USCIS Temporarily Increases Automatic EAD extension up to 540 days

Starting May 4, 2022, USCIS will increase the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The following employment eligible categories are eligible for an automatic: The eligibility category you listed on your Form I-765 renewal...

Healthcare workers may request expedited processing of their pending Form I-765s (EADs)

On December 28, 2021, USCIS issued guidance allowing healthcare workers to request expedited processing of their pending I-765 EAD applications. To determine whether you are a qualifying healthcare worker, see this DHS advisory memorandum (“Healthcare / Public Health” section, pages 7-9). You should be prepared to provide evidence of your profession or current employment as a healthcare...

Settlement Reached: H-4 EAD Renewals Now Also Qualifies For Automatic 180-Day extension and L-2s Get Work Authorization Without EAD.

Update May 12, 2022 On Nov. 12, 2021, USCIS issued a policy announcement to clarify that it will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish between E and L spouses and children. As of Jan. 30, 2022, USCIS and...

Individuals From Hong Kong May Apply For Employment Authorization Through 02/05/2023

USCIS announced today that eligible Hong Kong residents may apply for employment authorization covered under President Biden's Aug. 5 memorandum directing Deferred Enforced Departure (DED) for 18 months, through February 5, 2023. See Biden Grants “Safe Haven” to Hong Kong Residents Eligible Hong Kong residents who were present in the United States as of August 5, 2021, may apply for an...

Petitioners with pending U visa petitions are now eligible to receive EADs

On June 14, 2021, USCIS updated its policy manual to allow eligible U visa petitioners (victims of crime in the United States) access to employment authorization sooner. Currently, U visa petitioners are waiting approximately five years before receiving a determination that allows them access to an employment authorization document and grant of deferred action. Through this new process, USCIS...

Policy updates: Expedited processing clarifications; No denial without RFE; Some EADs will be issued for two years

On June 9, 2021, USCIS issued policy updates to improve the immigration system. Improvements are expected to continue under the Biden administration. USCIS is committed to modernizing the immigration system and operating it in a fair, efficient, and humane manner. Expedited Processing USCIS provided further guidance on when expedited processing may be warranted. Please see our post regarding...

Special Employment Authorization for Burmese F-1 Students

DHS will suspend certain requirements governing employment for Burmese F-1 students. This will provide relief to citizens of Burma who are lawful F–1 nonimmigrant students so that they may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F–1 nonimmigrant student status. F–1 nonimmigrant...

Breaking: USCIS to Eliminate Biometrics Requirement for I-539 filers starting May 17, 2021

On May 3, 2021, USCIS announced that it will suspend biometrics requirement for individuals filing Form I-539 to request an extension of stay in or change of status to H-4, L-2 and certain E nonimmigrants. The declaration was made in response to a lawsuit (Edakunni v. Mayorkas) challenging tH-4 and L-2 adjudication delays.  The biometrics suspension will apply to the H-4, L-2, and E-1, E-2,...

Expediting a Pending I-765 EAD

Update 6/11/2021 USCIS has clarified the circumstances under which it will consider expedited requests (ER). NBC is processing expedited request (ER) of EADs very quickly. Call USCIS customer service for ER and ask to speak to Tier 2 officer. Tier 2 will call back in a week or so. Provide financial loss docs. Most are approved without any docs. If doc is requested, some examples include a letter...