News & Analysis as of

Employment Authorization Documents (EAD) Non-Immigrant Visas Visas

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

Tonkon Torp LLP

FY2026 H-1B Cap Registration: What You Need to Know

Tonkon Torp LLP on

H-1B Registrations for the FY2026 cap season will open at noon ET on March 7, 2025, and run through noon ET on March 24, 2025. The USCIS filing fee is $215 per registration this year (a significant increase from $10)....more

Jackson Lewis P.C.

Venezuelan TPS Update: What Employers Should Know About 2023 Designation Not Extended

Jackson Lewis P.C. on

Announced in a Federal Register notice published Feb. 5, 2025, Secretary Kristi Noem decided not to extend the 2023 Venezuela TPS designation. That designation will expire April 7, 2025. DHS Secretary Noem announced on Jan....more

Akerman LLP - HR Defense

Navigating Immigration Challenges Under the Second Trump Administration: What Employers Need to Know

Akerman LLP - HR Defense on

As President-elect Trump’s administration prepares for a second term, employers should anticipate intensified changes to U.S. immigration policies and procedures. These changes are expected to significantly impact various...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

Lippes Mathias LLP

Problems Caused by U.S. Electronic Entry System

Lippes Mathias LLP on

In 2013, U.S. Customs and Border Protection (CBP) made its first moves toward a transition from paper admission documents to electronic issuance of I-94 Departure Records, which determine in what status and until what date a...more

Fox Rothschild LLP

UPDATE: Stateside H-1B Visa Renewal Pilot Program Coming Soon

Fox Rothschild LLP on

The U.S. State Department (U.S. DOS) has taken a step toward resuming issuance of H-1B visa stamps from within the United States. It is anticipated that this could begin in early 2024 with a limited pilot program to test the...more

Gibney Anthony & Flaherty, LLP

USCIS Expands Premium Processing Services

U.S. Citizenship and Immigration Services (USCIS) has started to offer premium processing service for certain long-pending, employment-based permanent resident petitions. Consistent with its previous announcement, USCIS is...more

Morgan Lewis

USCIS Further Extends Automatic Work Authorization Period for Certain Renewal Applicants

Morgan Lewis on

US Citizenship and Immigration Services (USCIS) on May 3 announced a temporary increase—up to 540 days—to the automatic extension period for employment authorization and employment authorization documents (EADs) for certain...more

Guidepost Solutions LLC

Immigration Alert: Longer Auto-Extensions for Work-Authorized Individuals Best Practices to Minimize Risk of Fines and Penalties

On May 4, 2022, the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) announced a vast increase in the length of automatic extensions for certain renewal applicants. A Temporary Final...more

Benesch

Non-Immigrant Employees with Expiring Employment Authorization Documents Get a Lifeline from DHS

Benesch on

The Department of Homeland Security announced that, effective May 4, 2022, the government was temporarily extending the automatic extension period for certain I-765 Employment Authorization Documents (EADs). Currently,...more

Gibney Anthony & Flaherty, LLP

USCIS to Expand Premium Processing Offerings

The Department of Homeland Security has published a final rule to expand premium processing service to expand premium processing service for certain immigration benefit requests. The rule takes effect May 31, 2022....more

Quarles & Brady LLP

Impact and Timing of the DHS Final Rule to Expand Premium Processing

Quarles & Brady LLP on

Today, March 30, 2022, the Department of Homeland Security (DHS) published a final rule expanding premium processing for multinational managers, advanced degree holders seeking a national interest waiver, nonimmigrant...more

Littler

USCIS Provides Updated Work Authorization Documentation Guidance for Certain Nonimmigrant Spouses

Littler on

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

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

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

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

L-2 EAD Renewals: Clarity For L-2 EADs After USCIS Settlement Agreement

On November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) reached a settlement in the class action Shergill v. Mayorkas. As part of the settlement, USCIS agreed to update its policy relating to H-4 and L-2...more

Burr & Forman

USCIS Expands Automatic Employment Authorization Extensions and Nonimmigrant Categories Eligible to Work Incident to Status

Burr & Forman on

Employment Authorization Document (EAD) processing times have been severely delayed in recent years, rendering certain dependent nonimmigrants temporarily ineligible to work and causing gaps in some U.S. employers’...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

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

USCIS Revises Policy Regarding Employment Authorization for H-4, L-2, and E Dependent Spouses

On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance addressing the automatic extension of employment authorization for H-4, L-2, and E dependent spouses in response to a class action...more

Herbert Smith Freehills Kramer

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

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

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