Tag: EAD

USCIS has announced major policy guidance changes as to how they will adjudicate work permits for certain H-4, E, and L nonimmigrant dependent spouses. The process of obtaining employment authorization documents from USCIS has long been a problem in the immigration system. Recent litigation in the case Shergill, et al. v. Mayorkas reversed the USCIS […]

On September 9, 2021, the Department of Homeland Security (DHS) announced there will be an automatic extension of Temporary Protected Status (TPS) and the validity of TPS-related documentation for beneficiaries under the designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Notably, the automatic extension of TPS-related documentation includes Employment Authorization Documents (EADs), which […]

On November 18, 2016, the U.S. Department of Homeland Security (DHS) issued a final rule, Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers, which granted automatic extensions of Employment Authorization Documents (EADs) in certain circumstances. Specifically, the rule—effective January 17, 2017—automatically extends the employment authorization and validity of existing EADs […]

On December 7, 2020, the Department of Homeland Security (DHS) issued a Federal Register notice extending Temporary Protected Status (TPS) and the validity of TPS-related documentation for beneficiaries under the designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. TPS-related documentation includes Employment Authorization Documents (EADs); Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record.  […]

Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers are required to complete Form I-9 for any individual they hire in the United States—including citizens and noncitizens. Due to the outbreak of COVID-19, the Department of Homeland Security (DHS) announced on March 20, […]

Approximately 50,000 green cards and 75,000 employment authorization documents for approved cases have still not been printed as of July 16, 2020. Reasons for this reportedly vary from COVID-19 related delays, limited financial and personnel resources within USCIS, and current administration policies. In a statement dated July 21 by the USCIS Ombudsman, the agency states that it […]

COVID-19 is having a vast impact on immigration operations across all government agencies. To help navigate these challenges, Berardi Immigration Law is providing a summary with the most recent updates from US Citizenship and Immigration Services, Customs and Border Protection, the Department of State, and the Department of Labor.  Updates from USCIS  Premium processing suspended […]

United States Citizenship and Immigration Service (USCIS) processing times for Employment Authorization Document (EAD) applications continue to increase. EADs are relied upon by many categories of foreign nationals in order to lawfully work in the United States. The processing times vary by USCIS Service Center, in addition to the category in which the applicant is […]

One advantage of the H-1B visa is that immediate family members of the H-1B visa holder may apply for an H-4 visa, which will allow them to lawfully stay in the United States. What is more, the holder of an H-4 visa, who is seeking employment based on lawful permanent resident status, is eligible to […]

In 2015, the Obama administration created regulations extending eligibility for work authorization to H-4 dependent spouses. Currently, H-4 spouses are permitted to apply for employment authorization only if their H-1B spouse is (1) the principal beneficiary of an approved Form I-140, or (2) has been granted H-1B status under the American Competitiveness in the Twenty-First […]