News & Analysis as of

Customs and Border Protection Employment Authorization Documents (EAD)

Dickinson Wright

The Stealth I-94 Dilemma – Determining Work Authorization Validity

Dickinson Wright on

The I-94 record, which determines the validity of a nonimmigrant’s status, often presents challenges that are not expected by the foreign national or their employer.   Unfortunately, the failure to be aware of the validity...more

Jackson Lewis P.C.

USCIS Issues Employment Authorization Procedures for Palestinians on Deferred Enforced Departure

Jackson Lewis P.C. on

On April 12, 2024, USCIS issued a Federal Register notice establishing procedures for Palestinians eligible for Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) valid through Aug. 13,...more

Lippes Mathias LLP

Problems Caused by U.S. Electronic Entry System

Lippes Mathias LLP on

In 2013, U.S. Customs and Border Protection (CBP) made its first moves toward a transition from paper admission documents to electronic issuance of I-94 Departure Records, which determine in what status and until what date a...more

Jackson Lewis P.C.

International Entrepreneur Parole Series Part 3: Program Application Procedures

Jackson Lewis P.C. on

The Immigration and Nationality Act delegates authority to the Department of Homeland Security (DHS) to decide whether to parole a foreign person into the United States. Parole is a discretionary remedy decided on a...more

Jackson Lewis P.C.

USCIS: Employment Authorization for Certain Ukrainian, Afghan Parolees

Jackson Lewis P.C. on

USCIS has announced that Ukrainian and Afghan parolees with certain classes of admission are employment authorized incident to status which means they can begin working without an EAD....more

DirectEmployers Association

OFCCP Week In Review: May 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...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

Tarter Krinsky & Drogin LLP

USCIS Issues Update Regarding Employment Authorization Documents for the Spouses of E and L Visa Holders

On March 18, 2022, U.S. Citizenship Services (USCIS) published further detail relating to employment authorization documentation for E and L spouses. By way of background, in November 2021, USCIS reached a settlement...more

Jackson Lewis P.C.

Five U.S. Immigration Law Trends to Watch in 2022

Jackson Lewis P.C. on

A series of significant developments in U.S. immigration law has already marked the beginning of 2022 and more can be expected. In January, the Biden Administration unveiled a series of policies aimed at attracting and...more

Mintz - Immigration Viewpoints

CBP Begins Issuing New I-94 Designations for L-2 and E Dependent Spouses Granting Employment Authorization Incident to Status

On January 31, 2022, Customs and Border Protection (CBP) began issuing I-94 forms with new designations for L-2 and E visa dependents. The new designations for L-2 and E dependent spouses specifically will serve as evidence...more

Dickinson Wright

Form I-9 Update – L1 and E1/E2 Nonimmigrant Spouses Eligible for Work Without Employment Authorization Document – Really?

Dickinson Wright on

During this challenging time for employers in search of workers, U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) have managed to cooperate to coordinate a response to the...more

Tarter Krinsky & Drogin LLP

Employment Authorization Update for E and L Derivative Spouses Entering the United States

U.S. Customs and Border Protection (USCBP) has begun the process of implementing a federal court order following a lawsuit against the U.S. Department of Homeland Security relating to the immediate ability of L and E spouses...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

Jackson Lewis P.C.

Work Authorization for Spouses Possible If Specifically Designated in I-94 Record at Border

Jackson Lewis P.C. on

As of January 31, 2022, spouses entering the United States in L-2 or E status may be able to obtain work authorization at the border by asking Customs and Border Protection (CBP) to give them a “spousal” designation in their...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

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

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

Tarter Krinsky & Drogin LLP

USCIS Policy Manual Updates Automatic Employment Authorization for Spouses of E-1, E-2, E-3 and L-2 and Certain H-4 Visa Dependent...

On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) updated its Policy Memo to automatically allow for employment authorization for dependent E, L and certain H-4 spouses of principal visa holders, and it...more

Jackson Lewis P.C.

H-1B, L-1 Update: USCIS Adopts Policy Changes

Jackson Lewis P.C. on

Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas, USCIS is making major policy changes. Going forward,...more

Dickinson Wright

What’s New in Immigration Law?

Dickinson Wright on

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

Kramer Levin Naftalis & Frankel LLP

USCIS Denying Pending Advance Parole Applications for Abandonment Due to International Travel

Advance Parole allows an individual to travel internationally during the pendency of an adjustment of status (AOS) application. Those individuals who hold a valid H or L visa also have the option of using that visa to travel...more

Clark Hill PLC

Immigration Law Update - August 2017

Clark Hill PLC on

United States Citizenship and Immigration Services (USCIS) released the latest Form I-9, Employment Eligibility Verification, on July 17, 2017. Employers will be able to either (1) use this revised version or (2) continue...more

Proskauer - Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the...

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations...more

Seyfarth Shaw LLP

Immigration-Related FAQs In Response to President Trump’s Recent Executive Orders, as of February 2, 2017

Seyfarth Shaw LLP on

Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration....more

Moore & Van Allen PLLC

U.S. Immigration & The Trump Administration

Moore & Van Allen PLLC on

With the announcement of President-elect Trump's plan for his first 100 days in office and his selection for Secretary of Department of Homeland Security, it appears the new administration will focus not only on illegal...more

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