Delays in Production of EADs and Green Cards

Delays have been reported between the approval of a Form I-765 or I-485 and the client's receipt of the employment authorization document (EAD) or lawful permanent resident card. USCIS has confirmed that the card production facility in Corbin, Kentucky, is undergoing maintenance, and that all card production work was transferred to the facility in Lee's Summit, Missouri. As a result, there is a backlog of cases in Lee's Summit, and clients may not receive their cards until two to three weeks after approval of the underlying application. USCIS anticipates that the backlog will be resolved sometime next month.

Employment Authorization for Certain H-4 Dependent Spouses Final Rule in Effect Today, May 26, 2015

From USCIS, 05/26/2015

Certain H-4 dependent spouses may now apply for employment authorization under the H-4 rule. On February 24, 2015, USCIS announced that effective today, May 26, 2015, the Department of Homeland Security (DHS) would begin accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status.

Starting today, you may apply for employment authorization under this rule if your H-1B nonimmigrant spouse:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has 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 (AC21). AC21 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.

For more information on applying for employment authorization under the H-4 rule, please visit the Employment Authorization for Certain H-4 Dependent Spouses Web page and the list of Frequently Asked Questions that USCIS has compiled since they announced the H-4 rule in February.

USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses

USCIS has published information to help eligible H-4 dependent spouses who want to apply for employment authorization under the Employment Authorization for Certain H-4 Dependent Spouses final rule.
You can view the information on:

• The Employment Authorization for Certain H-4 Dependent Spouses Web page, and
• The list of Frequently Asked Questions that we have compiled since we announced the H-4 rule in February.

Please note that you may not apply for employment authorization under this rule until May 26, 2015. Until the H-4 rule takes effect on May 26, 2015, USCIS will not accept any Form I-765, Application for Employment Authorization requesting employment authorization based on your H-4 status. If you submit a Form I-765 before May 26, 2015 USCIS will reject your application and return it and the filing fee to you. You would then need to re-submit the application on or after May 26, 2015.

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence

From www.uscis.gov, 02/24/2015

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.

For more information on USCIS and its programs or about this rule and filing procedures, please visit uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

USCIS Director Says H-4 EAD Rule is Near Completion

From Fragomen.com, 01/22/2015

In a conference call with stakeholders, U.S. Citizenship and Immigration Services (USCIS) Director Leon Rodriguez said that his agency is completing work on a regulation that allows certain H-4 nonimmigrants to apply for employment authorization, with implementation “close at hand.” Director Rodriguez offered no concrete details or timelines, but he reassured stakeholders that no policy issues remain unresolved. Rather, the agency is finalizing administrative matters concerning issuance of employment authorization documents (EADs) to eligible H-4 nonimmigrants. The regulation was originally slated for publication in December 2014. 

As originally proposed, the rule would allow an H-4 nonimmigrant to apply for employment authorization if his or her H-1B spouse (1) is the beneficiary of an approved Form I-140 immigrant worker petition; or (2) is the beneficiary of a labor certification application or an I-140 petition that was filed on his or her behalf 365 days or more in the past and is seeking or has obtained an extension of H-1B status beyond the sixth year on the basis of the pending permanent residence case. 

What’s Next for the H-4 EAD Rule 

USCIS must submit a final version of the regulation to the Office of Management and Budget (OMB) for review and clearance. After OMB gives its approval, the rule will be published in the Federal Register and an implementation date announced. USCIS is expected to begin accepting H-4 EAD applications soon after the rule is published. 

Details of the final rule -- including information about EAD eligibility and application requirements -- are confidential and will not be released until the rule is slated for publication. 

What This Means for Employers and Foreign Nationals 

Once the rule is implemented, eligible H-4 nonimmigrants will need to file a Form I-765 application for employment authorization, along with documentation of their H-1B spouse's permanent residence case. USCIS is expected to announce specific application procedures and requirements when the regulation is finally released. 

EAD Extensions for Syrians in F-1 Status

From The Federal Register, 01/05/2015

Extension of Employment Authorization for Syrian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Civil Unrest in Syria Since March 2011

F-1 nonimmigrant students whose country of citizenship is Syria who were lawfully present in the United States on April 3, 2012, and are experiencing severe economic hardship because of the civil unrest may apply for employment authorization under the guidelines described in 77 FR 20038. This notice extends the time period during which such F-1 students may seek employment authorization due to the civil unrest. It does not impose any new or additional policies or procedures beyond those listed in the original notice. All interested F-1 students should follow the instructions listed in the original notice.

This notice is effective January 5, 2015 and will remain in effect until September 30, 2016.

See details here: https://federalregister.gov/a/2014-30868