News & Analysis as of

Department of Homeland Security (DHS) 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

Littler

DHS to Streamline Adjudication of Extension of Status, Change of Status, and Work Authorization Applications for Spouses and...

Littler on

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

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

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

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

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

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

Constangy, Brooks, Smith & Prophete, LLP

Settlement Is Good News For L-2 And H-4 Spouses Needing Employment Authorization

The U.S. Department of Homeland Security has agreed to make policy changes that will benefit L-2 spouses and certain H-4 nonimmigrants filing renewal applications for Employment Authorization Document cards...more

Kramer Levin Naftalis & Frankel LLP

USCIS Issues Policy Alert Regarding Work Authorization for E, L-2, and H-4 Spouses

In our Nov. 11 client alert, we described the dramatic and beneficial changes to the employment authorization rules affecting dependent spouses of certain nonimmigrant visa holders. On Nov. 12, U.S. Citizenship and...more

Cozen O'Connor

Employment Authorization Policy for Nonimmigrant Dependent Spouses

Cozen O'Connor on

Employment Authorization Policy for Nonimmigrant Dependent Spouses On November 10, 2021, the U.S. Department of Homeland Security (DHS) reached a settlement in a landmark case, which provided structural changes for...more

Gibney Anthony & Flaherty, LLP

USCIS Quickly Implements New Employment Authorization Policy for H-4, L and E Spouses

On November 12, 2021, USCIS updated its Policy Manual to permit H-4, E and L nonimmigrant dependent spouses to receive automatic extension of employment authorization in certain circumstances. Earlier in the week, USCIS...more

Mintz - Immigration Viewpoints

DHS Settlement Will Benefit L-2 and H-4 EAD Workers

In a consequential policy reversal, the Department of Homeland Security entered into a settlement agreement following a lawsuit regarding validity of L-2 and H-4 Employment Authorization Document (EAD) cards. U.S. Citizenship...more

Fox Rothschild LLP

USCIS issues Policy Guidance on Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses

Fox Rothschild LLP on

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

Williams Mullen

A Ray of Hope for L-2 and H-4 Spouses: Settlement Will Lead to Automatic Extensions and Employment Authorization Incident to...

Williams Mullen on

Because of persistent delays by U.S. Citizenship and Immigration Services (USCIS) in the processing of applications for Employment Authorization Documents (EADs), a group of aggrieved noncitizen plaintiffs filed a class...more

Womble Bond Dickinson

DHS Settlement Expands Employment Authorization Benefits for L-2 and H-4 Spouses

Womble Bond Dickinson on

The U.S. Department of Homeland Security (DHS) has agreed to a settlement in the case of Shergill, et al. v. Mayorkas, resulting in important policy changes immediately affecting L-2 and H-4 visa holders’ work authorization...more

Tarter Krinsky & Drogin LLP

Significant Changes For Employment Authorization Capability For H-4 and L-2 Spouses Result From Federal Court Lawsuit and...

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

Fox Rothschild LLP

BREAKING NEWS: Changes to Work Authorization for H-4 and L-2 Spouses

Fox Rothschild LLP on

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

Nilan Johnson Lewis PA

DHS Settlement Provides Long-Awaited Changes for H-4 and L-2 Spouse Work Authorization

Nilan Johnson Lewis PA on

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

Baker Donelson

State of Play in Business and Family Immigration

Baker Donelson on

More than 78 days into the Biden Administration, less dust than expected or hoped has settled on the landscape for business and family immigration to the U.S. This article briefly assesses the state of play concerning...more

Foley & Lardner LLP

H-1B Registration Not Selected? Here are Other Options for Seeking Temporary Employment Authorization

Foley & Lardner LLP on

U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS), has just closed its annual H-1B registration, and employers are anxiously awaiting news on whether USCIS has selected...more

Miles & Stockbridge P.C.

Business Immigration and the Biden Administration

The first two weeks of the Biden Administration have seen a flurry of activity indicating it will move away from the more restrictive immigration environment of the Trump era, including for employment-based immigration...more

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