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
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
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
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
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
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
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
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
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
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
On January 25, 2021, the U.S. Department of Homeland Security (DHS) withdrew its proposed rule that sought to eliminate the H-4 employment authorization document (EAD) program for eligible spouses of H-1B workers. The...more
The Department of Homeland Security (DHS) released its Spring 2019 Regulatory Agenda, announcing the agency's priorities and how it plans to continue furthering the current administration's immigration-related goals....more
The Department of Homeland Security (DHS) has released its spring 2019 regulatory agenda, highlighting the agency’s rulemaking priorities through 2019. While many of the agenda items appear to be carryovers from agendas past,...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
Changes in the business immigration arena continue to affect non-immigrants in significant ways. Rescission of H-4 Dependent Visa Holder Employment Authorization- By March 18, 2019, the Department of Homeland Security...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 Department of Homeland Security (DHS) released its fall 2018 regulatory agenda, laying out its rulemaking goals through 2019. The published timeline is aspirational and does not represent a strict schedule....more
A recent court filing by the U.S. Department of Homeland Security (DHS) reaffirms the agency’s commitment to rescinding the H-4 rule, which provides work authorization to eligible spouses of certain H-1B visa holders who are...more
In April 2017, three months after taking office, President Trump signed the “Buy American and Hire American” Executive Order, which confirmed that his administration would be taking a tough stance on business immigration,...more
Proposed changes to the rule authorizing employment for H-4 status holders could spell an increase in H-1B petitions this upcoming fiscal year, and ultimately, increased sponsorship costs for employers. ...more
The Trump administration’s plans to end the ability of spouses of H-1B visa holders to be granted work authorization now appear to be on a slower track than originally anticipated. Removing eligibility for work authorization...more
Over the last few months, the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) have unabashedly and repeatedly stated that is the current administration’s intent to rescind employment...more
The DOJ and the DHS have made clear on numerous occasions that they intend to rescind employment authorization documents (EADs) for H-4 visa status holders and it appears that rescission may be just around the corner. Family...more