Today, the American Immigration Lawyers Association (“AILA”) and its litigation partners achieved a historic settlement with the Department of Homeland Security (“DHS”) in Shergill, et al. v. Mayorkas, Case 2:21-cv-01296, 9/23/21 in the U.S. District Court for the Western District of Washington.
In Shergill, AILA brought a class action lawsuit on behalf of H-4 and L-2 spouse who had applied for work authorization as the dependents of H-1B and L-1 principal visa holders, but had faced processing delays, forcing them out of employment and creating gaps in work authorization.
The parties’ settlement reverses a U.S. Citizenship and Immigration Services (“USCIS”) policy that prohibited H-4 spouses from obtaining automatic extensions of their employment authorization during the pendency of standalone employment authorization document (“EAD”) applications. The settlement represents a massive change in position by USCIS, which now recognizes that L-2 spouses enjoy automatic work authorization based upon their underlying status, meaning spouses of executives and managers will no longer have to apply for EADs prior to working in the United States. Continue reading “Breaking News: Major Settlement Changes How USCIS Will Adjudicate Employment Authorization Documents for Nonimmigrant Spouses”
Beginning November 8, 2021, adult foreign nationals traveling to the United States by air, with limited exceptions, must demonstrate proof of full vaccination against COVID-19 and must also provide a negative COVID-19 test taken in the past 3 days.