News & Analysis as of

Visas United States Citizenship and Immigration Services Form I-94

Follow this channel for insights, news, and commentary on a wide array of visa-related matters by leading immigration lawyers and law firms. Now more than ever; stay in the know.
Davis Wright Tremaine LLP

Hidden Pitfalls in I-94s Threaten Foreign Worker Immigration Status Compliance

An immigration records change dating back two years has emerged as a significant concern for employers sponsoring foreign national workers. The Shift to Electronic I-94s and Immigration Overstay Issues - In 2022, U.S....more

Dickinson Wright

The Stealth I-94 Dilemma – Determining Work Authorization Validity

Dickinson Wright on

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

Harris Beach PLLC

Requesting Forgiveness of Late-Filed Applications to Extend Immigration Status

Harris Beach PLLC on

In a recent post, this blog covered the more-complicated-than-it-seems issue of how someone can best determine exactly when their lawful immigration status in the United States expires. We discussed the matter of how, in some...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

Jackson Walker

Update to L-2 Spousal Work Authorization: All I-94s in Government Database Receive S Annotation

Jackson Walker on

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

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

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

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

L-2 and E Dependent Spouses: CBP Begins Implementing New I-94 Designations

U.S. Citizenship and Immigration Services (USCIS) recently issued policy guidance addressing the automatic extension of status for H-4, L-2, and E dependent spouses in response to the settlement of a class action lawsuit. ...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

Cozen O'Connor

Completing Form I-9 for EAD Automatic Extensions for Nonimmigrant Dependent Spouses

Cozen O'Connor on

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

Constangy, Brooks, Smith & Prophete, LLP

Settlement Is Good News For L-2 And H-4 Spouses Needing Employment Authorization

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Cozen O'Connor

Employment Authorization Policy for Nonimmigrant Dependent Spouses

Cozen O'Connor on

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

McCarter & English, LLP

Litigation Provides Limited Relief to Dependent Spouses Seeking Work Permits

McCarter & English, LLP on

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

Fisher Phillips

Federal Immigration Officials Smooth Path for Spouses of Highly Skilled Workers to Receive Work Authorizations

Fisher Phillips on

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

Gibney Anthony & Flaherty, LLP

USCIS Quickly Implements New Employment Authorization Policy for H-4, L and E Spouses

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

Pullman & Comley - Labor, Employment and...

Potential Immigration Compliance Issues Raised by Coronavirus Travel Restrictions, Work-from-Home Policies, and Layoffs

As the spread of COVID-19 prompts increasing travel restrictions, and as layoffs become an unfortunate reality in many industries, both U.S. employers and employees holding temporary work visas in the United States need to be...more

Mintz

USCIS Updates Policy on Unlawful Presence for F, M, and J Nonimmigrants

Mintz on

On May 10, 2018, USCIS issued a policy memorandum that updates the current policy on the calculation of unlawful presence for certain nonimmigrants. “Unlawful presence” can occur when an individual is physically in the United...more

Miles & Stockbridge P.C.

Distressing USCIS News for Foreign Students

In a Policy Memorandum issued on May 10, 2018 (USCIS Policy Memorandum), the U.S. Citizenship and Immigration Service (“USCIS”) proposed a substantial change in the manner in which it will calculate periods of unlawful...more

Carlton Fields

USCIS to Accept Employment Authorization Applications from Certain H-4 Dependent Spouses

Carlton Fields on

Beginning May 26, 2015, the United States Citizenship and Immigration Services (USCIS) will accept applications for employment authorization from certain H-4 Dependent Spouses. The USCIS will reject any applications received...more

Cozen O'Connor

Sequestration To Delay Consular Visa Processing & Other Effects

Cozen O'Connor on

According to the Department of State, sequestration will likely reduce the number of officers processing visa applications, which will negatively impact wait times at U.S. consulates....more

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