On November 12, 2021, the United States Citizenship and Immigration Services office issued brand new guidance on the requirements for United States employment for spouses of specific Visa holders. These changes relate to the Employment Authorization Documents (EAD) needed for the spouse of a Visa holder to work in the United States. These policy changes are the result of a class-action lawsuit and replace previous policy that had been in place since 2002.
Since these changes are brand new, there is more information to come in time. We just wanted to update our community as soon as we heard the news. The changes only apply to certain Visa classes, and they affect each differently. Find the Visa that affects you below:
H-4 Spouses
If an H-4 spouse applies for a renewal of their existing EAD before it expires, their EAD will receive an automatic extension in validity. This automatic extension will last until their EAD renewal has been approved or denied, their I-94 Form expires, or 180 days have passed since their EAD was set to expire – whichever is earliest. While working with the automatically extended EAD, the H-4 spouse must also provide proof of their unexpired I-94 Form, their I-797 Receipt Notice with proper I-765 annotation (c26,) and their expired EAD card with the same I-765 annotation (c26.) This new policy went into effect on November 12, 2021.
E-1 and E-2 Spouses
E-1 and E-2 spouses, under the new policy, will no longer have to apply for an EAD in order to work in the United States. Their employment authorization will be incident to status. Like the principal E Visa holder, they will only have to show their I-94 Form in order to be able to work in the United States.
This new policy is now in effect, but the federal government needs to make changes to fully implement the policy. Social Security needs to update their regulations on who is eligible for a Social Security Number in order to put the change into effect. Similarly, the USCIS has to begin issuing I-94s that distinguish between E Visa spouses and E Visa children. The lawsuit settlement agreement states that the USCIS has until March 10, 2022 to put these changes into effect. Until then, E Visa spouses should still have a valid EAD to be able to work.
However, E-1 and E-2 spouses who apply for an EAD renewal before their current one expires will receive an automatic extension of their document’s validity. This automatic extension will last until their EAD renewal has been approved or denied, their I-94 Form expires, or 180 days have passed since their EAD was set to expire – whichever is earliest. While working with the automatically extended EAD, E-1 and E-2 spouses must also show their unexpired I-94 Form, an I-797 Receipt Notice with proper I-765 annotation (a17,) and their expired EAD card with the same I-765 annotation (a17.) This policy change took effect on November 12, 2021, meaning it is currently valid for all E spouse I-94 Forms. You don’t have to wait for the incoming future one.
L-2 Spouses
L-2 spouses, under the new policy, will no longer have to apply for an EAD in order to work in the United States. Their employment authorization will be incident to status. Like the principal L Visa holder, they will only have to show their I-94 Form in order to be able to work in the United States.
This new policy is now in effect, but the federal government needs to make changes to fully implement the policy. Social Security needs to update their regulations on who is eligible for a Social Security Number in order to put the change into effect. Similarly, the USCIS has to begin issuing I-94s that distinguish between L Visa spouses and L Visa children. The lawsuit settlement agreement states that the USCIS has until March 10, 2022 to put these changes into effect. Until then, L-2 Visa spouses should still have a valid EAD to be able to work.
However, L-2 spouses who apply for an EAD renewal before their current one expires will receive an automatic extension of their document’s validity. This automatic extension will last until their EAD renewal has been approved or denied, their I-94 Form expires, or 180 days have passed since their EAD was set to expire – whichever is earliest. While working with the automatically extended EAD, L-2 spouses must also show their unexpired I-94 Form, an I-797 Receipt Notice with proper I-765 annotation (a18,) and their expired EAD card with the same I-765 annotation (a18.) This policy change took effect on November 12, 2021, meaning it is currently valid for all L spouse I-94 Forms. You don’t have to wait for the incoming future one.
Stay Up To Date
As we see the effects of these major policy changes take hold in 2022, stay tuned to hear more about new processes. For any and all immigration assistance in the present, contact Valvo & Associates today! We are your go-to legal immigration leaders. As the path to living and working in the United States changes, we are here to guide the way.