DHS May Publish Proposal to Rescind H-4 Employment Authorization
Since March 2015, the Employment Authorization Document (EAD) program for spouses of H-1B beneficiaries (H-4) has been in place, offering H-4 spousal work authorization. However, in early 2017, the Trump Administration announced its intentions to review and reconsider the H-4 EAD program.
Prior to that date, in April 2015, a group...
Federal Appeals Court Sends H-4 EAD Lawsuit Back to Lower Court
In a , we noted that a proposed rule by the U.S. Department of Homeland Security (DHS) to rescind employment authorization for spouses of H-1B workers remained under federal review at the Office of Management and Budget (OMB). This was in response to Save Jobs USA v DHS, a lawsuit that challenges the work authorization of H...
Form I-9 Verification During EAD Production Delays
The production of certain Employment Authorization Documents (Form I-766, EAD) is delayed due to the COVID-19 pandemic. Therefore, USCIS has confirmed that employees may use Form I-797, Notice of Action with a notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of approval of Form I-7...
USCIS to Ease Work Authorization Process for Certain L-2 and H-4 Spouses
As a result of a settlement agreement in a lawsuit that challenged the lengthy processing delays of H-4 and L-2 Employment Authorization Document (EAD) applications (Shergill et al v. Mayorkas), USCIS has agreed to change its policies regarding these H-4 and L-2 EAD applications, including the following:
Certain H-4 noni...