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
H-4
H-4 Dependent Spouses Breathing a Little Easier
As anticipated and indicated in our “heat map” of immigration actions during the first 100 days in office, the Biden administration has withdrawn a rule proposed by the Trump administration that would have eliminated work authorization for the H-4 spouses of certain H-1B visa holders. The decision to withdraw the rule will allow the H-4 dependent spouse of an H-1B nonimmigrant who:
- Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Has been granted an extension of their H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21)
to continue to file Form I-765, Application for Employment Authorization for an Employment Authorization Document (EAD). Under AC21 § 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for immigrant worker (Form I-140) has been filed on the nonimmigrant’s behalf.
Continue Reading H-4 Dependent Spouses Breathing a Little Easier
USCIS to Publish Revised Form I-539 and New Form I-539A
On March 11, 2019, USCIS will publish a revised Form I-539 with an edition date of February 4, 2019. Effective March 11, USCIS will only accept the new I-539; all previous editions will be rejected. In addition, the agency will introduce a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status to change…