H-4 spouses are eligible to apply for work authorization from USCIS if the H-1B principal: Has an approved Form I-140 Immigrant Petition or Has an approved successor form or Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Centu...
Immigration Newswire
Immigration law is composed of statutes, regulations, case law and non-binding agency guidance. The primary statute with which we deal as immigration attorneys is the Immigration and Nationality Act.
The regulations we reference are all included in various volumes of the Code of Federal Regulations (“CFR”). We primarily use 8 CFR, which is USCIS regulations; 20 CFR, which is Department of Labor regulations; and 22 CFR, which is Department of State regulations.
In addition, we cite to precedent decisions by the Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO).
Finally, the various federal agencies with which we deal provide frequent administrative guidance which is not binding but which governs their internal policies.
By providing you with the latest immigration legal news, we hope to offer practical insights into the ways various legal provisions are being construed by the government.
Changes in Work Authorization for L-2, E, and H-4 Dependents
On November 12, 2021 USCIS released a policy alert impacting work authorization for certain dependents of nonimmigrant status holders.
Changes to Automatic Employment Authorization Document (EAD) Extensions
Effective May 4, 2022, USCIS introduced a Temporary Final Rule regarding automatic extensions for certain EADs. The Temporary Final Rule provides an additional 360-day automatic EAD extension period for certain categories that already benefit from USCIS’s prior 180-day automatic EAD extension. The Temporary Final Rule is in effect through October 26, 2023.
Retaining Non-Expired EAD at Conclusion of AOS Interview
Applicants for Permanent Residency in the United States are able to acquire employment authorization while they are waiting to adjust status. By Noelle McLaughlin Applicants for Permanent Residency in the United States are able to acquire employment authorization while they are waiting to adjus...
Federal Court Grants USCIS 90-Day Extension of STEM OPT Rule
As we previously reported, a federal court, in August 2015, struck down the STEM OPT provision because USCIS failed to follow the proper procedures in implementing it. As we previously reported, a federal court, in August 2015, struck down the STEM OPT provision because USCIS failed to follow th...
Updates on STEM OPT Program and Comment Period for New Rules
In 2014, the Washington Alliance of Technology Workers filed a lawsuit against the Department of Homeland Security (DHS) which claimed that DHS had overstepped their authority by implementing an interim rule in 2008 that expanded the OPT (optional practical training) program for students with STE...
Permanent Portability Under AC21
The American Competitiveness in the Twenty First Century Act (P.L. 106-313), or AC21, provides permanent portability for long delayed applicants for adjustment of status. The American Competitiveness in the Twenty First Century Act (P.L. 106-313), or AC21, provides “permanent portability” for lo...
Transitioning from F-1 Status to H-1B
Many international students who attend school in the United States in F-1 status seek U.S. employment upon graduation. Most commonly, they seek employment in H-1B status. Many international students who attend school in the United States in F-1 status seek U.S. employment upon graduation. Most ...
H-4 EAD Final Rule Passed
On February 25, 2015, the Department of Homeland Security (DHS) issued a Final Rule amending DHS regulations to extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants seeking employment-based lawful permanent resident status. On February 25, 2015, ...