On November 12, 2021, the US Citizenship and Immigration Service (USCIS) issued new policies conferring the benefit of automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. This significant shift in policy comes on the heels of the Department of Homeland Security’s (DHS) settlement in Shergill et al v. Mayorkas, 2:21-cv-01296 (U.S.D.C., Western District of Washington), with H-4 and L-2 spouses challenging protracted delays in processing their work authorization applications.
Per the update to the USCIS Policy Manual, as of November 12, 2021, the EAD (Employment Authorization Document) of E-1, E-2, E-3, H-4 and L-2 dependent spouses will be automatically extended for a period of up to 180 days if:
The dependent spouse properly filed an Application for Employment Authorization (Form I-765) for a renewal of their EAD, in the same class before the current EAD expired; and
The dependent spouse has an unexpired Form I-94 indicating valid E, L, or H-4 derivative status.
Any such automatic extension of work authorization will terminate automatically on the earlier of:
The end of the validity period of the nonimmigrant status, as shown on the Form I-94;
The approval or denial of the application to renew the previous EAD using Form I-765; or
180 days from the date of the expiration of the previous EAD.
The benefit of the automatic EAD extension could be limited or unavailable to certain L and E spouses since the...
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