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Archive for the ‘Spousal Work Permits’ Category

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

June 3, 2022 Leave a comment

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 Expiresdate 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

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

May 18, 2022 Leave a comment

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

Significant Delays in EAD and Advance Parole Adjudication at USCIS

August 31, 2010 Leave a comment

Applicants waiting to receive EAD and/or Advance Parole card/approvals are experiencing delays.  Almost all USCIS Service Centers are taking three (3) months for processing these applications.  Since these applications could be filed 120 days prior to expiration, it is prudent to file an EAD and/or an AP application at least 110-120 days before the expiration or if seeking an EAD or AP for the first time.  It is important to note that applicants who filed a renewal EAD application and have an expired EAD are not authorized to work and should not work.  Doing so will be considered unauthorized employment and could result in penalties and cancellation of immigration benefits.

WSJ Article discusses “Outdated Indian Visa Rules” But Completely Ignores H-4 Visa Issue

December 11, 2009 Leave a comment

An Article published on Wall Street Journal criticizes unfavorable visa rules in India that do not allow for spousal work permits.  Guess What? I did a ctrl+F to find the word “H-4” in this article and to my surprise, there is absolutely no mention of U.S. visa rules pertaining to H-4 visa holders’ inability to work.  According to the article, the U.S. recognized work visa categories and “allows their spouses to seek employment freely or with the minimum of procedure”.  We all know that this statement is not complete.  Well, how could a discussion on spousal work permits in the U.S. immigration be complete without addressing the inability of H-4 spouses to seek employment?  In response to the said article, I provided my comments to the author:

Ms. Kathleen:

I read your article on outdated visa rules in India.  While I understand your argument that the rules should be relaxed so dependent spouses (husband or wife) could apply for work permit, it is quite important to note the reciprocity rules and how thousands of Indians are left to stay home without having an ability to work. 

For example, in the U.S., there are thousands of H-4 individuals, dependent visa holders of H-1B work permit visa holding spouses.  These H-4 folks are several times high in number compared to L-2 spouses, dependents of L-1s.  E-1 or E-2 is not available for Indian nationals.  This means that even though there are thousands of eligible H-4 spouses with college degrees, they are staying home doing nothing.  There is no rationale I can think of in allowing L-2 and E-2 spouses to work and not H-4 other than the rationale that if H-4 spouses are allowed to work, that would mean the H-1B quota is in essence twice in number because most H-4 spouses are well-qualified to get a job in the U.S. and will indeed get those jobs.  This narrow-minded, restrictive rule of not allowing H-4 spouses to work is missing in your article.       

If you want to truly raise your voice for spousal work permits, please include the H-4s in your future articles as well.  Your article is totally one-sided in its interpretation of US immigration laws, totally ignoring the most important visa category  – H-1B/H-4.  Any “work permit for spouses” argument cannot ignore the H-4 spousal work permits.  In fact, there are websites if you are interested in checking out.
http://www.h4help.org/jjj/index.php/Jobs.html
http://www.lekhika.com/h4help/

Regards,
Krishna Palagummi

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