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10 Nov 2021

NewsFlash! Major Improvements to Work Authorization Process for L-2 and Certain H-4 Spouses

The American Immigration Lawyers Association (AILA) announced today that a settlement has been reached with the U.S. Department of Homeland Security (DHS) related to work authorization for L-2 and certain H-4 dependent spouses.The official text of the settlement agreement has not yet been posted. However,...

13:23 / For Families / For Individuals / Homeland Security / NewsBrief / Nonimmigrant Family / Worker
04 Nov 2021

I filed an H-4 EAD renewal application about 4 months ago. I have heard that the USCIS frequently is taking 1 year or more to adjudicate these applications. Can I sue the USCIS to get them to adjudicate my EAD application?

Answer You can file a writ of mandamus against the USCIS to try to force the agency to adjudicate your case. If the court agrees that there has been an unreasonable delay in adjudicating the case, the judge could order the USCIS to complete its adjudication.That...

07:03 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family
04 Nov 2021

My I-485 was approved at the end of October. However, my wife’s I-485 is still pending, and the cutoff date has now retrogressed before my priority date. Can I sponsor her for a family-based green card? Do I have to wait a certain amount of time after getting my GC before I can sponsor someone?

Answer There is no set amount of time a lawful permanent resident must wait to sponsor a qualifying family member for a green card. Further, the fact that she has a pending employment-based green card case does not prevent her from also being sponsored for a...

06:58 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
28 Oct 2021

I have an H-4 EAD and am running a small business from my house. The business is registered in my name, and I am the sole employee. My EAD renewal is pending. If the new EAD is not issued before my current one expires, I will stop doing any business until the new EAD is issued. Do I have to take some formal step of shutting down my business during the EAD renewal period to show the USCIS that I am not working without authorization?

Answer There is no regulation that requires a person with an H-4 EAD to formally shut down a business while waiting for an EAD renewal to be approved. If you can show that the business was truly dormant during this period, it is hard to imagine...

09:05 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
14 Oct 2021

I am in H-4 status and am enrolled in a master’s program. Do I need to change to F-1 status in order to be eligible for the master’s cap after I graduate?

Answer There is no requirement that a person take classes while in F-1 status in order to qualify for the master's cap. (13.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

08:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Student / Worker
04 Oct 2021

TN Status: Employment Option for Canadian and Mexican Citizens

Under the U.S.-Mexico-Canada Agreement (USMCA), qualifying Canadian and Mexican nationals can work in the United States in a wide range of positions under the USMCA professionals (TN) classification. Although the TN classification has some key limitations, in many cases it can provide employers with a...

11:20 / Consulates / For Employers / For Families / For Individuals / InfoArticle / Nonimmigrant Family / Options / Worker