EMPLOYMENT CHANGES FOR SPOUSES (H-4, E, & L)
After years of outreach to DHS with no action, litigation finally forces USCIS and CBP to update policy for employment authorization of H-4, E and L dependent spouses.
Automatic Extension of Work Authorization
On November 12, 2021, USCIS updated their policy manual to allow for automatic extension of employment authorization for certain H-4, E and L dependent spouses. As of November 12th the dependent spouse may present an unexpired I-94, a Notice of Action showing a timely-filed employment extension application, and a facially expired employment card as acceptable evidence of work authorization for I-9 purposes.
Employment Authorized Incident to Status
E and L dependent spouses will also be considered employment authorized incident to status. Thus, E and L dependent spouses will no longer require an application for work authorization (Form I-765) to be eligible to work.
USCIS will work with CBP to update the Form I-94 to reflect this change.