Pabian Law Clients,
I hope everyone had a nice week! Below, please find our latest update on the recent immigration actions that have occurred in the last two weeks:
Temporary Protected Status (TPS) Termination Paused for Haiti
On February 2nd, a federal judge blocked the U.S. Department of Homeland Security’s (DHS) decision to vacate TPS for Haiti. Therefore, Haitian TPS holders remain in status and their work authorizations (EADs) remain valid. However, the court did not specify the date that work authorizations are extended through. As with other TPS designations that were terminated, it is expected that DHS will appeal the court’s decision. At this time, employers are not required to reverify workers. However, because previous TPS designation decisions were appealed and ultimately terminated, it is recommended that employers encourage workers to contact their personal immigration lawyer to discuss their options in the event their TPS is terminated.
Government Shutdown Did Not Impact H-2B Visas
On January 29th, we sent out a Client Alert providing an update on a possible second government shutdown. Although there was a shutdown, it was only a four-day partial shutdown. On February 3rd, a massive funding package to end the shutdown was passed. The legislation will ensure full-year funding for the federal government through the end of September, except for DHS which will be placed on a two-week hold from funding.
Importantly, the separation of the DHS spending bill from other bills allowed the U.S. Department of Labor (DOL) to continue operating during the shutdown, permitting H-2B visa applications to continue processing. This is good news because it means we were able to continue filing Prevailing Wage Determination (PWD) and H-2B visa applications with the DOL. It also means that we continued to receive Notices of Acceptance (NOAs) and temporary labor certifications to be able to file petitions with U.S. Citizenship and Immigration Services (USCIS). Therefore, it was business as usual during the shutdown!
We hope that you find these resources helpful as we all try to make sense of what is really happening in the world of immigration law.
Thanks, everyone, and have a great weekend!
Best regards,
Keith and the Pabian Law Team