USCIS announces that H-4 EAD workers can now work while waiting for EAD Renewal and an EAD is no longer required for E-2 and L-2 Spouses to Work

In settlement of several lawsuits, the USCIS recently announced significant changes to its policy regarding employment authorization documents (EAD) for certain H-4, E-2, and L-2 dependent spouses. The following policy guidance is effective as of November 12, 2021:

The automatic extension rule will apply to renewals of H-4, E-2, and L-2 EAD if (1) the EAD renewal application is filed before the existing EAD expires and (2) the applicant has an unexpired I-94 showing status as an H-4, E, or L nonimmigrant dependent spouse;

The automatic extension of the EAD will continue until the earliest of: (1): the expiration date on Form I-94 showing valid status, (2) the approval or denial of the EAD renewal application, or (3) 180 days from the date of expiration of the previous EAD.

For employers, the following combination of documents will serve as evidence of the automatic extension of the previous EAD, and are acceptable for Form I-9 purposes:

Form I-94 indicating the unexpired nonimmigrant status (H-4, E, or L),
Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26),” and
The expired EAD issued under the same category (that is, indicating Category A17, A18, or C26).

E and L dependent spouses are automatically authorized to work incident to their status and therefore they are no longer required to request employment authorization by filing Form I-765. However, such spouses can opt to file Form I-765 if they choose to receive an EAD.

Overall, these policy changes are good news for these EAD applicants, considering the extraordinary delays in EAD processing.

Resources: USCIS Policy Alert for H-4, L, and E dependent spouse work authorization

USCIS Settlement Is Good News For L-1 And H-1B Visa Spouses

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