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.
Visit our blog or follow our immigration Twitter page to stay up to date on all the latest immigration developments and alerts.