U.S. Citizenship and Immigration Services (USCIS) will change its policies concerning H-4 and L-2 employment authorization document (EAD) applications, according to a settlement agreement in a lawsuit that challenged the lengthy processing delays of H-4 and L-2 EAD applications. USCIS agrees that:

• Certain H-4 nonimmigrants with EAD renewal applications will be eligible for an automatic extension of their work authorization; and

• Certain L-2 spouses will benefit from automatic work authorization incident to their L-2 status without the need for an EAD, with some limitations. Auto-extension may also apply to L-2 EAD renewals.

The case is Shergill et al, v Mayorkas (21-cv-1296-RSM).

So What Does That Mean?

The significant change is that L-2 spouse visa holders will now have work authorization incident to status. This means that simply by being a L-2 spouse and having a valid L-2 I-94, they will be authorized to work.

For standalone H-4 EAD automatic extensions, it is not a blanket 180 day extension, and is narrowly applied for those that already have the H-4 extension and have a timely filed I-765 prior to the expiration of their current EAD. So, for example, if the H-1B spouse is approved, the H-4 spouse travels, gets a new extended I-94, and timely files the I-765, this automatic extension will be applicable.

While USCIS anticipates needing some time, up to 120 days, to work with all government agencies that will need to make all changes, these changes are concrete and signed and will have significant impact on EAD delays. An implementation announcement from USCIS is expected.