Buy American and Hire American.” “Buy American and Hire American” focused on protecting jobs and wages for U.S. workers and called on DHS to evaluate existing programs with this in mind. While the abeyance could be considered positive news in that it will delay the court’s final decision and protect H-4 EADs in the interim, H-4 EADs are unlikely to be viewed in a positive light when considered with E.O. 13788.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume VII, Number 277
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About this Author

Courtney Noce, Greenberg Traurig Law Firm, Atlanta, Immigration Law Attorney
Associate

Courtney B. Noce focuses her practice on U.S. business immigration, compliance and enforcement actions, as well as global immigration. She represents both large multinational companies and small start-ups on the full range of employment-based immigration, ranging from permanent residence (PERM, National Interest Waivers, Extraordinary Ability/Outstanding Researcher, Multi-National Managers, among others) to nonimmigrant visa categories (H-1B, H-3, J-1, L-1A/B, O-1, TN).

Courtney works closely with companies on complex challenges associated with...

678-553-2457
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