Dear Clients and Friends,
We are excited to share with you important news.
Time for Renewal: Deferred Action for Childhood Arrivals (DACA)
It has been almost 2 years since USCIS began approving DACA applications. Since DACA is only granted for a 2 year period, USCIS has now unveiled a new form and a new process for DACA renewal so that eligible individuals can request and receive an extension of their deferred action and employment authorization (EAD) for an additional 2 year period. Applicants must renew in a timely manner or there could be lapse in their lawful presence or work authorization.
Recently, USCIS re-issued Form I-821D Form, Consideration of Deferred Action for Childhood Arrivals. If you received DACA from USCIS and are preparing to renew, you must use the new form. USCIS has advised that in order to maintain eligibility for DACA, the applicant must:
1. Not have departed the U.S. since August 15, 2012, unless they did so pursuant to the grant of “advance parole;
2. Not have been convicted of a felony, a significant misdemeanor or three or more misdemeanors; and
3. Not pose a threat to national security or public safety.
We encourage you to review your approval notice to verify the expiration date. We advise you to contact us well in advance, so that we can submit your renewal applications at least 120 days before the previous ones expire. Also, it is a good time to contact our office if you believe you may now be eligible to pursue DACA, when you were not previously eligible due to the age requirements. Click here to contact us.
DHS Proposes Rule to Provide Work Authorization to Certain H-4 Spouses
The Department of Homeland Security (DHS) recently proposed regulations that would extend the benefit of Employment Authorization eligibility to H-4 dependent spouses of H-1B visa holders. In proposing such a change, DHS has indicated that it is committed to supporting highly-skilled foreign nationals in this country.
Those H-4 spouses who would become eligible to file for employment authorization pursuant to the proposal include:
1. Spouses of H-1B workers who are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker and
2. Spouses of H-1B workers who have been granted an H-1B extension beyond the 6 year limit imposed on H-1B status.
This is a long overdue proposal that offers spouses of H-1B workers access to employment authorization, in certain scenarios, much earlier that they are currently permitted. Even if you are not sure if this proposal will apply to you, it is a good reminder to begin the permanent petitioning process, which may also result in employment authorization. Click here to contact us.
As always, the attorneys and staff of IMMIGRATION ATTORNEYS, LLP are here to assist you with questions about the information contained in this message or any other immigration-related issue.
IMMIGRATION ATTORNEYS, LLP
Immigration Attorneys, LLP focuses its practice in the area of immigration and nationality law. We represent clients in a wide variety of immigration case matters including family and employment-based work, deportation defense work, immigrant and non-immigrant visa work, consular processing overseas and naturalization matters.