News & Analysis as of

Spouses Visas

Seyfarth Shaw LLP

Judge Temporarily Pauses Parole in Place Program for Undocumented Spouses and Stepchildren

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After the Parole in Place Program (“Keeping Families Together”) went into effect on August 19, 2024, sixteen State Attorneys General filed a complaint against the U.S. Department of Homeland Security (“DHS”) et. al. The...more

Obermayer Rebmann Maxwell & Hippel LLP

USCIS to Begin Accepting Applications Under its New Process to Promote the Unity and Stability of Families on August 19, 2024

In June 2024, the Biden Administration announced several immigration actions using the authority of the executive branch. Within a political landscape of stalemate on virtually all things immigration, it has not been unusual...more

Jackson Lewis P.C.

Supreme Court Reaffirms Federal Courts Lack Authority to Review Visa Denials

Jackson Lewis P.C. on

In a 6-3 ruling in U.S. Department of State et al v. Munoz et al (Case Number 23-334), the Supreme Court of the United States (SCOTUS) reaffirmed the doctrine of consular nonreviewability ruling against a U.S. citizen’s...more

Epstein Becker & Green

Late-Term Flood of Decisions Continues, Disagreement Among Justices Increasingly Pronounced - SCOTUS Today

Epstein Becker & Green on

With the current term of the Supreme Court soon to end, the run of decisions in which the Justices have been unanimous or close to it is being displaced by the “tougher” ones, in which there is substantial disagreement....more

Dinsmore & Shohl LLP

Charting a New Path: Parole in Place for Undocumented Spouses of U.S. Citizens

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The federal government has announced a new policy that will grant a path to work authorization and legal status for the undocumented spouses of U.S. citizens. The policy, which is known as “parole in place” or “PIP,” is...more

Littler

New Executive Action to Provide Protections for Certain Noncitizen Spouses

Littler on

The Department of Homeland Security (DHS) announced that the agency will establish a new process to consider, on a case-by-case basis, requests from eligible noncitizen spouses of U.S. citizens for parole-in-place status. ...more

Tarter Krinsky & Drogin LLP

Biden Administration Announces New Immigration Policy for Noncitizen Spouses of U.S. Citizens

President Biden announced that a new process will take effect in late August permitting certain noncitizen spouses of U.S. citizens to apply for lawful permanent resident status (green card status) without having to depart...more

Jackson Lewis P.C.

New Protections for Foreign National Spouses of U.S. Citizens Announced

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President Joe Biden announced protections for undocumented foreign national spouses of U.S. citizens who have lived in the United States for 10 years without a legal immigration status. This will protect approximately 500,000...more

Obermayer Rebmann Maxwell & Hippel LLP

U.S. Supreme Court to Decide U.S. Citizens’ Rights When a Consulate Denies a Spousal Visa

The U.S. Supreme Court of the U.S. (SCOTUS) has granted certiorari to hear Department of State v. Muñoz, at the request of the Biden Administration. The stakes are high. It challenges the longstanding “doctrine of consular...more

FordHarrison

90 Day Fiancé–A How-To on U.S. Immigration and Life?

FordHarrison on

90 Day Fiancé, the flagship television series of the juggernaut franchise on TLC, introduces viewers to a diverse cast of couples, all of whom have one major goal in common: One-half of the couple seeks permission to remain...more

Parker Poe Adams & Bernstein LLP

USCIS Agrees to Bundle Adjudications of H-4/H-4 EADs and L-2 Dependent Applications

In the recent legal settlement of Edakunni v. Mayorkas, the U.S. Citizenship and Immigration Services (USCIS) has agreed to resume adjudicating H-4 and L-2 dependent and H-4 employment authorization petitions at the same time...more

Dentons

Faster Processing for H-4 and L-2 Dependents Starting January 25, 2023 – Including Work Permission

Dentons on

In an excellent development, as of January 25, 2023, the U.S. government agreed to resume the process of “bundling” H-4 and L-2 dependent applications, – including I-765 work permission applications, with the H-1B and L-1...more

Gibney Anthony & Flaherty, LLP

USCIS Extends EAD Auto-Extension Period

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

Harris Beach PLLC

USCIS Issues Counter-Intuitive Guidance on Documenting Employment Authorization for Dependent E or L Spouses for I-9 Purposes

Harris Beach PLLC on

We previously reported that USCIS reached a settlement agreement that allows the spouses of foreign nationals holding E-1, E-2, E-3, and L-1 status to work “incident to status.” This means that these spouses can work for any...more

Littler

USCIS Provides Updated Work Authorization Documentation Guidance for Certain Nonimmigrant Spouses

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In November 2021, the U.S. Citizenship and Immigration Services (USCIS) announced it would recognize nonimmigrant spouses of those holding E and L visas as employment authorized incident to their valid status. Qualified E and...more

Tarter Krinsky & Drogin LLP

USCIS Issues Update Regarding Employment Authorization Documents for the Spouses of E and L Visa Holders

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

Gibney Anthony & Flaherty, LLP

USCIS Updates  E and L Spousal Employment Authorization Guidelines

As previously reported, pursuant to a policy announced on November 12, 2022, USCIS will consider E and L nonimmigrant dependent spouses to be employment authorized incidental to their status. On January 30, 2022, USCIS and...more

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

USCIS Updates Guidance on Employment Authorization for Certain E and L Nonimmigrant Spouses

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

Moore & Van Allen PLLC

Implementation Of Spousal Work Authorization Changes for E and L dependents

Moore & Van Allen PLLC on

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

Tarter Krinsky & Drogin LLP

Employment Authorization Update for E and L Derivative Spouses Entering the United States

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

Gibney Anthony & Flaherty, LLP

E and L Spousal Employment Authorization Update:  CBP Implements Admission Classification System

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

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

Quarles & Brady LLP

Employment Authorization for L-2, H-4, and E Visa Spouses – Frequently Asked Questions in light of New USCIS Policy

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Please see the guidance on U.S. Citizenship and Immigration Service’s (“USCIS”) recent settlement and policy changes regarding work authorization for L-2, H-4, and E visa spouses. ...more

Womble Bond Dickinson

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

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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

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

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