Employment Authorization Document

News & Analysis as of

The Intersection of Temporary Protected Status (TPS) and the Form I-9: What All US Employers Need to Know

In This Issue: - What Is TPS? - What Is the Importance of TPS to an Employer? - May I hire or continue to employ someone with an expired Employment Authorization Document (EAD)? - How do I know my...more

California Supreme Court: "Illegal Immigrant Shouldn't Have Been Hired – But Can't Be Fired Illegally"

On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place....more

Important Proposed Changes to the H-1B Visa

On May 6th, the Department of Homeland Security (DHS) announced two proposed rule changes in hopes to attract new investment and business to the United States. The proposals would extend employment authorization to spouses of...more

USCIS Announces Process for DACA Renewal

On June 5, 2014, the U.S. Citizenship and Immigration Services (USCIS) announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. USCIS has submitted an updated...more

DHS Proposes Rule for H-4 Employment Authorization

The U.S. Department of Homeland Security (DHS) has published a proposed rule in the Federal Register that would make certain H-4 dependent spouses eligible to apply for employment authorization. The proposal is now subject to...more

USCIS Proposed Rule on Employment Authorization for Certain H-4 Spouses

The Department of Homeland Security has proposed to provide work authorization benefits to spouses of H-1B visa holders. If this proposal is put into effect it will allow dependents to apply for an EAD, or an Employment...more

DHS Announces Proposed Rules

The Department of Homeland Security (DHS) announced this week that it will be publishing two proposed rules—one to extend employment authorization to spouses of certain H-1B workers, and another to enhance opportunities for...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

Homeland Security Issues Proposals to Attract/Retain Highly Skilled Immigrants

Proposed regulations would grant employment authorization to qualifying H-4 nonimmigrants; apply a 240-day extension of employment authorization to timely filed requests for extensions of stay for E-3, H-1B1, and CW-1...more

DHS Announces Proposals to Attract and Retain Highly Skilled Immigrants

The Department of Homeland Security (DHS) recently announced that it has proposed two new rules as part of its “continuing commitment to attract and retain highly skilled immigrants.” The two proposed rules include...more

Rule Allowing Work for Some H-4s, Expansion of EB1 OR Category Criteria and Automatic Work Extension for Others Progresses at...

Today the Department of Homeland Security (DHS) announced that it is publishing two proposed rules that are meant to help “attract and retain highly skilled workers”. Proposed rules do not go into effect until notice and...more

Immigration Corner: Snapshots of Both Big Picture and Meaningful Small-Scale Developments in the World of Immigration

Happy New Year! This month: "Friending" the Department of State on Facebook, BIA shines a light on the foggy EAD requirement for E and L spouses, and an unusual new member of the California State Bar....more

Unpublished BIA Decision: E-2 Spouses Not Required to Obtain EAD

On November 5, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision reversing the denial of an adjustment application and holding that the respondent was not required to obtain an employment...more

Florida DMV Will Not Accept Immigration Documents Based on Same-Sex Marriage

Part of the driver license application process in Florida involves proving lawful status in the U.S. There are many documents or sets of documents an applicant can provide to the Florida Department of Motor Vehicles (DMV) to...more

BIA Decision Narrows the Scope of 245(i) Grandfathering for Certain Dependents

Section 245(i) of the Immigration and Nationality Act (INA) permits adjustment of status for certain grandfathered aliens who are otherwise ineligible because of violations such as entry without inspection, failure to...more

Filling out the Form I-9 for TPS beneficiaries: Work Permits extended for El Salvadorians

For companies whose workforce may include individuals with TPS from El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, South Sudan and Syria, it is critical to be familiar with the work authorization benefits of TPS to...more

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