Department of Homeland Security United States Citizenship and Immigration Services

The Department of Homeland Security is a federal executive department established in 2002 in response to the September 11th terrorist attacks. DHS was formed by combining twenty-two existing federal departments... more +
The Department of Homeland Security is a federal executive department established in 2002 in response to the September 11th terrorist attacks. DHS was formed by combining twenty-two existing federal departments and agencies. The consolidation was aimed at creating a better integrated, more effective organization to respond to terrorist attacks and other varied threats facing the United States and its territories.  less -
News & Analysis as of

USCIS to Accept Employment Authorization Applications from Certain H-4 Dependent Spouses

Beginning May 26, 2015, the United States Citizenship and Immigration Services (USCIS) will accept applications for employment authorization from certain H-4 Dependent Spouses. The USCIS will reject any applications received...more

Lawsuit Seeks to Block New DHS Rule Granting EADs to Certain H-4 Spouses

As previously reported, beginning on May 26, 2015, the U.S. Department of Homeland Security (DHS) will begin the implementation of a new rule allowing for Employment Authorization Documents (EADs) to be issued to certain H-4...more

DHS Asks Court to Dismiss Lawsuit Challenging H-4 Work Authorization

While the lawsuit challenging President Obama’s executive action continues to garner headlines, an additional lawsuit has been filed contesting another part of the executive actions that DHS is attempting to implement. This...more

DHS and DOL Issue H-2B Rules

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs....more

USCIS Proposes: L-1B Adjudications Policy

The Key – Applying the “Preponderance of the Evidence” standard”? Immigration practitioners are trying to figure out what to make of the proposed Policy Memorandum on L-1B Adjudications Policy (hereinafter “Guidance”)...more

Work Authorization Extended to Certain H-4 Visa Holders

Late last year, I wrote on the controversial executive actions on immigration that President Obama announced in November. As I noted then, those executive actions include several initiatives that will make it easier for...more

OPT Program Under Attack

While a lawsuit challenging President Obama’s executive action has garnered headlines recently, another lawsuit that could negatively impact the labor supply and increase the cost of doing business for employers has largely...more

What H-4 Visa Holders Need to Know about Employment Authorization

Under new rules announced by the Department of Homeland Security (DHS) at the end of February, beginning May 26, 2015, H-4 visa holders who are the dependent spouses of H-1B visa holders will be eligible for employment...more

Spouses of H-1B Workers Can Now Seek Employment

The Department of Homeland Security (DHS) recently announced that, beginning May 26, 2015, certain H-4 visa holders will be eligible for employment authorization. Currently, H-4 visa holders – dependent spouses and children...more

New Immigration Regulations Authorize Employment for Certain H-4 Spouses

Starting May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants will be permitted to apply for work authorization in the United States. Those permitted to work include individuals in H-4 status whose H-1B spouses...more

Avoiding an Immigration Nightmare: The Importance of Knowing When a Work Visa is Necessary

On January 30, 2015, Los Angeles Dodgers relief pitcher Joel Peralta faced what many business immigration practitioners would refer to as an avoidable immigration nightmare....more

House Relents on DHS Funding Debate; Leaves Executive Action on Immigration to Be Fought in the Courts

Legislative Update: On March 3, 2015, the U.S. House of Representatives agreed to strip language that would have rolled back President Obama’s executive action on immigration out of a hotly contested Department of Homeland...more

Congress Finally Funds DHS & USCIS

Congress finally passed a funding bill to keep the Department of Homeland Security (including USCIS) open. It will now be sent to President Obama’s desk for his signature (he is expected to sign the bill). The bill will fund...more

USCIS Acts to Eliminate Employment Disruption for Professional Workers

Employers who seek to reduce disincentives that currently encourage H-1B non-immigrant employees to abandon adjustment to lawful permanent residence status will benefit from a new employment authorization rule announced on...more

New DHS Rule Extends Eligibility for Work Authorization to H-4 Dependent Spouses of Certain H-1B Workers Starting May 26, 2015

In a historic move, effective May 26, 2015, the Department of Homeland Security ("DHS") will allow, for the first time, H-4 spouses of H-1B workers who are pursuing permanent residence ("green cards") to apply for work...more

DHS Funding Hangs In Balance While Congress Squares Off Over Executive Action on Immigration

Congressional standoff over immigration plays out through debate on DHS funding bill - A chess match continues to be fought in Congress over the fate of President Obama’s executive action on immigration. The standoff...more

Immigration Update: A Small Step in the Right Direction

Until recently, the U.S. Citizenship and Immigration Services (USCIS) did not allow the dependent spouses of H-1B (specialty occupation) visa holders to engage in any form of employment while living in the U.S. H-4 visa...more

H-4 Spouse Employment Authorization and H-1B Cap Reminder

On May 26, 2015, USCIS will begin accepting employment authorization applications for some H-4 dependent spouses. H-4 spouses are eligible for work authorization if their H-1B spouses have...more

DHS Funded for One More Week; Shutdown Temporarily Averted

Republican leaders and both branches of Congress failed Friday to come to a long-term agreement to provide fiscal year funding for the Department of Homeland Security (“DHS”) and provide confidence that a DHS shutdown will be...more

FAQs on H-4 Employment Authorization Final Rule From DHS

On February 25, 2015, the U.S. Department of Homeland Security (DHS) published a final rule confirming that certain H-4 spouses will be eligible to apply for U.S. work authorization. The following is an outline of the new...more

Certain H-4 Dependent Spouses of H-1B Nonimmigrants May Apply for Employment Authorization

President Obama’s immigration executive order provides an opportunity for certain H-4 dependent spouses of H-1B nonimmigrants to obtain employment authorization. Until now, H-4 nonimmigrants were not permitted to work in the...more

Eligibility extended for certain H-4 dependent spouses of H-1B nonimmigrants

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment...more

H-4 Visa Holders Soon To Be Able To Work

The Department of Homeland Security (DHS) announced that it will extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment based lawful permanent...more

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants

On February 24, 2015, the Department of Homeland Security (DHS) issued a final rule that extends eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based...more

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