About the Author

  

Nisha V. Fontaine

Attorney-at-Law

Serotte Reich Wilson, LLP

300 Delaware Avenue

Buffalo, New York 14202

Ph: 716-854-7525

Email: Nfontaine@srwlawyers.com

 

 

 

 

Thursday
Sep142017

Automatic EAD Extensions for Pending AOS Applicants & I-9 Compliance

Earlier this year, USCIS announced the automatic extension of expiring EADs for up to 180 days certain applicants to try and prevent gaps in employment authorization for certain individuals.

USCIS has a list of which categories are eligible for the automatic extension if they meet certain criteria, which can be found at: Automatic Employment Authorization Document (EAD) Extension.

One of the most prominent categories eligible for the automatic extension is (c)(9) - Applications with pending adjustment of status application.  

So the criteria?

  • Properly file an application for a renewal EAD before the current EAD expires; and
  • Your currently issued EAD Category Code matches the Category Code you are seeking on the renewal EAD.

So how does this work with an employer asking for employment re-verification based on an expiring EAD? 

USCIS updated M-274, Handbook for Employers, to provide guidance to employers on this matter.  

Specifically, M-274 Section 4.2 - Automatic Extensions of EADs in Certain Circumstances, which confirms which categories are eligible for the automatic extension and the requirements for the automatic extension. This section goes on to confirm that the combination of:

  • the employee's expired EAD card; and 
  • the Form I-797 Receipt Notice from USCIS showing that the EAD renewal application was timely filed and showing the same category as the one on the employee's EAD card,

are an acceptable combination of documentation to demonstrate employment authorization and identity. This document combination is considered the equivalent of an unexpired Employment Authorization Document (Form I-766), a List A Document. 

The section also provides guidance to HR professionals in completing the I-9 sections in these situations and required reverification procedures. 

Thursday
Sep142017

When do I become an LPR (aka green card holder) after my immigrant visa?

If you are proceeding with immigrant visa processing (i.e. you had your immigrant visa interview at a U.S. Consulate abroad), you receive an immigrant visa once your application is approved.  That visa is generally valid for six months, sometimes shorter.  You must enter the U.S. within that visa validity.  It is on the date you enter the U.S. with your immigrant visa that you become an LPR (aka green card holder).  

If you are proceeding with adjustment of status (i.e. you had your adjustment of status interview at a USCIS Office in the U.S.), you will receive your green card once it is produced by USCIS.  The date issued on the green card is the date that you are officially recognized as an LPR (aka green card holder).

Thursday
Sep142017

FAQ'S about I-130A, Supplemental Information for Spouse Beneficiary

Earlier this year, USCIS issued Form I-130A, Supplemental Information for Spouse Beneficiary.

When do you have to file an I-130A?

If you are filing an I-130 Petition for a Spouse, an I-130A must be filed.  (I-130A is not required for other types of I-130 Petitions.)

What is the purpose of the I-130A?

The I-130A is intended to replace the accompanying Form G-325A, Biographic Information, that needed to be filed for marriage based I-130's.  It asks mostly the same information as was previously requested on the G-325A.

Is there an additional filing fee for the I-130A?

No.  The I-130A is supplemental to the I-130 filing and does not require a separate filing fee.

Who signs the I-130A?

The I-130 Beneficiary (foreign national spouse) signs the I-130A, if they are in the U.S.  If the I-130 is filed while the I-130 Beneficiary is outside the U.S., the I-130A does not need to be signed by the I-130 Beneficiary.