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
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
On September 27, 2023, U.S. Citizenship and Immigration Services (USCIS) issued an update to the USCIS Policy Manual to increase the maximum validity period to five years for initial and renewal Employment Authorization...more
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
USCIS has implemented a temporary final rule to automatically extend the validity of certain expired or expiring Employment Authorization Documents (EADs) for up to 540 days. Previously USCIS permitted a 180-day...more
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
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
On March 18, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it would update the USCIS Policy Manual to address acceptable evidence of work authorization for E and L nonimmigrant spouses. The updates,...more
In mid-November a settlement between U.S. Citizenship & Immigration Services (USCIS) and the litigants in the Shergill v. Mayorkas lawsuit resulted in a change in USCIS policy regarding spousal work authorization. ...more
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
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
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
On Jan. 31, 2022, U.S. Customs and Border Protection began endorsing the I-94s of spouses of E and L visa holders with new class of admission codes upon their entry to the United States. As we detailed in our Nov. 11, 2021...more
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
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
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
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
On November 12, 2021, U.S. Citizenship and Immigration Services (“USCIS”) issued policy guidance to automatically extend employment authorization (“EAD”) for H-4, E, and L nonimmigrant dependent spouses under certain...more
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
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
After years of outreach to USCIS, a major settlement (Shergill, et al. v. Mayorkas, 11/10/21) has forced the agency to update its policy to provide that certain H-4, E, or L-2 dependent spouses will qualify for an automatic...more
Federal immigration officials just released helpful guidance that eases the process of spouses of highly skilled workers to receive their work authorization documentation, no doubt welcome news for employers across the...more
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
EXTENSION OF TPS - On September 10, 2021, the Department of Homeland Security (DHS) published a notice in the Federal Register announcing the extension of Temporary Protected Status (TPS) designations and TPS-related...more
The US Department of Homeland Security (DHS) on November 1 extended the validity of Temporary Protected Status (TPS)-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal,...more