When Immigration Matters

On May 4, 2022, United States Citizenship and Immigration (USCIS) announced a temporary final rule that increases the automatic employment extension on Employment Authorization Documents (EAD) from 180 days up to 540 days in certain visa categories. The primary objective for the additional 360-day  extension is to prevent gaps in work authorization due to the USCIS’ significant processing delays for work permit renewal applications. 

U.S. Citizenship and Immigration Services is implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing only applies to certain previously filed Form I-140 petitions under a multinational executive and manager classification or EB-2 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

For non-citizens who wish to become legal permanent residents (green card holders), you will have to have an immigration medical exam. One of its intended purposes is to ensure you don’t have any communicable diseases that could be brought into the country. Examples of these are measles, mumps, and rubella. During your examination, doctors verify whether you have received the appropriate vaccinations. 

Spouses and dependents of L1 visa holders are issued L2 Visas. L-1A visas are foreign nationals who come to work in the US in a managerial or executive capacity. L-1Bs are similar, but the nature of work pertains to specialized knowledge. These are non-immigrant visas that enable you to live in the United States for a limited amount of time.

L2 Visa holders are allowed to work in the United States. However, up until now they needed to file an application with United States Citizenship and Immigration to obtain work authorization and could not work until they received approval. There are lengthy delays in obtaining approval which in some cases can take 9 months to a year.

Timing & the EAD

As a result of a federal lawsuit, US Citizenship and Immigration Services (USCIS) has issued a new policy which allows L2 visa holders entering the United States to immediately work without applying for work authorization. The ability to work will be noted on their I-94 issued by Customs and Border Protection and they will not have to apply for work authorization. The I-94 is the Arrival/Departure Record and the annotation will appear as “L2S”. The purpose of one is precisely what it sounds like—to keep track of non-citizens as they enter and exit the United States.

It is important to note that L2 visa holders who have not entered the USA since the change in recent policy still need to apply for work authorization or work authorization extensions unless they leave the USA and reenter on their L2 visa.


Pollak, PLLC

Contact Pollack, PLLC, for a complimentary consultation for more information about employment-based visas. We cannot change the world but we can change yours.

Spouses and dependents of L1 visa holders are issued L2 Visas.  L-1A visas are foreign nationals who come to work in the US in a managerial or executive capacity. L-1Bs are similar, but the nature of work pertains to specialized knowledge. These are non-immigrant visas that enable you to live in the United States for a limited amount of time. 

Can you believe that H-1B Season is upon us?   Each year, I say it seems like yesterday we filed last year’s H-1B Cap cases.  This year is particularly true as we have only recently filed certain H-1B Cap Cases randomly selected in a third lottery.  USCIS issued the most requests for evidence and denials it has ever issued on H-1B Cap cases.  In fact, USCIS has stated that it issued requests for evidence in 70 percent of the H-1B Cap cases filed.  So, what have we learned?

For those seeking an employment-based immigration visa, you may have the ability to receive a designation of first preference (EB-1). These visas are specifically for noncitizens who have proven to be leaders in their designated field. Generally, these people are academics, researchers, artists, athletes, and executives. 

Congratulations! You have a visa interview scheduled and are wondering what to expect. This article will break down everything you need to know about the big day.

The hidden impacts of the COVID-19 pandemic can be seen among the frayed personal relationships that connect people across the world. Family, friends, and romantic partners have been separated by more than just oceans and borders.