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ARTICLE · 22 NOVEMBER 2021

USCIS Revises Policy Regarding Employment Authorization For H-4, L-2, And E Dependent Spouses

Ogletree, Deakins, Nash, Smoak & Stewart
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On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance addressing the automatic extension of employment authorization for H-4, L-2, and E dependent spouses in response to a class action lawsuit.

United StatesImmigration
Meagan E. Dziura
Meagan E. Dziura
Melina V. Villalobos
Melina V. Villalobos
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On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance addressing the automatic extension of employment authorization for H-4, L-2, and E dependent spouses in response to a class action lawsuit.

The new guidance, published in chapter two of the USCIS policy guidance manual, indicates that the employment authorization documents (EADs) of H-4, L-2, and E dependent spouses will be among those eligible for an automatic 180-day extension if:

  • The H-4, L-2, or E dependent spouse properly filed for a renewal of his or her EAD before it expired; and
  • The spouse has an unexpired Form I-94 showing valid H-4, L-2, or E derivative status.

This automatic extension will terminate at the earliest of the below actions:

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