Immigration Settlement Clears the Way for Thousands of H-1B and L-1 Spouses to Work in the US
The Department of Homeland Security (DHS) is finalizing a critical regulatory change to permanently increase the automatic extension period for Employment Authorization Documents (EADs) from 180 days to 540 days for certain...more
U.S. Citizenship and Immigration Services (USCIS) may no longer be simultaneously adjudicating dependent status and work permit applications after January 18, 2025....more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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