News & Analysis as of

Employment Authorization Documents (EAD) H-4 Spouses

Ogletree, Deakins, Nash, Smoak & Stewart,...

H-4 Work Authorization Protections Upheld: Save Jobs USA v. U.S. Department of Homeland Security

A recent ruling in the U.S. District Court for the District of Columbia provides added protection and work authorization safeguards for H-4 spouses of H-1B visa holders facing potential lawsuits and administrative challenges....more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from January 2023

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Parker Poe Adams & Bernstein LLP

USCIS Agrees to Bundle Adjudications of H-4/H-4 EADs and L-2 Dependent Applications

In the recent legal settlement of Edakunni v. Mayorkas, the U.S. Citizenship and Immigration Services (USCIS) has agreed to resume adjudicating H-4 and L-2 dependent and H-4 employment authorization petitions at the same time...more

Mintz - Immigration Viewpoints

USCIS Agrees to Bundle Adjudications of H-4 & L-2 Spousal Extensions and EAD Applications with H-1B & L-1 Principals

On January 20, 2023, as part of a settlement agreement with the plaintiffs in Edakunni v. Mayorkas, USCIS agreed to adjudicate Forms I-539 and I-765 for extensions of H-4 and L-2 spouses and employment authorization documents...more

Gibney Anthony & Flaherty, LLP

Lawsuit Settlement Results in USCIS Policy Benefiting  H-4 and L-2 Spouses and Children

Effective January 25, 2023, USCIS resumed concurrent processing of  I-539 applications to extend/change nonimmigrant status  and I-765 applications for employment authorization filed by H-4 and L-2 spouses and minor children...more

Fisher Phillips

USCIS Agrees to Streamline Ability of Nonimmigrant Dependent Spouses to Secure Employment Authorization

Fisher Phillips on

Federal immigration officials just agreed to streamline the process by which certain nonimmigrant dependent spouses are able to secure employment, reverting to a previous method that should reduce processing times and...more

Seyfarth Shaw LLP

USCIS Agrees to Bundle Adjudication for H-4/H-4 EADs and L-2 Dependent Applications When Filed Concurrently with Form I-129

Seyfarth Shaw LLP on

Seyfarth Synopsis: Starting January 25, 2023, USCIS will adjudicate I-539 and I-765 applications for H-4 and L-2 dependents when those applications are filed concurrently with the I-129 petition.  The bundling of those...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Settlement Requires Adjudication of H-4, EAD, and L-2 Applications With Principal’s H-1B or L-1 Petition

On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. Citizenship and Immigration Services’ (USCIS) adjudication policies for H-4 and L-2...more

Dentons

Faster Processing for H-4 and L-2 Dependents Starting January 25, 2023 – Including Work Permission

Dentons on

In an excellent development, as of January 25, 2023, the U.S. government agreed to resume the process of “bundling” H-4 and L-2 dependent applications, – including I-765 work permission applications, with the H-1B and L-1...more

Tarter Krinsky & Drogin LLP

Automatic Extension Period of Employment Authorization Documents

On May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately, it would increase the automatic extension period for employment authorization documents (EADs) for certain EAD renewal...more

Baker Donelson

USCIS Announces Automatic Extension of Employment Authorization Documents (EADs) for Certain Renewal Applicants

Baker Donelson on

Effective May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) will increase the automatic extension period for employment authorization and Employment Authorization Documents (EADs) to a maximum of 540 days for...more

Jackson Walker

Update to L-2 Spousal Work Authorization: All I-94s in Government Database Receive S Annotation

Jackson Walker on

Due to the COVID-19 pandemic and its aftermath, backlogs for immigration benefits have been at an all-time high, with some benefits—such as the L-2 Spousal EAD—taking up to 12 months or longer. ...more

Nilan Johnson Lewis PA

USCIS Confirms Acceptable Evidence of Employment Authorization for Certain E and L Nonimmigrant Spouses

Nilan Johnson Lewis PA on

Following the Shergill, et al. v. Mayorkas settlement, U.S. Customs & Border Protection (CBP) started issuing I-94 forms on January 30, 2022, with new Class of Admission (COA) codes for certain E and L spouses as evidence of...more

Gibney Anthony & Flaherty, LLP

USCIS Updates  E and L Spousal Employment Authorization Guidelines

As previously reported, pursuant to a policy announced on November 12, 2022, USCIS will consider E and L nonimmigrant dependent spouses to be employment authorized incidental to their status. On January 30, 2022, USCIS and...more

Gibney Anthony & Flaherty, LLP

E and L Spousal Employment Authorization Update:  CBP Implements Admission Classification System

As previously reported, under a new policy, USCIS will consider E and L nonimmigrant dependent spouses to be employment authorized incidental to their status. This means that upon admission and issuance of a valid I-94...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

L-2 EAD Renewals: Clarity For L-2 EADs After USCIS Settlement Agreement

On November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) reached a settlement in the class action Shergill v. Mayorkas. As part of the settlement, USCIS agreed to update its policy relating to H-4 and L-2...more

Burr & Forman

USCIS Expands Automatic Employment Authorization Extensions and Nonimmigrant Categories Eligible to Work Incident to Status

Burr & Forman on

Employment Authorization Document (EAD) processing times have been severely delayed in recent years, rendering certain dependent nonimmigrants temporarily ineligible to work and causing gaps in some U.S. employers’...more

ArentFox Schiff

Some Overdue, but Limited, Relief for Working H-4, L-2 & E Spouses

ArentFox Schiff on

The USCIS (US Citizenship & Immigration Service) announced a new rule to aid in the recent dilemma many foreign national families and US employers have confronted; namely addressing the gap in work authorization and...more

Fisher Phillips

The Top 16 Workplace Law Stories from November 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Mintz - Immigration Viewpoints

USCIS Announces Policy Changes for H-4, L-2, and E-1/E-2/E-3 Dependent EAD Workers

Since the publication of our November 12, 2021 alert, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance following the November 10, 2021 settlement agreement and updated the I-9 Handbook providing for...more

Snell & Wilmer

Work Authorization Update—Relaxed Rules For E, L, and H Spouses

Snell & Wilmer on

Effective November 12, 2021, U.S. Citizenship and Immigration Services (“USCIS”) extended employment authorization for certain E, H, and L dependent spouses. Specifically, USCIS now recognizes that L and E dependent spouses...more

Cozen O'Connor

Completing Form I-9 for EAD Automatic Extensions for Nonimmigrant Dependent Spouses

Cozen O'Connor on

On November 12, 2021, USCIS issued a new policy that automatically extends employment authorization for dependent spouses in L-2 and E-1/E-2/E-3 status. The new policy also automatically extended employment authorization for...more

Quarles & Brady LLP

Employment Authorization for L-2, H-4, and E Visa Spouses – Frequently Asked Questions in light of New USCIS Policy

Quarles & Brady LLP on

Please see the guidance on U.S. Citizenship and Immigration Service’s (“USCIS”) recent settlement and policy changes regarding work authorization for L-2, H-4, and E visa spouses. ...more

Perkins Coie

Relaxing of Employment Authorization Extension Policies for E, H-4, and L Visa Dependent Spouses

Perkins Coie on

The U.S. Department of Homeland Security (DHS) reached a settlement agreement on November 10, 2021, to allow automatic extensions of employment authorization for certain H-4 and L dependent spouses. Additionally, on November...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Revises Policy Regarding Employment Authorization for H-4, L-2, and E Dependent Spouses

On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance addressing the automatic extension of employment authorization for H-4, L-2, and E dependent spouses in response to a class action...more

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