News & Analysis as of

Employment Authorization Documents (EAD) H-1B Department of Homeland Security (DHS)

Seyfarth Shaw LLP

Venezuela TPS: USCIS Confirms Termination of 2023 Designation – But Some Work Permits Still Valid

Seyfarth Shaw LLP on

Late Friday evening, June 6, 2025 – right after we posted TPS Twist: Court Halts DHS Action on Certain Venezuelan Work Authorization-For Now – U.S. Citizenship and Immigration Services (USCIS) updated its website with a...more

Warner Norcross + Judd

From TPS to FDNS: Key Immigration Action Impacting Employers

Warner Norcross + Judd on

As federal immigration policy continues to shift, employers must remain attentive to developments that affect global talent management, work authorization and petition-based compliance. This eAlert highlights critical updates...more

Ice Miller

DHS Instructs Employers After It Modifies TPS Designation for Haiti

Ice Miller on

The Immigration and Nationality Act (INA) authorizes the Secretary of the Department of Homeland Security (DHS) to designate a foreign state for Temporary Protected Status (TPS), which is a temporary immigration benefit, and...more

Miller Canfield

Employers: It's Time for the FY2026 H-1B Cap Registration Under the New H-1B Modernization Rule

Miller Canfield on

It is that time of the year again – H-1B CAP registration is right around the corner. With the continued beneficiary-centric selection process, and the new H-1B modernization rule which impacts H-1B CAP filings, employers...more

Vorys, Sater, Seymour and Pease LLP

USCIS Announces Registration Period for FY2026 H-1B Visa Lottery

On February 5, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B lottery process will open at noon ET on March 7, 2025 and will run through noon ET on...more

Vorys, Sater, Seymour and Pease LLP

Changes to Immigration Enforcement Policies Impact Employers

Through a series of executive orders and agency actions since taking office on January 20, 2025, the second Trump Administration has implemented drastic changes to immigration enforcement that are increasing incidents of...more

Jackson Lewis P.C.

President Trump’s Immigration-Related Executive Orders: Potential Impact on Employers

Jackson Lewis P.C. on

Following his inauguration on Jan. 20, 2025, President Trump issued a number of immigration-related Executive Orders (EOs) sure to have impact on employers and their business operations. So far, the focus in the media has...more

Moore & Van Allen PLLC

Immigration Update: H-1B Cap Season – Time to Start Preparing

Moore & Van Allen PLLC on

The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from...more

Morgan Lewis

DHS Issues Final Rules on H-1B Petitions and EAD Applications, Effective Mid-January

Morgan Lewis on

In two consecutive weeks, the US Department of Homeland Security issued final rules that will impact the H-1B specialty occupation worker program and employment authorization documents. These rules will take effect just...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

Jackson Lewis P.C.

DHS Announces Permanent Rule for 540-Day Automatic Extension of Work Authorization Renewals

Jackson Lewis P.C. on

The 540-day automatic extensions of expiring employment authorization documents (EADs) will be permanent policy, according to a DHS final rule scheduled to be published on Dec. 13, 2024. The new rule will become effective on...more

Holland & Hart - Employers' Lawyers

New Rule Permanently Extends the Automatic EAD Extension Period to 540 Days

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

Fisher Phillips

What All K-12 Schools Need to Know About Immigration: New Form I-9 and Work Visa Options for Teachers

Fisher Phillips on

Immigration compliance remains a critical requirement for K-12 schools across the country. Not only do all schools need to ensure they comply with new I-9 rules and procedures, but many also have grown to rely on foreign...more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...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

Mintz - Immigration Viewpoints

USCIS Agrees to Bundle Adjudications of H-4 & L-2 Spousal Extensions and EAD Applications with H-1B & L-1 Principals

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

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

Fisher Phillips

USCIS Agrees to Streamline Ability of Nonimmigrant Dependent Spouses to Secure Employment Authorization

Fisher Phillips on

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

Mintz - Immigration Viewpoints

USCIS to Expand Premium Processing

On March 29, U.S. Citizenship and Immigration Services (USCIS) announced that it will expand its premium processing service to include additional immigration benefit case types, pursuant to a final rule issued by the...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

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

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

Tarter Krinsky & Drogin LLP

Significant Changes For Employment Authorization Capability For H-4 and L-2 Spouses Result From Federal Court Lawsuit and...

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

Nilan Johnson Lewis PA

DHS Settlement Provides Long-Awaited Changes for H-4 and L-2 Spouse Work Authorization

Nilan Johnson Lewis PA on

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

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

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