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Immigration Update

Feb 14, 2022 | Immigration Updates

In this edition, find the latest news on the implementation of new I-94 designations for L-2 and E-dependent spouse visa holders, USCIS changing maximum validity period for EADs for certain applicants, the DHS and VA launching new online resources for noncitizen service members and families, and more!

New I-94 Designations for L-2 and E-Dependent Spouse Visa Holders Now Being Issued by U.S. Customs and Border Protection

WR Immigration previously announced that USCIS planned to ease the work authorization process for certain E, L, and H-4 spouses.

The new USCIS policy, which became effective on November 12, 2021, stated that USCIS will consider L and E spouses to be employment authorized incident to their valid E or L nonimmigrant status, and therefore able to engage in authorized employment immediately after obtaining their status without first having to obtain an EAD. However, this change required USCIS, in cooperation with U.S. Customs and Border Protection (CBP), to modify notations on Form I-94 to distinguish employment authorized E and L dependent spouses from E and L dependent children who are not eligible for employment.

CBP has confirmed that, as of Jan. 31, 2022, Form I-94s are now being issued with “L-2S” designations for L-1 visa holder spouses, and “E-1S, E-2S, and E-3S” for spouses of E visa holder spouses. These new class of admission codes will serve as evidence of employment authorization.

However, there have been reports that some CBP ports of entry have not yet begun issuing I-94s with this new designation, so travelers should check their I-94 designations upon re-entry and contact a deferred inspection site to address any issues.

Please contact your WR attorney to discuss the specifics of their immigration case and how this update may impact it.

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USCIS Updates Guidance, Changes Maximum Validity Period for EADs for Certain Applicants 

USCIS is now generally granting new and renewed EADs valid for two years to applicants in the following categories:

  • Admitted as a refugee (a)(3)
  • Granted asylum (a)(5)
  • Granted withholding of deportation or removal (a)(10)
  • Violence Against Women Act self-petitioner (c)(31)

Additionally, USCIS is generally granting new and renewed EADs, up to the end of the parole or deferred action period, to applicants in the following categories:

  • Paroled into the United States for urgent humanitarian reasons or significant public benefit (c)(11)
  • Granted deferred action (non-DACA) (c)(14)

USCIS said that increasing the maximum validity period for these categories “will help ease processing backlogs by reducing the frequency and number of times these applicants must renew their EADs and will help prevent gaps in employment authorization and documentation.”

New and renewed EADs issued for affected categories on or after February 7, 2022, will reflect the updated validity periods. EADs issued before February 7, 2022, are not affected. USCIS said it will continue to issue replacement EADs with the same validity date as the original EAD.

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DHS, VA Launch New Online Resources for Noncitizen Service Members, Veterans, and Families

On February 7, 2022, the Department of Homeland Security (DHS), in partnership with the Departments of Veterans Affairs and Defense, launched new resources to support U.S. noncitizen service members, veterans, and their families. Through its Immigrant Military Members and Veterans Initiative (IMMVI), DHS said it will host a “one-stop online center to consolidate relevant federal resources.” As part of the resource center, DHS has also created a portal for veterans who need assistance in applying to return to the United States or accessing VA benefits to which they may be entitled.

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United States Once Again ‘Welcomes’ Immigrants: USCIS Announces New Mission Statement

U.S. Citizenship and Immigration Services (USCIS) announced a new mission statement after asking its employees to “submit words that they felt best illustrated the agency’s work.” The new mission statement reflects that feedback, along with Biden administration priorities and Director Ur Jaddou’s “vision for an inclusive and accessible agency,” USCIS said in a news release on February 9, 2022. The agency has 19,000 employees and contractors working at more than 200 offices worldwide.

The new mission statement says, “USCIS upholds America’s promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve.” The USCIS mission statement web page also lists and describes the agency’s “core values,” including integrity, respect, innovation, and vigilance.

The new mission statement, with its emphasis on welcoming and respect, reflects USCIS’s restoring of the agency’s focus on services. The revision is a shift away from the previous administration’s changes emphasizing security and dropping the phrase, “America’s promise as a nation of immigrants.”

In a statement announcing the new mission statement, Director Jaddou said, “At its core, USCIS is about delivering decisions to families, businesses, workers, and those seeking refuge in our country on their applications, petitions, requests, and appeals. This new mission statement reflects the inclusive character of both our country and this agency.”

The American Immigration Lawyers Association (AILA) “applauded” the new mission statement. Benjamin Johnson, AILA Executive Director, said the new statement “hopefully signals a return to a welcoming, service-driven USCIS that faithfully administers its statutory purpose with integrity.”

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USCIS Releases Form I-9 Guidance for H-2B Workers Seeking to Change Employers

On February 4, 2022, U.S. Citizenship and Immigration Services released guidance on Form
I-9, Employment Eligibility Verification, for H-2B workers seeking to change employers.

The guidance is related to a joint temporary final rule issued January 28, 2022, by the Departments of Homeland Security and Labor to increase the numerical limits on fiscal year 2022 H-2B nonimmigrant visas and temporarily provide portability flexibility for H-2B workers already in the U.S. to begin work immediately with a new employer after an H-2B petition (supported by a valid temporary labor certification) is received by USCIS and before it is approved.

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