USCIS Allows Employment Authorization Document (EAD) Automatic Extension for 540 Days

Noncitizens in certain employment eligibility categories who timely file EAD application to renew their EADs may receive an up to 540-day automatic extension of their employment authorization (EAD) validity. The renewal application must be for the same employment eligibility Category Code as the current EAD (except that for EADs with an A12 or C19 Category, the EAD renewal application can have either A12 or C19).

The automatic extension begins on the “Card Expires” date on the front of the EAD and generally continues for up to 540 days, unless USCIS denies the renewal application earlier. To help employers calculate the maximum up to 540-day period, USCIS has developed the EAD Automatic Extension Calculator, which can be accessed below.

The temporary rule extends to employees in the following categories: A03, A05, A07, A08, A10, A17, A18, C08, C09, C10, C16, C20, C22, C24, C26, C31, and A12 or C19.

Automatic EAD Extension Calculator Tool provided by USCIS: https://bit.ly/3xcQQpI

USCIS Implements Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

U.S. Citizenship and Immigration Services is implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

The expansion will occur in phases:

• Beginning June 1, 2022, we will accept Form I-907 requests for E13 multinational executive and manager petitions received on or before Jan. 1, 2021.
• Beginning July 1, 2022, we will accept Form I-907 requests for E21 NIW petitions received on or before June 1,2021, and E13 multinational executive and manager petitions received on or before March 1, 2021.

Employment-Based Visa Numbers- June 2022 Eligibility to File Adjustment Applications

Update from CBP on L-2 and E Spousal Work Authorization

The U.S. Customs and Border Protection (“CBP”) has confirmed to AILA that it proactively went into the electronic I-94 card system to update all L-2 I-94s for L-2 spouses, 22 years of age or older, to add “S” to the status for those who entered prior to 1/31/22. Those entering 1/31/22 or later have had
the “S” added upon entry to the U.S.

It is imperative to note that CBP did not add the “S” to L-2 I-94 cards for foreign nationals ages 18-21 at time of entry, due to uncertainty about whether they were dependent spouses or children. This subset of I-94s cannot be updated through Deferred Inspections Unit either. The “S” will need to be added to applicable I-94s on next entry to the U.S., by presenting evidence of spousal relationship, or through the next filing with USCIS.

As far as E spouses are concerned, CBP was unable to make this adjustment for E spouses as it is not possible to distinguish between an E-1/E-2/E-3 principal and an E-1/E-2/E-3 dependent spouse. To seek the “S,” E spouses will need to follow the instructions above.

USCIS is now issuing I-797 approval notices for L-2 and E spouses that specifically state the
notice may be used to document work authorization and for completion of Form I-9. For more information on this, please click here: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-employment-authorization-for-e-and-l-nonimmigrant-spouses

Employment-Based Visa Numbers- March 2022 Eligibility to File Adjustment Applications

USCIS Decoupling Adjudication of EADs and Advance Paroles to Expedite EAD Issuance

Deviating from its practice of issuing “combo card” for EAD and Advance Parole approvals, the U.S. Citizenship and Immigration Services (USCIS) is now processing and approving the two applications separately. USCIS stated that the processing change is intentional as it is working through the EAD backlog and is prioritizing EAD adjudication as it seeks to avoid applicants experiencing a lapse or prolonged lapse in employment authorization.

Employment-Based Visa Numbers- November 2021 Eligibility to File Adjustment Applications

For the month of November, the USCIS has indicated that it will use the Dates for Filing chart in the Department of State Visa Bulletin for November 2021.

COVID-19 Vaccination Requirement for Immigration Medical Exam

USCIS announced that effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record.

The COVID vaccine requirement applies prospectively to all Forms I-693 signed by the civil surgeons on or after October 1, 2021. USCIS is working on updating Form I-693 and the form instructions to incorporate this new requirement. USCIS may grant blanket waivers if the COVID-19 vaccine is:

• Not age-appropriate;
• Contraindicated due to a medical condition;
• Not routinely available where the civil surgeon practices; or
• Limited in supply and would cause significant delay for the applicant to receive the vaccination.