DHS Settlement Will Benefit L-2 And H-4 EAD Workers

In a consequential policy reversal, the Department of Homeland Security entered into a settlement agreement following a lawsuit regarding validity of L-2 and H-4 Employment Authorization Document (EAD) cards. U.S. Citizenship and Immigration Services (USCIS) will soon allow automatic extensions of employment authorization, in certain circumstances, while an EAD renewal application has been filed and is pending with USCIS for H-4 and L-2 spouses. In addition, after 120 days USCIS will change its statutory interpretation and afford employment authorization incident to status for L-2 spouses.

Background

L-2 nonimmigrant spouses (married to L-1 nonimmigrant visa holders) are eligible to apply to USCIS for an EAD. In certain circumstances, H-4 nonimmigrant spouses (married to H-1B nonimmigrant visa holders) are also eligible to apply to USCIS for an EAD. Once issued, the EAD provides unrestricted work authorization.