A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Wednesday, November 10, 2021

Breaking news! H-4 EAD Gets 180-day Extension; L-2 Gets Automatic Work Authorization

American Immigration Lawyers Association (AIlA) reports that DHS has entered into an agreement with AILA and its litigation partners that provides structural changes for H-4 and L-2 spouses in so far as their Employment Authorization Document (EAD) is concerned:


H-4 Spouses Will Get 180-day Automatic Extension of EAD

USCIS will offer 180-day automatic extension of EAD in the I-797 filing receipt notice provided:

- H-4 applicant has an unexpired I-94 showing H-4 status

- Filed a timely I-765 EAD extension application

- The extension will end on the earliest of:  End date of H-4 status, 180 days from the expiration date of the previous EAD, and the decision date (approval or denial) of the I-765 application.


L-2 Spouses Will be Authorized to Work Without EAD

USCIS will issue policy guidance that states that L-2 spouses are employment authorized incident to status.  The CBP will revise the I-94 form to show that applicant is a L-2 spouse so that can be used as Section C document for I-9 purposes.  


The settlement provides that DHS/USCIS will have 120 days to implement that above changes.  Applicants should stay tuned for further announcement. 

This settlement is the result of litigation based on long delayed processing times for the processing of applications for employment authorization. (Shergill, et al. v. Mayorkas, 11/10/21)

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

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