The USCIS settled a class-action lawsuit it faced from H-4, E, and L-2 dependent spouses regarding their authorized employment
L-2s and E spouses are now considered employment authorized “incident to status,” and EAD cards are not required to be considered work authorized, contingent on I-94 admission update from the USCIS
H-4 spouses will still need to rely on an EAD card issued by the USCIS for employment authorization
On Nov. 10, 2021, the U.S. Citizenship and Immigration Services (USCIS) settled a class-action lawsuit it was facing filed by eligible H-4, E, and L-2 dependent spouses challenging how the USCIS determined whether or not such individuals are authorized for employment. This settlement, along with the agency’s subsequent new policy memorandum, should reduce the likelihood of unpaid leaves of absence and loss of employment authorization due to bureaucratic delays.
The policy has created significant and acute hardships for individuals and employers over the last two years in particular, as USCIS processing times for these employment authorization documents (EADs) have ballooned from 90 days to upwards of a year at certain Service Centers.
At issue was the USCIS’s insistence that eligible H-4s, L-2s, and E dependent spouses, all of whom enjoy eligibility for employment authorization, must possess an actual work authorization card, or EAD, to be considered employment authorized. Such an interpretation has resulted in treating these individuals...
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