Category Archives: Employment Authorization

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USCIS to Resume H-1B Premium Processing for Petitions Filed under FY2018 Cap

USCIS announced today that it will resume its premium processing service for all H-1B petitions that are subject to this year’s H-1B cap.  This news provides much needed relief to employers and foreign nationals, particularly in those situations where an employee is relying on F-1 optional practical training (OPT) cap gap provisions for work authorization. … Continue Reading

USCIS Posts Comprehensive Reports Containing H-1B and EAD Data

Under the heading “Transparency for U.S. Workers,” the U.S. Citizenship and Immigration Services (USCIS) uploaded five reports today containing comprehensive data regarding its H-1B and Employment Authorization Documents (EAD) adjudications. The H-1B reports “provide information about the hiring practices of employers who petition for foreign national workers.” The H-1B trend report contains statistics about the H-1B program … Continue Reading

USCIS to Begin Issuing Redesigned ‘Green Cards’ Starting May 1, 2017

U.S. Citizenship and Immigration Services (USCIS) announced on April 19, 2017 that the agency will begin issuing revamped Permanent Resident Cards (commonly referred to as “green cards”) and Employment Authorization Documents (EAD Cards) as a part of the Next Generation Secure Identification Document Project,  a multi-agency initiative aimed at modernizing security measures through advanced biometrics technologies. … Continue Reading

EAD Validity Extended for Six Months for TPS El Salvador

The United States Citizenship and Immigration Services (USCIS) will automatically extend the validity of Employment Authorization Document (EAD) cards issued under Temporary Protected Status (TPS) for El Salvador. The automatic extension will be for 6 months, through Sept. 9, 2017. Those who have an EAD issued under the TPS designation for El Salvador that expired Sept. … Continue Reading

USCIS Reissuing Employment Authorization Document (EAD) Receipt Notices for Certain EAD Categories Filed Between July 21, 2016 and Jan. 17, 2017

Beginning Feb. 16, 2016, USCIS began reissuing receipt notices on Form I-797 to applicants who continue to have pending applications for renewed employment authorization (EAD applications) under certain categories that were originally filed between July 21, 2016 and Jan. 16, 2017. EAD applications that were filed during this window did not fall within the benefits of … Continue Reading

DHS Extends TPS Status for Citizens of Yemen

By notice published in the Federal Register on Jan. 4, 2017, the Department of Homeland Security (DHS) announced that it will extend the Temporary Protected Status (TPS) for citizens of the Republic of Yemen for another 18 months (to September 2018). This extension allows qualified citizens of the Republic of Yemen to continue to stay … Continue Reading

Upgrade – DHS Finalizes Rules Affecting Employment-based Immigrant and Non-Immigrant Visa Programs

On Nov. 18, 2016, the Department of Homeland Security (“DHS”) published its final rule to “modernize and improve” employment-based non-immigrant and immigrant visa programs.  As stated by DHS, the primary purpose of the improvements is to enhance the ability of U.S. employers to hire and retain specific foreign national employees who are the beneficiaries of … Continue Reading

DHS Extends TPS for Nepal

In June 2015, the Department of Homeland Security (DHS) designated Temporary Protected Status (TPS) for Nepal on environmental disaster grounds due to conditions resulting from a severe earthquake in the country in April 2015. On Oct. 26, 2016, DHS extended TPS for eligible nationals of Nepal for an additional 18 months, effective Dec. 26, 2016 … Continue Reading

Update on DHS Proposed Rules Affecting Employment-based Immigrant and Nonimmigrant Visa Programs

As reported, in December 2015, USCIS published a proposed rule on the Federal Register in which the Department of Homeland Security (DHS) seeks to improve job portability for highly skilled immigrants and clarify issues affecting foreign nationals in employment-based nonimmigrant visa categories like H-1B. The proposed regulations received almost 28,000 comments. On October 24, 2016, … Continue Reading

USCIS Announces Fall 2016 Issuance of New Form I-9 Version; New Version Will Be Mandatory January 2017

On Sept. 12, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification, on Aug. 25, 2016. After receiving over 130,000 stakeholder comments in response to the proposed issuance of a new Form I-9, USCIS will publish the revised form version … Continue Reading

DHS Expands and Extends Employment Authorization and Suspension of Certain Conditions for Eligible F-1 Students with Syrian Citizenship

On Sept. 9, 2016, the U.S. Department of Homeland Security (DHS) extended the suspension of certain requirements for F-1 students with Syrian citizenship who can demonstrate severe economic hardship resulting from Syria’s continuing civil unrest.  The notice also extends the effective date of the previously announced authorization period through March 31, 2018 and expands the … Continue Reading

July 2016 “SEVIS by the Numbers” Report Indicates Growth in the Number of International Students Studying in the United States

This week, the Student and Exchange Visitor Program (SEVP) published its quarterly “SEVIS by the Numbers” report announcing that there are over one million international students in the United States.  Many of these students will seek employment with U.S. companies using work authorization granted to them pursuant to their F or M visa status.  In … Continue Reading

U.S. Department of Homeland Security Renews TPS for El Salvador

Through a recent publication of the Federal Register, the Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador effective Sept. 10, 2016, through March 9, 2018.   The extension allows eligible TPS beneficiaries to retain TPS through March 9, 2018, so long as they otherwise continue to meet … Continue Reading

Greenberg Traurig Attorneys Present At Career Issues in Art and Design Conference (CIAD)

Greenberg Traurig attorneys, Kate Kalmykov and Nataliya Rymer, recently presented at the 2016 CIAD Conference hosted at the New School in New York City.  Attended by representatives including ISOs and DSOs from over 25 educational institutions across the East Coast, this two day event provided insight on career issues in arts and design.  Kalmykov and … Continue Reading

Open for Comments: Draft Form I-765V, EAD Application for Abused Nonimmigrant Spouses

On May 27, USCIS posted for comment on the Federal Register draft versions of Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse and its instructions. Under section 106 of the Immigration and Nationality Act, abused spouses of certain nonimmigrants are eligible for employment authorization: i.e., the spouses of foreign nationals in the following … Continue Reading
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