News & Analysis as of

Employment Authorization Documents (EAD) H-1B H-4 Spouses

Tarter Krinsky & Drogin LLP

H-1B Cap Pre-Registration Period Begins in March 2025 with Increased Processing Fees

This year’s H-1B Pre-Registration Filing Period is expected to run from early to mid-March 2025. U.S. Citizenship and Immigration Services (USCIS) will announce the registration dates in the coming weeks. One significant...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

Jackson Lewis P.C.

How Employers Can Prepare for End of Bundled Processing of Work Authorizations for H and L Dependents

Jackson Lewis P.C. on

In January 2025, the settlement agreement that returned USCIS to its practice of “bundling” adjudication of extensions of stay and applications for employment authorization documents (EADs) for dependent spouses of H-1B and...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

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

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

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

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

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

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

UB Greensfelder LLP

Immigration Settlement Clears the Way for Thousands of H-1B and L-1 Spouses to Work in the US

UB Greensfelder LLP on

Immigration Settlement Clears the way for thousands of H-1B and L-1 spouses to work in the U.S., Ulmer Immigration Group Leader David Leopold explains....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

Foley & Lardner LLP

H-1B Registration Not Selected? Here are Other Options for Seeking Temporary Employment Authorization

Foley & Lardner LLP on

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

Miles & Stockbridge P.C.

Business Immigration and the Biden Administration

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

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

DHS Withdraws Proposed Rule to Rescind H-4 Work Authorization Program

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

Seyfarth Shaw LLP

The Cloud over H-4 EADs Has Finally Been Lifted

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Office of Information and Regulatory Affairs within the Office of Management and Budget announced that the long-pending rule to rescind work authorization for certain H-4 holders has been withdrawn. The...more

Williams Mullen

New Electronic H-1B Registration Process Confirmed for Fiscal Year 2021

Williams Mullen on

U.S. Citizenship & Immigration Services (USCIS) confirmed it will utilize a new electronic registration system for the Fiscal Year 2021 H-1B lottery.  By way of background, the H-1B visa program allows companies in the United...more

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

Beltway Buzz - May 2019 #3

Spring Regulatory Agenda Issued. On May 22, 2019, the Office of Information and Regulatory Affairs (OIRA) released the administration’s Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions. Before diving into the...more

Harris Beach Murtha PLLC

Rule to Eliminate H-4 EAD Work Authorization Under Review by OMB

The Trump administration may eliminate an opportunity for spouses and children of H-1B workers to work in the United States while waiting for green card adjudication. How will this impact the state of our economy?...more

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

USCIS Delays Implementation of Revised Form I-539 and New Form I-539A

U.S. Citizenship and Immigration Services (USCIS) announced that the agency is postponing the implementation of the revised Form I-539 and the new Form I-539A. USCIS will continue to accept the current Form I-539, with the...more

WilmerHale

Trump Administration Seeking to Remove H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization

WilmerHale on

The Trump Administration is moving forward with plans to rescind a rule that allows the spouses of H-1B visa holders to work in the U.S. On February 22, 2019, the Department of Homeland Security (“DHS”) sent a proposed rule,...more

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

Beltway Buzz - February 2019 #4

The Presidents’ Day holiday (more on this below), a snow day for the federal government, and Congress being out of town resulted in a slow week on the labor and employment policy front. Nonetheless, here are a few things that...more

Jackson Lewis P.C.

DHS Moves To Rescind H-4 EAD Rule For Spouses Of H-1B Workers

Jackson Lewis P.C. on

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

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