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Automatic Employment Authorization Document (EAD) Extension

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Starting Jan. 17, 2017, USCIS is automatically extending certain expiring EADs for up to 180 days for applicants who:

  • Properly filed for a renewal EAD before their current  EAD expired, and
  • Are otherwise eligible for a renewal, which means that:
    • Your EAD renewal is under a category that is eligible for an automatic 180-day extension (see the list of categories below); and
    • The Category on your current EAD matches the “Class Requested” listed on this Notice of Action.  (Note:  If you are a TPS beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other).

We are doing so to help prevent gaps in employment authorization and documentation. This extension applies to Form I-765 renewal applications that are still pending on January 17, 2017, and to Form I-765 renewal applications filed on or after Jan. 17, 2017.

https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

 


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Premium Processing Temporarily Suspended for H-1B Extensions

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USCIS has temporarily suspend premium processing for all H-1B extension petitions in order to shift resources to the newly implemented H-4 EAD program. The H-4 EAD program allows spouses of H-1B workers with an approved I-140 petition,  to apply for a work permit to work in the United States. Premium processing will be suspended until 7/27/15.


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DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependents

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Release Date: February 24, 2015

USCIS Link

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” Rodríguez said. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

  • Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

DHS expects this change will reduce the economic burdens and personal stresses H-1B nonimmigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status, and facilitate their integration into American society. As such, the change should reduce certain disincentives that currently lead H-1B nonimmigrants to abandon efforts to remain in the United States while seeking lawful permanent residence, which will minimize disruptions to U.S. businesses employing them. The change should also support the U.S. economy because the contributions H-1B nonimmigrants make to entrepreneurship and science help promote economic growth and job creation. The rule also will bring U.S. immigration policies more in line with those laws of other countries that compete to attract similar highly skilled workers.

Under the rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). USCIS will begin accepting applications on May 26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.

USCIS estimates the number of individuals eligible to apply for employment authorization under this rule could be as high as 179,600 in the first year and 55,000 annually in subsequent years. USCIS reminds those potentially eligible that this rule is not considered effective until May 26, 2015. Individuals should not submit an application to USCIS before the effective date, and should avoid anyone who offers to assist in submitting an application to USCIS before the effective date.


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E-2 Visa Program Now Open to Israeli Investors

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The President has signed a bill into law allowing Israeli nationals to apply for the E-2 visa, which allows foreign investors from designated countries to live and work in the United States to oversee their investment.

immigration lawyers san diego


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dream act

Obama to announce his version of the DREAM Act

DHS to Offer Deferred Action to Eligible DREAMers

Cite as “AILA InfoNet Doc. No. 12061560 (posted Jun. 15, 2012)”

DHS will formally announce this morning that it will offer deferred action to DREAMers. Preliminary information indicates that eligible applicants must:

Be 15-30 years old, and have entered before age 16 Have been present in the U.S. for 5 years as of June 15, 2012 Have maintained continuous residence Have not been convicted of one serious crime or multiple minor crimes Be currently in school, graduated or have a GED, or is an honorably discharged veteran.

The deferred action offer will be available to those in proceedings, as well as to those who apply affirmatively.

The White House is expected to make a formal announcement this afternoon at 1:15pm ET. AILA will provide further details today.


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north county legal blog

DREAMers Legislation AILA

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What you should know about the DREAMers Legislation

AILA – American Immigration Lawyers Association
PLEASE SHARE WIDELY: DREAMERS NOT CURRENTLY IN PROCEEDINGS SHOULD NOT APPLY AFFIRMATIVELY FOR DEFERRED ACTION AT THIS TIME. USCIS HAS STATED THAT THEY WILL BEGIN ACCEPTING AFFIRMATIVE APPLICATIONS BY MID-AUGUST—STAY TUNED TO WWW.AILA.ORG/DREAM FOR INFORMATION ABOUT WHEN THIS AFFIRMATIVE PROCESS WILL BE AVAILABLE.

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