Employment Authorization Document

News & Analysis as of

USCIS Temporarily Suspends Premium Processing for H-1B Extensions

Starting May 26, USCIS will temporarily suspend the 15-day premium processing service for all H-1B Extension of Stay petitions until July 27 to allow it to implement the H-4 Employment Authorization Document final rule in a...more

Premium Processing of H-1B Extensions Suspended as of May 26

Last week, in anticipation of the increased workload to be created by the filing of applications for Employment Authorization Documents (“EADs”) by H-4 spouses of certain H-1B employees beginning May 26, 2015, USCIS announced...more

USCIS Releases Guidance and Frequently Asked Questions for H-4 Employment Authorization Applications

On May 20, 2015, United States Citizenship and Immigration Services (USCIS) released guidance and frequently asked questions (FAQs) relating to the filing of H-4 employment authorization applications for spouses of certain...more

I-9 COMPLIANCE - A Fixed Fee Program

Investigations and audits of Form I-9 documents by U.S. Immigration and Customs Enforcement (ICE) agents are steeply on the rise, and the Obama administration is promising to keep the heat on employers in the coming...more

May 2015 Special Immigration Alert - Premium Processing Option for H-1B Extensions Is Temporarily Suspended II.USCIS Announces...

I. Premium Processing Option for H-1B Extensions Is Temporarily Suspended - On May 19, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it will temporarily suspend 15-day premium processing...more

Alert: Preliminary Injunction is Denied – H-4 EAD Program Moves Forward

As previously reported, a group of former employees of Southern California Edison (who claim they were laid off and replaced by H-1B workers) filed a lawsuit in the United States District for the District of Columbia against...more

USCIS Publishes Long-Awaited Filing Guidance for H-4 EAD Applications

On May 20, 2015, U.S. Citizenship and Immigration Services (USCIS) published long-awaited information to help eligible H-4 dependent spouses apply for employment authorization documents (commonly known as “EAD cards”) under...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

Employment Authorization Soon to Extend to Certain Spouses of H-1B Visa Holders

As our readers are no doubt familiar, there has been much wrangling over the ruling of a federal judge in Texas who imposed an injunction on President Obama’s plan to expand employment authorization to an additional 300,000...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

Immigration Update: EAD Eligibility for H-4 spouses

Effective on May 26, 2015, certain dependent spouses of H-1B workers will be eligible for employment authorization. Specifically, H-4 spouses will be eligible for this new benefit provided their H-1B nonimmigrant worker...more

Handling Employment Authorization Document (EAD) Issuance Delays

All workers employed in the United States must be able to present proper documents evidencing their identity and work authorization for purposes of completing the Form I-9. One such document is the Employment Authorization...more

New I-9 Issues Facing Employers with Recently Legalized Employees

As more and more workers acquire temporary legal status in the U.S. and receive new work authorization, employers will be faced with the following common scenario. An employee has recently legalized their status and...more

2016 H1B Cap Reached - Alternatives to the H-1B Visa Category

On April 7, 2015, United States Citizenship & Immigration Services (USCIS) announced it received sufficient H-1B petitions to meet the Master's and regular H-1B quotas (or "caps") for Fiscal Year 2016, which begins on October...more

Employment Authorization for Certain H-4 Dependent Spouses

As a reminder, effective May 26, 2015, eligibility for employment authorization will be extended to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status....more

Even When NLRB Orders It, Employers Have Little Guidance on Work Authorization Procedures

Quick, employers: you make a job offer to a promising applicant, only to find out that his work authorization papers are less than perfect. He has a social security card and number but something seems… off. (“Is that a letter...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

Department of Homeland Security Announces New Employment Authorization Eligibility for Certain H-4 Spouses of H-1B Professional...

On February 25, 2015, the U.S. Department of Homeland Security (DHS) announced that effective May 26, 2015, the agency will extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B...more

Employment Authorization Document for Certain H-4 Dependent Spouses

U.S. Citizenship and Immigration Services (“USCIS”) announced that effective May 26, 2015 it will be extending eligibility for U.S. employment authorization to certain H-4 spouses of foreign nationals in H-1B status pursuing...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

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

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