On April 23, 2015, the Immigration Reform Law Institute (IRLI) filed a lawsuit to block the Department of Homeland Security’s recent announcement that it would accept applications for employment authorization by certain H-4 spouses of H-1B visa holders with approved I-140 petitions. The Immigration Reform Law Institute is a supporting organization to the Federation for American Immigration Reform (FAIR). IRLI and FAIR are national, non-profit, public interest organizations that oppose illegal and legal immigration in the United States in all forms.
The stated mission of the Immigration Reform Law Institute is “to protect and defend the legal rights, privileges, and property of the American people and their communities from the injuries and damages caused by unlawful immigration and unregulated legal immigration, to monitor and hold accountable federal, state, or local government officials who undermine, fail to respect, or comply with our national immigration and citizenship laws, and to provide expert immigration-related legal advice, training, and resources to public officials, the legal community, and the general public.”
The stated mission of the Federation of American Immigration Reform is “to examine immigration trends and effects, to educate the American people on the impacts of sustained high-volume immigration, and to discern, put forward, and advocate immigration policies that will best serve American environmental, societal, and economic interests today and into the future.”
At this point, the DHS announcement to extend work authorization to certain H-4 spouses will proceed as planned on May 26, 2015. Only if the Immigration Reform Law Institute successful on its motion to enjoin the DHS from proceeding with its announced plan will certain H-4 spouses be prevented from acquiring work authorization at the end of May. It is unlikely for the Court to issue such an injunction.