ARTICLE · 16 NOVEMBER 2021

Updated: Settlement Changes USCIS Recognition Of Work Authorization For H-4 And L-2 EADs

Envoy Global, Inc.

Explore more from Envoy Global, Inc.

On Nov. 12, 2021, USCIS issued policy guidance that provides the same work authorization coverage for E dependent spouses (E-1D, E-2D and E-3D) that was issued for L-2 spouses earlier this week.

United StatesImmigration

Author LinkedIn connections

UPDATE: This announcement is an update to our original story from Nov. 10, 2021 below.

On Nov. 12, 2021, USCIS issued policy guidance that provides the same work authorization coverage for E dependent spouses (E-1D, E-2D and E-3D) that was issued for L-2 spouses earlier this week. E dependent spouses will now also qualify for an automatic extension of their current EAD if they have documentation evidencing a timely filed renewal of their EAD and if they have a valid Form I-94 evidencing E status. Further, once USCIS and CBP have made updates to the Form I-94, E dependent spouses will be able to provide their valid I-94 to evidence work authorization for future I-9 purposes but may continue to apply for an EAD if preferred.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

U.S. Birth, Former U.S. Citizenship, And ESTA: What Travelers Should Know About CBP’s Recent Position

United StatesImmigration

Greenberg Traurig

Immigration Policy In 2026: Implications For Global Business And Investment

United StatesImmigration

Greenberg Traurig

Immigration Insights Episode 33 | Blanche v. Lau: Understanding The Immigration Implications (Podcast)

United StatesImmigration

Greenberg Traurig

A New Check On Immigration Policy: What Employers Should Expect After The Midterms

United StatesImmigration

Duane Morris LLP

TPS Turbulence And Timing Questions For Ukraine And Sudan

GlobalImmigration

Seyfarth Shaw LLP

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Immigration
- General Immigration

Related Comparative Guides

Comparative Guide

Investment Treaty Arbitration

Comparative Guide

Corporate Immigration

See more popular content from

Immigration

DHS Proposes To End Deference To Prior Approvals For H-1B, L-1 And Other Form I‑129 Extensions

On October 14, 2026, the U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), published a proposed rule (91 FR 65119; DHS Docket No. USCIS-2026-0529) that would remove...

United StatesImmigration

Duane Morris LLP

Federal Court Blocks DHS F-1, J-1 Fixed-Period Admission Rule; Curricular Practical Training Restrictions Remain

A federal court’s injunction over the DHS fixed-period admission rule nationwide means the existing duration-of-status (D/S) framework for F-1 international students and J-1 exchange visitors will remain in place while litigation continues.

United StatesImmigration

Jackson Lewis P.C.

October 2026 Visa Bulletin Advances EB-5 Filing Date For Mainland China By 4 Years

The U.S. Department of State has released the October 2026 Visa Bulletin, marking the start of fiscal year 2027 with significant changes to employment-based immigrant visa categories. How will the advancement of priority dates, particularly the substantial four-year leap for mainland China-born EB-5 investors in the Dates for Filing chart, impact eligible applicants seeking adjustment of status benefits?

GlobalImmigration

Greenberg Traurig

DHS Continues Work Authorization For Ukrainian, Sudanese TPS Beneficiaries; I-9 Guidance Remains Unclear

The Department of Homeland Security has not issued formal determinations for Temporary Protected Status designations for Ukraine and Sudan despite the October 19, 2026 expiration date, creating uncertainty for employers navigating Form I-9 compliance and employment authorization documentation. USCIS states that affected individuals retain TPS protections and work authorization, but has not updated operational guidance to explain how employers should document continued employment eligibility or handle

United StatesImmigration

Greenberg Traurig

US Consulates In India Conduct Mass Rescheduling Of Visa Appointments As New Screening Rules Launch

U.S. consulates across India have begun cancelling and automatically rescheduling H-1B and H-4 visa appointments (often 90 to 120 days later)...

GlobalImmigration

Greenberg Traurig

US Consulates In India Rescheduling H-1B Visa Appointments

As a result of operational constraints related to the enhanced social media vetting of H-1B and H-4 visa applicants that will go into effect on December 15, 2025, U.S. consulates in India have begun automatically...

United StatesImmigration

Herbert Smith Freehills Kramer LLP

DHS Seeks To Roll Back Grace Period For H-1B, Other Employment-Based Nonimmigrants Following Employment Termination

On Sept. 11, 2026, the Department of Homeland Security (DHS) published a proposed rule that would eliminate the discretionary 60-day grace period currently available to many employment-based nonimmigrants following the termination of their employment.

United StatesImmigration

Jackson Lewis P.C.

U.S. Temporarily Pauses Immigrant Visa Applications Worldwide

The U.S. Department of State has temporarily paused immigrant visa interviews worldwide to conduct training programs for consular officers on public charge assessments. This development affects scheduling at U.S. embassies and consulates globally, though it does not mean all immigrant visa applications have been canceled or permanently suspended.

United StatesImmigration

Akalan Law Firm

DHS Proposes New OPT Fees: What It Means For F-1 Students, Schools, Employers

The Department of Homeland Security has proposed imposing fees of $70,000 for initial Optional Practical Training periods and $30,000 for subsequent periods including STEM extensions, with schools bearing the direct cost burden. The proposal aims to combat fraud and abuse within the OPT program while protecting U.S. workers, but could significantly impact international student hiring strategies and the availability of OPT talent for employers.

United StatesImmigration

Jackson Lewis P.C.

DHS Proposes $70,000 And $30,000 Fees For F-1 Optional Practical Training

The Department of Homeland Security has proposed a controversial new rule requiring SEVP-certified schools to pay substantial fees—$70,000 for a student's first Optional Practical Training recommendation and $30,000 for each subsequent OPT application, including STEM extensions. With only a 30-day comment period and potential annual costs reaching up to $16.5 billion across nearly 2,500 affected institutions, the proposed regulation is expected to face significant legal challenges if finalized.

United StatesImmigration

Duane Morris LLP