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ARTICLE · 16 NOVEMBER 2021

Tip: New I-9 Verification For Dependent Spouse EADs (H-4, E, And L)

This new I-9 policy guidance is effective immediately.

United StatesImmigration

This new I-9 policy guidance is effective immediately.

Background and Introduction

As a result of a settlement agreement in a federal lawsuit, U.S. Citizenship and Immigration Services (USCIS) has made H-4, E and L dependent spouses qualify for a 180 day automatic extension or employment authorization incident to status, as applicable, when certain conditions are met. This is great news for thousands of dependent spouses and their employers.

180 Automatic Employment Authorization Extension: H-4, E and L Dependent Spouses

First, new USCIS guidance provides that H-4, E, or L dependent spouses qualify for 180 day automatic extension of their existing employment authorization and accompanying EAD- if they properly filed an application to renew their H-4, E, or L-based EAD before it expires. H-4, E and L dependent spouses will receive an automatic extension through the earlier of: (1) the expiration date of their valid E/H/L Form I-94; (2) the denial of their EAD

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