ead | Scott Legal, P.C.

I am on an L-1 and my company is sponsoring me for a green card. Once my green card petition is filed and I receive my work authorization, do I need to extend my L-1 visa?

The L-1 visa allows companies abroad that have a qualifying relationship with a U.S. company to transfer employees to the U.S. in managerial, executive and specialized knowledge roles. The L-1 visa can be granted for up to 7 years for…

Jenny ZhanNovember 6, 2020

Immigration News

Congress Passes Stopgap Spending Measure and Premium Processing Services Expanded

Congress has passed a stopgap spending measure to ensure that the US government and several immigration operations will be extended through to December 11, 2020. The spending measure extended the four expiring immigration programs including the E-Verify, the EB-5 Regional…

Jenny ZhanOctober 9, 2020

Family Immigration Immigration

I filed a green card application. Should I apply for an Advance Parole and Employment authorization card?

If you are filing an Adjustment of Status application (either because a family member sponsored you or based on employment based petition), you may be wondering whether you should apply for a travel and work authorization and whether you should…

Jenny ZhanOctober 8, 2020

Deportation & Humanitarian Immigration

USCIS Issues Updated DACA Policy

USCIS has announced updated policies regarding adjudicating DACA requests and related work permit applications. The U.S. Supreme Court ruled on June 18 that the Trump Administration failed to provide an adequate justification for terminating the Deferred Action For Childhood Arrivals…

Jenny ZhanAugust 27, 2020

Covid 19

Huge Backlog in Green Card and Work Authorization Card Production

In June 2020, USCIS ended an outside contract with a company that produced secure cards such as green cards and employment authorization cards. USCIS has moved this service to its internal employees. However, given the reduced number of workers due…

Jenny ZhanJuly 23, 2020

Deportation & Humanitarian Immigration

Can I work while I am applying for Asylum Protection? What will cause the 180-day Asylum EAD Clock to stop? Understanding Asylum and Work Authorization

Can I work while I am applying for Asylum Protection? Not immediately. In order to apply for permission to work in the United States, 150 days must pass since your complete asylum application was filed where no decision has been…

Jenny ZhanJune 9, 2020

Covid 19 E-2 Visa Immigration Investor Visas

I am in the U.S. on E-2 employee visa. Can I apply for unemployment benefits due to the Coronavirus? Can my spouse apply for unemployment benefits due to the Coronavirus?

Due to the coronavirus outbreak, many of our clients ask us the following question: Can I apply for unemployment benefits? If I apply for unemployment benefits, will the government determine that I am likely to become a public charge? Let’s…

Jenny ZhanMarch 25, 2020

H-1B and E-3 Visa Immigration

Can I quit my current job and start working at another employer while my I-485 is pending? Can I use my approved EAD to work at another employer?

Many employment based green card applications are processed while an applicant is on an H-1B visa. This usually involves filing an I-140 petition along with an I-485 petition. You can find out more about the green card process by clicking here.…

Jenny ZhanMay 21, 2019

Family Immigration Immigration

My Green Card application is pending, and my EAD card and Advance parole are about to expire. Do I have to renew them? Do I have to pay for the renewals?

Let’s analyze the following scenario: You filed your Green Card application with the USCIS and you simultaneously applied for an Employment Authorization Document (“EAD”) card (Form I-765) and for an Advance parole (Form I-131), so that you are able to…

Jenny ZhanApril 17, 2019

H-1B and E-3 Visa Immigration

Proposed H-4 Work Authorization Rescission Regulation Under Federal Review

The Department of Homeland Security has submitted a proposal to rescind the H-4 spousal work authorization regulation to the Office of Management and Budget (OMB) for review. The rule was originally implemented in 2015 under the Obama Administration, permitted certain…

Jenny ZhanFebruary 21, 2019

News

USCIS Ombudsman Annual Report Confirms Continued Processing Delays and Emphasizes Anti-Fraud Initiatives

In the Annual Report to Congress, USCIS Ombudsman Julie Kirchner has addressed several anti-fraud initiatives that have caused delays and longer processing times for many applications. The Ombudsman’s office is an independent office created by Congress to recommend improvements for…

Jenny ZhanJune 29, 2018

H-1B and E-3 Visa Immigration Law Changes & New Law

USCIS Signals the End of H-4 Spousal Work Permits

In a letter dated April 4, 2018, The Director of USCIS Francis Cissna confirmed to the U.S. Senate Judiciary Committee that the proposal to end H-4 worker’s authorization moves closer to completion. The H-4 work authorization visa (H-4 EAD) was…

Jenny ZhanMay 24, 2018

Immigration

Automatic Termination of OPT for F-1 Students if they Transfer to a Different School or Begin Study at Another Educational Level

The United States Citizenship and Immigration Services (USCIS) have issued a reminder that F-1 students on Optional Practical Training (OPT) will have their OPT status terminated automatically if they transfer to another school or begin studying at another education level.…

Jenny ZhanMay 21, 2018

News

USCIS to Use Secure Mail Delivery Service

Starting from April 30, 2018, the United States Citizenship and Immigration Services (USCIS) will use U.S. Postal Service’s (USPS) Signature Restricted Delivery service to mail out Green Cards, Employment Authorization Cards, Travel Documents, and other secure documents. As part of…

