USCIS automatically extended the employment authorization of L-2 Nonimmigrants

Published: November 22, 2021

On November 12, 2021, the USCIS issued a new policy granting an automatic extension for employment authorization among the dependent spouses of L-2, E-1, E-2, and E-3 nonimmigrants. The same rule applies to H-4 nonimmigrants who are dependent spouses of H-1B nonimmigrants.  

Policy Amendment

This new policy supersedes the 2002 Legacy Immigration and Naturalization Service memorandum entitled, “Guidance on Employment Authorization for E and L Nonimmigrant Spouses, and Determinations on the Requisite Employment Abroad for L Blanket Petition” (2002 INS memorandum). Before, E and L spouses must request employment authorization by applying for Employment Authorization and only receive an EAD before beginning employment.

Because of the new policy, the Department of Homeland Security (DHS) will redesign Form I-94 to distinguish the nonimmigrant status of E and L spouses from their dependent children. Since DHS has to ensure that the alterations are easily recognizable, this form will explicitly state that the applicant is an E or L dependent spouse. As to effects, the new Form I-94 will qualify as evidence of employment authorization under List C of Form I-9.

Policy Highlights

Other than the automatic extension of the processing period, the new USCIS also has other effects.

• Certain H-4, E, or L dependent spouses may qualify for automatic extension upon proper filing of an application to renew their H-4, E, or L-based EAD before expiration, and they possess an unexpired Form I-94 establishing their status as an H-4, E, or L nonimmigrant, as applicable.
• The automatic extension will continue until Form I-94’s valid status end date, the approval or denial of the EAD renewal application, or 180 days from the date of expiration of the previous EAD.
• Applicants may present the following as an accepted combination of documents for Form I-9 purposes:
  1. Form I-94 showing the unexpired H-4, E, or L nonimmigrant status
  2. Form I-797C for EAD renewal application (Form I-765) that has been filed on time which indicates “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26)”
  3. Facially expired EAD issued under the same category (indicating Category A17, A18, or C26).
• E and L dependent spouses may no longer request employment authorization by filing Form I-765 but may proceed with filing Form I-765 if they intend to acquire an EAD.

Get Our Legal Services

Despite the automatic extension, you still need to process many things to acquire an employment authorization. You may need the help of experts. ALG Lawyers is a group of highly skilled and widely experienced Los Angeles immigration attorneys. You can count on us to process your application!