USCIS Policy Update for Employment Authorization of H-4, L, and E Dependent Spouses

Shergill et al, v Mayorkas (21-cv-1296-RSM), a class action lawsuit, was filed by The American Immigration Lawyers Association (“AILA”) and its litigation partners Wasden Banias and Steven Brown, to address the extensive delays at United States Citizenship and Immigration Services (“USCIS”) in processing Employment Authorization Document (EAD) applications for dependent spouses of H-1B and L nonimmigrant visa holders. On November 10, 2021, AILA announced a settlement had been reached with the U.S. Department of Homeland Security (DHS) in the Shergill case, under which USCIS agreed to allow continued work authorization for certain H-4 and L-2 EAD applicants whose applications remained pending with USCIS. USCIS reversed its policy that prevented H-4 spouses “from benefiting from automatic extension of their employment authorization during the pendency of standalone employment authorization document (EAD) applications.” USCIS also agreed to implement policy guidance within 120 days to provide work authorization for L-2 spouses without requiring an EAD card.

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AILA files Lawsuit Challenging H-1B Wage-Based Selection Process

On Monday, May 17, 2021 under the representation of the American Immigration Lawyers Association (AILA), five nonprofit organizations and businesses filed a lawsuit against President Joe Biden’s administration challenging the move from an H-1B lottery system to a wage-based selection process.

The suit addresses the implementation of a Trump administration regulation that replaced the H-1B random, computerized H-1B lottery with a system that allocates H-1B visa numbers according to the Department of Labor’s four-level wage system. The final rule which was made effective as of March 9, 2021, and later delayed by the Biden administration to December 31, 2021, gives priority in the H-1B selection process to foreign nationals whose offered salary falls within the highest level of their occupation, continuing on to select cases in descending order from OES wage levels III, II and I.

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Immigration and Beignets: Highlights of the AILA Annual Conference June 2017

Last week, I attended my very first American Immigration Lawyers Association (AILA) annual conference. Lucky for me, it was in New Orleans, a city I have long wanted to visit. Protima and I had a great time touring the city, eating delicious food, and, oh yes, learning about immigration law! Being an AILA conference beginner, there was a lot to take in—four full days of panels was both exciting and exhausting. Here are some highlights of the experience.

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All US Embassies and Consulates Will Be Closed on October 9

The State Department informed the American Immigration Lawyers Association (AILA) that due to a Department of State consular systems upgrade, consular operations at all US Embassies and Consulates will be closed to the public on Friday, October 9, 2015. Individuals who already have an appointment scheduled for October 9 will be contacted to reschedule. Application Service Centers (ASCs) connected to certain posts may also experience closures. Applicants should review individual consular websites for additional information in the coming week, and also should prepare for possible delays in visa issuance after this date.

AILA: Delays in Production of Work Authorization and Green Cards

The American Immigration Lawyers Association (AILA) is reporting that there are delays in the issuance of employment authorization and permanent resident cards (aka Green Cards) after approvals of I-765 and I-485 applications. US Citizenship & Immigration Services (USCIS) has confirmed through AILA that because the card production facility in Corbin, KY is undergoing maintenance, all card production work has been transferred to the facility in Lee's Summit, MO, resulting in a production backlog. Recipients may therefore not receive their cards until two to three weeks after application approval. USCIS anticipates that the backlog will be resolved in September 2015.