News & Analysis as of

H-4 Department of Homeland Security (DHS)

Moore & Van Allen PLLC

FAQs: Trump 2.0 Immigration Policies

Moore & Van Allen PLLC on

GENERAL - What are the current Executive Orders on immigration? On its first day in office, the Trump administration published 46 executive orders dealing with a broad range of issues, several of which were aimed...more

Nilan Johnson Lewis PA

ALERT: Simultaneous Adjudication of H-4 and L-2 Status Extensions and Employment Authorization Applications Will Expire on January...

Nilan Johnson Lewis PA on

A settlement agreement in the case of Edakunni v. Mayorkas was reached in January 2023. As part of the settlement agreement, USCIS agreed to: “bundle” the adjudication of Forms I-539 and I-765 for H-4 and L-2 derivatives with...more

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

Harris Beach Murtha PLLC

USCIS To Bundle Adjudication of H-4 Visa Applications, H-4 EAD Applications with H-1B Petition When Filed Together

For the last several years, unnecessary delays and long processing times of H-4 and H-4 EAD (Employment Authorization) applications have caused frustration for H-1B dependents attempting to change or extend their status,...more

Gibney Anthony & Flaherty, LLP

Plan Now for H-1B Cap Registration FY 2023

OVERVIEW USCIS is expected to continue using its electronic registration process for fiscal year (FY) 2023 H-1B cap season. The registration period will run in March 2022 for a minimum of 14 calendar days. H-1B CAP FY ‘23...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

Burr & Forman

Immigration Insights Podcast: International Entrepreneur Parole Program & Biometrics Requirement

Burr & Forman on

On Burr & Forman's "Immigration Insights" podcast, host Melissa Azallion Kenny provides listeners with updates on the International Entrepreneur Parole Program and the suspension of biometric fees for dependent applicants....more

Jackson Lewis P.C.

Litigation Over H-4 EAD Rule Progresses

Jackson Lewis P.C. on

Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Now, the Biden Administration is representing the Department of Homeland...more

Jackson Lewis P.C.

Proposed H-4 EAD Rule Withdrawn For Review

Jackson Lewis P.C. on

On January 25, 2021, the Biden administration withdrew from review the Trump administration’s proposed rule that would have rescinded the H-4 EAD program. For close to five years, spouses of H-1B workers holding H-4 EADs...more

ArentFox Schiff

USCIS Implements New Fees & Forms & Premium Processing Is Lengthened

ArentFox Schiff on

On August 3, 2020, USCIS published a final rule that significantly increases the filing fees for certain immigration and naturalization petitions. The rule, which will be effective October 2, 2020, also removes certain fee...more

Jackson Lewis P.C.

Review Of Trump Administration Shifting Position(s) On H-4 EAD Rule

Jackson Lewis P.C. on

It has been five years since Save Jobs USA, a group of technology workers who claim to have been displaced by foreign nationals with H-4 EADs challenged the Obama Administration’s authority to enact the H-4 EAD Rule. In the...more

Faegre Drinker Biddle & Reath LLP

Immigration Agencies Hint at Possible Regulatory Changes

Twice a year, in the spring and fall, each federal agency publishes its regulatory agenda. This is a list of changes to federal regulations that the agency is considering proposing during the next year or so. While the...more

Jackson Lewis P.C.

Upcoming Oral Argument In H-4 EAD Rule Rescission Case (Finally)

Jackson Lewis P.C. on

The challenge over the rule providing work authorization for spouses of certain H-1B workers who are in the Green Card process finally will be heard before the U.S. Court of Appeals for the D.C. Circuit on September 27, 2019....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Rescission of H-4 Work Authorization Is Delayed Until Spring 2020

Implementation of the rule rescinding H-4 work authorization has been delayed yet again. According to the Department of Homeland Security (DHS), the proposed rule is not expected to be published in the Federal Register until...more

Morgan Lewis

DHS Proposes to Eliminate H-4 Spouse Work Authorization

Morgan Lewis on

In a move that could affect nearly 90,000 H-4 Employment Authorization Document holders, the US Department of Homeland Security has proposed a rule to rescind the H-4 spouse work authorization regulation. Current H-4 EAD...more

UB Greensfelder LLP

What to Consider as DHS Moves to Rescind H-4 Employment Authorization Document Rule

UB Greensfelder LLP on

The Department of Homeland Security (DHS) has formally moved to rescind the H-4 Employment Authorization Document (EAD) Rule, which permits the spouses of certain H-1B professionals to apply for work authorization if their...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Changes to H-4 Work Authorization Rule Could Be on the Horizon

The Department of Homeland Security (DHS) is expected to advance its plan to rescind the H-4 employment authorization document (EAD) program before a March 18, 2019, deadline imposed by the U.S. Court of Appeals for the D.C....more

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