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...
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...
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,...
Update January 6, 2023 We are now seeing H-4s being approved at the same time as premium-processed H-1Bs. Previously, there was a delay of about 2 to 3 months. Adjudicating H-4s, H-4 EADs, and a premium-processed H-1B at the same time was the standard protocol before 2019. In March 2019, USCIS began requiring H-4 applicants to attend ACS appointments and deposit their biometrics which led to...
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spouses from the class of aliens eligible for employment authorization” will not only be delayed but completely withdrawn by the Department of Homeland Security.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....