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ARTICLE · 17 NOVEMBER 2021

USCIS Relaxes Rules For H-4, L-2, And E-2 Spouse Work Permits

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On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert and new policy guidance addressing Employment Authorization Document (EAD)...

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On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) issued a  Policy Alert and new  policy guidance addressing Employment Authorization Document (EAD) auto-extensions for H-4, E, and L spouses and to clarify that E and L dependent spouses will be considered work authorized incident to nonimmigrant status.  USCIS confirmed that the Department of Homeland Security (DHS) will take steps to modify Forms I-94 to distinguish E and L dependent spouses from E and L dependent children.  Until Forms I-94 are updated, E and L spouses will continue to require an EAD (or an automatically extended EAD) as evidence of employment authorization.  Under the terms of a  settlement entered into on November 10, 2021, the changes to L-2 Forms I-94 will be made within 120 days.

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