Employment Authorization Document

The Department of Homeland Security (DHS) announced a new rule which permits certain noncitizen applicants to continue working without disruption while their requests for employment authorization are pending adjudication. Qualified individuals must have a pending Form I-765 (Application for Employment Authorization) and meet other criteria (timely filed, same employment category, received a Form I-797C notice) to continue working for up to 540 days from the expiration date stated on their Employment Authorization Documents (EADs or Forms I-766).

Continue Reading DHS Extends Work Permits for Approximately 18 Months, Immediately Affecting 87,000 Applicants

U.S. Citizenship and Immigration Services (USCIS) announced several new measures including expanding premium processing to additional form types, providing relief to individuals waiting for work permits and setting agency-wide backlog reduction goals. USCIS, a fee-based organization, faced an unprecedented budgetary shortfall and backlog of cases to be processed in 2020 and 2021 due to the coronavirus pandemic and resource constraints. According to data published by the agency, there are approximately 9 million forms pending adjudication.

Expanding Premium Processing

As part of the these efforts, USCIS published a final rule that expands premium processing (expedited adjudication for a fee). The final rule is expected to take effect at the end of May 2022, and USCIS will begin implementation – through a phased approach – as soon thereafter as feasible.

Continue Reading US Immigration Agency Announces Measures to Expedite Services and Decrease Pending Caseload

Federal law requires that employers attest to verifying each employee’s identity and authorization to legally work in the United States. By regulation, employees must present original, unexpired documents from the U.S. government’s published lists of acceptable documentation, which are classified as List A (Documents that Establish Both Identity and Employment Authorization), List B (Documents that Establish Identity) and List C (Documents that Establish Employment Authorization).

Continue Reading Change to Form I-9 Employment Eligibility Verification: List B (Documents that Establish Identity)

Effective January 31, 2022, Customs and Border Protection (CBP) has implemented new Codes of Admission for spouses and children of L and E visa holders.  The new codes are:

E-1S – Spouse of E-1 E-3S – Spouse of E-3
E-1Y – Child of E-1 E-3Y – Child of E-3
E-2S – Spouse of E-2 L-2S – Spouse of L-1A or B
E-2Y – Child of E-2 L-2Y – Child of L-1A or B


Continue Reading CBP Announces New Admission Codes for Work-Authorized L2 and E2 Spouses

On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert and new policy guidance addressing Employment Authorization Document (EAD) auto-extensions for H-4, E, and L spouses and to clarify that E and L dependent spouses will be considered work authorized incident to nonimmigrant status.  USCIS confirmed that the Department of Homeland Security (DHS) will take steps to modify Forms I-94 to distinguish E and L dependent spouses from E and L dependent children.  Until Forms I-94 are updated, E and L spouses will continue to require an EAD (or an automatically extended EAD) as evidence of employment authorization.  Under the terms of a settlement entered into on November 10, 2021, the changes to L-2 Forms I-94 will be made within 120 days.

Continue Reading USCIS Relaxes Rules for H-4, L-2, and E-2 Spouse Work Permits