USCIS Policy Alert on Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses
On November 12, 2021, the Department of Homeland Security (DHS) issued a policy alert that addressed the automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. 8 CFR 274a.13(d) of the Immigration & Nationality Act (INA) provides that employment authorization, Employment Authorization Documents (Form I-766 or EAD), or both, may […]
Traveling Internationally After Obtaining Lawful Permanent Resident Status
Can I Travel Internationally After Obtaining Lawful Permanent Resident Status On occasion, we have clients who receive their Green Cards and ask about whether they can pursue a job opportunity abroad because it will further their career progression. We advise that a lawful permanent resident (green card holder) may leave the United States multiple times […]
Dissecting Dhanasar: Inside the Case Governing National Interest Waivers EB-2 (NIW) Visa Classification
In 2016, the Administrative Appeals Office (AAO) of U.S. Citizenship and Immigration Services (USCIS) decided Matter of Dhanasar 26 I&N Dec. 884 (AAO 2016), which clarified and revised the standard for obtaining a national interest waiver (NIW) of the PERM labor certification job offer requirement under the EB-2 immigrant visa classification. The AAO’s decision vacated […]
Adjustment of Status
What constitutes unlawful presence? Unlawful presence refers to entering the U.S. illegally or remaining in the United States beyond an authorized period of stay. Unlawful presence is not the same as being out of status, which refers to losing the valid status through which the foreign national initially entered the United States. At what point […]
