Published on November 10, 2021
The Department of Homeland Security (DHS) recently entered into a settlement agreement which impacts individuals in H-4 and L-2 visa status who have been facing long delays in the processing of their applications for employment authorization.
For H-4 Visa Holders:
Within 120 days of the effective date of the order, U.S. Citizenship and Immigration Services (USCIS) will amend the receipt notice for Form I-765 Applications for Employment Authorization to detail the employment authorization document (EAD) auto-extension eligibility for those applicants holding H-4 status. This means that H-4 EAD holders will be eligible to continue working for up to 180 days beyond the expiration of their EAD, while their extension application is pending.
For L-2 Visa Holders:
Within 120 days of the effective date of the order, USCIS will issue policy guidance that states that individuals in L-2 status are employment authorized incident to status and, in cooperation with CBP, change the Form I-94 admission record to indicate that the bearer is an L-2 spouse so that it can be used as a List C document for Form I-9 employment eligibility verification purposes.
If you have any questions about this settlement and the impact on your application, please reach out to the Immigration Attorneys at Ryan Swanson.