Jenny ZhanMay 3, 2018

Immigration Law Changes & New Law

Undeliverable Permanent Resident and Employment Authorization Cards and Travel Documents to be Destroyed After 60 Days

The United States Citizenship and Immigration Services (USCIS) announced that, starting April 2, 2018, USCIS will destroy Permanent Resident Cards, Employment Authorization Cards, and Travel Documents that were returned as undeliverable by the U.S. Postal Service after 60 business days…

Jenny ZhanApril 9, 2018

Client Advice

Automatic Employment Authorization Document Extension

USCIS automatically extends certain Employment Authorization Documents (EADs, also known as work permits, or Form I-765) for up to 180 days for applications that meet the following two conditions. One, the applicant has already properly filed for a renewal EAD…

Jenny ZhanMarch 5, 2018

Immigration Immigration Law Changes & New Law

New I-765 Application for Employment Authorization Permits Foreign Nationals to Apply for Social Security Numbers Simultaneously

October 2, 2017 USCIS released an updated I-765 Application for Employment Authorization (EAD) featuring a new section which allows foreign nationals already in the U.S., in certain classifications, to apply for a Social Security Number (SSN) alongside the Employment Authorization…

IanScottOctober 9, 2017

Immigration

What happens if I apply for a renewal of work authorization but it’s not approved before the expiration of my current work authorization card?

If you work in the U.S. based on an approved employment authorization document (EAD), it is important to note the expiration date of the card. The United States Citizenship and Immigration Services (USCIS) is currently taking approximately 3 months to…

IanScottAugust 18, 2017

Deportation & Humanitarian Immigration Immigration

How long do I have to wait for an asylum interview? Can I get work authorization while I am waiting for my asylum interview?

Asylum is a humanitarian immigration benefit applied for by individuals who fear severe harm or persecution if they return to their country of origin. For more information on asylum and other humanitarian relief, please click here. Asylum can be applied…

IanScottMarch 12, 2017

Immigration

Can I Work in the U.S.? Do I Need a Work Permit to Work in the U.S.?

Each year, the United States admits thousands of foreign nationals to work in various industries around the country. Many of these foreign nationals work in specialized positions and are critical to the success of many U.S. companies. All foreign workers,…

IanScottFebruary 20, 2017

Family Immigration H-1B and E-3 Visa Immigration

Can I get work authorization as the spouse of an H-1B visa holder? Can I work if my spouse has an H-1B visa and has applied for an immigrant visa?

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. Spouses and children of H-1B visa holders may accompany their family member to the U.S. in H-4 status, however H-4 dependent spouses of…

IanScottOctober 12, 2016

E-2 Visa Immigration Investor Visas

Does A Spouse of an E-2 Investor Visa Holder Require Employment Authorization

An E-2 Investor Visa is a visa option available to foreign nationals who want to start and manage a business in the United States. The visa requires a capital investment to either start or purchase a business and the amount…

IanScottSeptember 1, 2014

ead | Scott Legal, P.C.

I am on an L-1 and my company is sponsoring me for a green card. Once my green card petition is filed and I receive my work authorization, do I need to extend my L-1 visa?

Congress Passes Stopgap Spending Measure and Premium Processing Services Expanded

I filed a green card application. Should I apply for an Advance Parole and Employment authorization card?

USCIS Issues Updated DACA Policy

Huge Backlog in Green Card and Work Authorization Card Production

Can I work while I am applying for Asylum Protection? What will cause the 180-day Asylum EAD Clock to stop? Understanding Asylum and Work Authorization

I am in the U.S. on E-2 employee visa. Can I apply for unemployment benefits due to the Coronavirus? Can my spouse apply for unemployment benefits due to the Coronavirus?

Can I quit my current job and start working at another employer while my I-485 is pending? Can I use my approved EAD to work at another employer?

My Green Card application is pending, and my EAD card and Advance parole are about to expire. Do I have to renew them? Do I have to pay for the renewals?

Proposed H-4 Work Authorization Rescission Regulation Under Federal Review

USCIS Ombudsman Annual Report Confirms Continued Processing Delays and Emphasizes Anti-Fraud Initiatives

USCIS Signals the End of H-4 Spousal Work Permits

Automatic Termination of OPT for F-1 Students if they Transfer to a Different School or Begin Study at Another Educational Level

USCIS to Use Secure Mail Delivery Service

Undeliverable Permanent Resident and Employment Authorization Cards and Travel Documents to be Destroyed After 60 Days

Automatic Employment Authorization Document Extension

New I-765 Application for Employment Authorization Permits Foreign Nationals to Apply for Social Security Numbers Simultaneously

What happens if I apply for a renewal of work authorization but it’s not approved before the expiration of my current work authorization card?

How long do I have to wait for an asylum interview? Can I get work authorization while I am waiting for my asylum interview?

Can I Work in the U.S.? Do I Need a Work Permit to Work in the U.S.?

Can I get work authorization as the spouse of an H-1B visa holder? Can I work if my spouse has an H-1B visa and has applied for an immigrant visa?

Does A Spouse of an E-2 Investor Visa Holder Require Employment Authorization

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