Employment-based visasEmployment Without Authorization — ‘Cause I don’t need it

Posted by Mark Prada & Michelle Canero
here’s nothing worse than preparing to file your client’s adjustment application only to realize that the spouse, who has been working at the company since its inception, and is listed as an employee on all of the L renewals, failed to timely renew their work authorization or had a lapse in their work authorization due to USCIS’s failure to timely adjudicate their application, and therefore has well-documented gaps of “unauthorized” employment.
You might assume they are barred from adjustment under § 245(c)(2), but don’t freak out just yet. What if we told you that your L-2 spouse clients (and your E-2 spouse clients) never needed work permits to begin with?

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E-mail:  Canero Lammers Immigration Law Group