The United States Citizenship andImmigration Services (USCIS) has entered into a settlementwhich provides beneficial changes to work authorization for H-4 and L-2spouses. USCIS will issue a formal policy guidance to implement the followingtwo changes.
First, USCIS will now recognize thatcertain H-4 holders who timely file their EAD renewal applications will qualifyfor an automatic extension of their EAD while waiting for the adjudication oftheir renewal application. This automatic renewal will last for up to 180 daysafter the expiration of the EAD. However, the automatic extension will notexceed the end date of the individuals H-4 status noticed on the Form I-94, andwill also end once USCIS issues an approval or denial on the renewalapplication.
Second, L-2 spouses will be employmentauthorized incident to status, or in other words, as a condition of the L-2,the spouse will be employment authorized without a separate application. USCISwill work in cooperation with CBP (Customs and Border Patrol) to change theForm I-94 so that L-2 spouses can use the document for Form I-9 purposes.
As stated above, USCIS will be issuingformal guidance further detailing when and how these changes will beimplemented. As always, MU will provide further updates as they becomeavailable.