Immigration Settlement Clears the Way for Thousands of H-1B and L-1 Spouses to Work in the US
On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas. As a result of the settlement, U.S. Citizenship and Immigration Services (USCIS) has agreed to resume its...more
The U.S. Citizenship and Immigration Services (USCIS) published a policy alert outlining significant changes that include allowing for the automatic extension of Employment Authorization Document (EAD) validity for E, H-4 and...more
On November 11, 2021 American Immigration Lawyers Association (AILA) and its litigation partners Wasden Banias and Steven Brown, announce the historic settlement with the Department of Homeland Security (DHS) in Shergill, et...more
U.S. Citizenship and Immigration Services (USCIS) is expected to release new guidelines for employment authorization which will affect H-4 and L-2 spouses resulting from a settlement agreement reached in a federal court...more
The Department of Homeland Security (DHS) is making “structural changes” to work authorization for H-4 and L-2 spouses. The changes result from an agreement settling litigation brought against the agency by the American...more
Spouses of H-1B and L-1 workers have long faced protracted delays by the U.S. Citizenship & Immigration Services (USCIS) in processing their work authorization (EAD) renewals. The wait has sometimes exceeded more than a...more
As H-1B cap subject petition receipt notices begin to trickle in, and employers are being notified as to whether their foreign employees will obtain an H-1B visa this cap season, it is a necessity to think about other viable...more
DHS has made the first move to rescind the H-4 EAD Rule: sending the proposed rule to the Office of Management and Budget (OMB) for review. The H-4 EAD Rule provides work authorization for spouses of certain H-1B workers...more
Join attorneys from Jackson Lewis P.C. as we review critical changes in business immigration and employer compliance over the past year and focus on further changes that are expected, as well as strategies for coping with...more
The Court of Appeals for the D.C. Circuit has added Immigration Voice, a group that represents high-skilled foreign nationals, to defend the H-4 EAD Rule. Save Jobs USA v. United States Department of Homeland Security. The...more
There have been many immigration policy changes in 2018 that affect employers directly or indirectly. Most importantly, there has been a significant shift to a more restrictive immigration philosophy that has affected the...more
The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program. Many of these changes have been proposed before, but have not yet made it to the rulemaking...more
The uncertainty regarding the rescission of the H-4 EAD Rule continues to drag on and the plaintiffs in Save Jobs USA v. United States Department of Homeland Security are getting tired of waiting. Save Jobs, a group of...more
Following up on the U.S. Court of Appeals for the D.C. Circuit Order of February 21, 2018, DHS has requested still more time to review the H-4 EAD Rule. In a status report filed on February 28, 2018, just a week after the...more
Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more
We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more
In a new draft rule notable not only for its substantive content but also for the fact that it represents another incremental immigration reform measure undertaken by executive action in lieu of stalled Congressional...more
E-Verify offers a tool to assist employers in verifying employment/immigration status for prospective employees, but it should not be mistaken for protection during an I-9 audit. On March 26, 2014, the Office of the Chief...more
In recent days, the Department of Homeland Security (“DHS”) has published several proposed rules in the Federal Register, which, if adopted, will bring welcome and much needed regulatory changes....more
DHS Proposes to Issue Employment Authorization to Certain H-4 Spouses - On May 12, 2014, the U.S. Department of Homeland Security ("DHS") proposed a rule that would authorize employment authorization for certain H-4...more
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