On November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) reached a settlement in the class action Shergill v. Mayorkas. As part of the settlement, USCIS agreed to update its policy relating to H-4 and L-2 spousal Employment Authorization Document (EAD) applications, and the settlement terms for H-4 and L-2 applicants have potential I-9 compliance implications for employers.
At the time of the settlement agreement, USCIS’s policy manual had not been updated to implement the terms related to H-4 and L-2 spousal work authorization. Several days after the lawsuit was settled, USCIS issued a policy alert further affirming the terms of the Shergill v Mayorkas settlement agreement. As of now, USCIS’s policy manual has been updated to include the settlement terms related to EAD applications for H-4 and L-2 applicants. While guidance related to H-4 spouses has not changed, there is an update for L-2 spouses who, pursuant to Shergill v. Mayorkas and the terms of the settlement agreement, would receive work authorization incident to L-2 status.
L-2 Spouses
L-2 spouses will be able to complete Form I-9 to verify ongoing employment authorization by presenting a combination of documents to their employers such as:
an expired EAD card indicating Category A18;
a Notice of Action (Form I-797C) for Form I-765 with the class requested in the same category as the expired EAD (A18 for L-2 spouses), and showing that the renewal application was filed before the EAD expired;...
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