New Rules for Certain EAD Holders and Cap-Gap Beneficiaries

In December 2024, USCIS published new rules introducing significant changes to Employment Authorization Document (EAD) extensions and the H-1B program. These updates aim to address processing delays and improve continuity for impacted workers and their employers. Key Changes to EAD Extension Periods The automatic extension period for certain EADs has been permanently increased from 180 days to...

Waivers of interviews for certain Nonimmigrant Visas until 12/31/2022

On December 23, 2021, the Department of State has authorized consular offices through the end of 2022 to waive the in-person interview requirement for additional visa types including temporary workers applying for H-1, H-3, H-4, L, O, P, and Q who meet certain conditions. Consular officers have the discretion to waive the interview requirement for individuals applying for these visa types that...

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...

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

Update April 19, 2023 USCIS has extended the suspension of biometrics requirements for H-4, L-2, or E nonimmigrant applicants until Sept 30, 2023. If the suspension applies to you, you do not need to submit a biometrics fee of $85 with your I-539 application. Original Post May 4, 2021 On May 3, 2021, USCIS announced that it will suspend biometrics requirement for individuals filing Form I-539 to...

USCIS Processing Update: H-4 / H-4 EAD

Update October 23, 2024 We have some new data on H-4 standalone applications (Form I-539) from both the California and Vermont Service Centers. Based on the latest case samples, the processing times range from 3 to 6.5 months. The median processing time is approximately 3.5 months. The fastest approval was 3 months, while the slowest took 6.5 months. Note that standalone cases are rare as most...

H-4 EAD is Here to Stay

In response to Ron Klain's Memo to delay all “midnight regulations”, the proposed rule “Removing H-4 dependent spouses from the class of aliens eligible for employment authorization” will not only be delayed but completely withdrawn by the Department of Homeland Security. Although many may now breath a sigh of relief, the current processing time for H-4 EAD is still a huge impediment....