USCIS Releases Revised Form I-765

Revised Form I-765, Application for Employment Authorization is now available. This revised version, with edition date 02/13/15, contains the eligibility category (c)(26) for H-4 dependent spouses to apply for employment authorization. Those applying under the new H-4 rule should provide the receipt number of their H-1B principal spouse’s most recent Form I-797 Notice of Approval for Form I-129.

More information regarding the new H-4 rule and the employment authorization process is available on the USCIS website: http://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses .

 

USCIS Implements Two Terrorism-Related Acts of Discretionary Exemption

USCIS announced the implementation of two terrorism-related acts of discretionary exemption issued by the Secretary of State and the Secretary of Homeland Security. The memoranda are final and effective immediately.

From USCIS.gov:

PM-602-0112: On February 5, 2014, the Secretary of Homeland Security and the Secretary of State (the “Secretaries”), following consultation with the Attorney General, exercised their discretionary authority not to apply the material support inadmissibility ground to certain aliens who provided certain limited material support to an undesignated terrorist organization, or to a member of such an organization.

Specifically, the Exercise of Authority permits exemption of the following activities:

  • Certain routine commercial transactions;
  • Certain routine social transactions;
  • Certain humanitarian assistance; and
  • Material Support provided under substantial pressure that does not rise to the level of duress (“sub-duress pressure”).

PM-602-0113: On February 5, 2014, the Secretary of Homeland Security and the Secretary of State (the “Secretaries”), following consultation with the Attorney General, exercised their discretionary authority not to apply the material support inadmissibility ground to certain aliens who provided insignificant material support to an undesignated terrorist organization, or to a member of such an organization.

The two full memoranda are available on the USCIS website: http://www.uscis.gov/sites/default/files/files/nativedocuments/2015-0508_Certain_Limited_Material_Support_PM_Effective.pdf and http://www.uscis.gov/sites/default/files/files/nativedocuments/2015-0508_Insignificant_Material_Support_PM_Effective.pdf

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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