USCIShas issued a Policy Alert, and has updated its Policy Manual accordingly, to explain how its recent settlement in Shergill, etal. v. Mayorkas will be applied in practice for the spouses of E, L, and H nonimmigrants.USCIS will automatically extend EADs for E, L, and H spouses, and within 120days of USCIS’s policy alert, grant E and L spouses employment authorizationincident to status. USCIS expressed its hope that eliminating the requirementof filing Form I-765 for E and L spouses will help reduce USCIS’s adjudicationbacklogs.
AutomaticExtensions of EADs for E, L, and H spouses
BeginningNovember 12, 2021, the EADs of E, L, and H spouses will be automaticallyextended for a period of up to 180 days if:
- Thespouse properly filed an Application for Employment Authorization (Form I-765)for a renewal of their E, L, or H spouse-based EAD before the current EADexpired; and
- Thespouse has an unexpired Form I-94 indicating valid E, L, or H dependent status.
Duration
Automaticextension of E, L, and H spouses’ EADs will terminate automatically on theearliest of:
- Theend of the validity period of the nonimmigrant status, as shown on the FormI-94;
- Theapproval or denial of the Form I-765 application to renew the EAD; or
- 180days from the date of the expiration of the previous EAD.
Eand L Spouses Authorized for Employment Incident to Status
Witha new notation on Form I-94, to be implemented within 120 days of USCIS’sPolicy Alert, E and L spouses will be authorized to work automatically if thespouse maintains valid E or L status. The new I-94 notation will (1)differentiate an E or L spouse’s status from that of a child; and (2) authorizethe E or L spouse to work.
USCIShas rescinded its previous 2002 policy that required E and L spouses to applyfor Employment Authorization using Form I-765 and receive a valid EmploymentAuthorization Document (EAD) card in order to work. However, a Form I-765 maystill be filed by E and L spouses if they wish to receive an EAD.
OnceCBP implements its I-94 notation of spouse status, a valid E or L spouse I-94will be sufficient proof of work authorization.
