On May 4, 2022, the Department of Homeland Security (“DHS”) issued a rule temporarily increasing the Employment Authorization Document (“EAD”) automatic extension period for certain renewal applicants. Under the temporary rule, the automatic extension was increased from 180 days to up to 540 days to address historically long processing times.
USCIS recently announced plans to revert back to 180-day automatic extensions, starting October 26, 2023. The following criteria must be satisfied to qualify for the automatic extension:
- The applicant must be renewing their ...
Employment Authorization Document (EAD) processing times have been severely delayed in recent years, rendering certain dependent nonimmigrants temporarily ineligible to work and causing gaps in some U.S. employers’ workforces. An EAD can take over 12 months for adjudication under current processing times. Recently, USICS issued guidance expanding its automatic EAD extension rules to apply to additional foreign nationals. The agency further confirmed L-2 and E-2 dependent spouses are considered eligible to work “incident to status,” meaning they no longer require ...
After months of anticipation, it appears the first major H-1B program-related change will be the recession of employment authorization for certain H-4 spouses. The change should have the largest effect on Chinese and Indian nationals who comprise the highest percentage of current H-4 work authorized beneficiaries.
Spouses and children of H-1B visa holders receive H-4 status so they can remain in the United States with their H-1B beneficiary relative. Historically, individuals in H-4 status were not granted work authorization. In 2015, the Obama Administration implemented a ...