H-4 EAD

The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers through the end of 2022 to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by the U.S. Citizenship and Immigration Services. This new authorization applies to temporary workers applying for H-1, H-3, H-4, L, O, P,
Read more . . .

As of November 12, 2021, USCIS considers E-1, E-2, E-3 and L-2 dependent spouses employment authorized incident to status.

To obtain an Employment Authorization Document (EAD or Form I-766) evidencing both identity and employment authorization, such dependent spouses may file an Application for Employment Authorization (Form I-765).
Read more . . .

Ridgewood New Jersey - The Immigration and Nationality lawyers at the NPZ Law Group - VISASERVE - join their colleagues from the American Immigration Lawyers Association (AILA) and its litigation partners to celebrate the historic settlement with the Department of Homeland Security (DHS) in Shergill, et al. v. Mayorkas, which provides structural changes for nonimmigrant H-4 and L-2 spouses suffering from long delayed processing times for the processing of applications for employment authorization.

Read more . . .

Dear Stakeholder,

As you may have seen, U.S. Citizenship and Immigration Services (USCIS) announced it will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E derivative status.

Read more . . .

H-4 visa holders...are losing employment to a federal government order requiring them to obtain heavily backlogged fingerprinting services to renew visas and work permits even when they've provided their prints before.
Read more . . .

Due to long processing times, since 2014 companies have been forced to pay $2.4 billion in “premium processing” fees to ensure their business immigration cases are decided within a reasonable time. Critics say U.S. Citizenship and Immigration Services (USCIS) has no incentive to process cases faster because the more time it takes, the greater the revenue the agency receives in additional premium processing fees.

Read more . . .

The American Immigration Lawyers Association released USCIS documents following the settlement of a FOIA lawsuit that confirm their suspicions that USCIS has been limiting H-1B visas without legal precedent. 

The USCIS documents made public are “H-1B RFE Standards” from March 23, 2017, and “H-1B AC21 Denial Standards, from July 17, 2017. These changes followed the Trump administration’s policy of “Buy American, Hire American,” and intentionally restricts highly skilled foreign workers from US jobs.

Read more . . .

The adage that “everything in life comes full circle” could very well predict the future of work authorization in the U.S. for the dependent spouses of individuals who hold valid H-1B visas.
Read more . . .

On May 6, 2014, the Department of Homeland Security (DHS) announced the publication of a proposed rule to extend employment authorization to dependent spouses (not dependent children) of certain H-1B workers. On May 12, 2014, DHS published the Notice of Proposed Rulemaking ("NPRM") in the Federal Register. The NPRM was subject to a sixty-day public comment period which ended on July 11, 2014. More than 12,000 comments were received. At present, DHS is reviewing those comments to finalize the rule.
Read more . . .

The spouses of some H-1B visa holders could receive work authorization in the U.S., according to a proposed rule change announced by the Department of Homeland Security (DHS). This change, finds its genesis in President Obama's initiative to strengthen entrepreneurship and retain talent. Deputy Secretary Alejandro Mayorkas stated: "These steps will help the U.S. maintain competitiveness with other countries in our efforts to attract the best and the brightest high-skilled workers from around the world to support companies here at home. Businesses continue to need these high-skilled workers, and these rules ensure we do not cede the upper hand to other countries competing for the same talent."
Read more . . .