consulates world-wide, in the end these changes do not have the impact many hoped for following the settlement announcements this week.įor those who do end up benefiting from this change, for the purposes of Form I-9, Employment Eligibility Verification, employees may present the following combination of documents to their employers to take advantage of the automatic extension: The alternative is for the H-4 to travel after the principal’s H-1B petition is approved, but again, given the ongoing challenges with international travel and visa appointment availability at U.S. Citizenship and Immigration Service are not eligible for expedites, ultimately the I-94 expiration negates any sort of auto extension. The caveat that an auto extension is dependent on the expiration date of the H-4s Form I-94 is disappointing. 180 days from the “Card Expires” date on the face of the previously-issued EAD.The adjudication of Form I-765 EAD or,.The end date of the applicant’s H-4 status, as noted on Form I-94.The automatic extension will end at the earliest of: Under the settlement agreement, USCIS will now interpret the regulations such that H-4 nonimmigrants who timely file Form I-765 Employment Authorization Document (“EAD”) renewal applications and continue to hold valid H-4 status beyond the expiration date of their EAD will qualify for an automatic extension of their employment authorization. 21-cv-1296-RSM, the United States Citizenship & Immigration Services (“USCIS”) issued a Policy Memorandum on November 12, 2021, confirming that it will be making structural changes for work authorization for multiple spousal categories, including L-2, E, and H-4 spouses. Automatic Renewals of Employment Authorization for Qualifying Applicants with H-4 Status.įollowing the settlement agreement in Shergill, et al. In addition, USCIS and CBP will update Form I-94 to reflect that E and L-2 spouses are employment authorized incident to status and will not require issuance of an EAD for employment.Ī. Specifically, certain H-4, E, and L-2 Employment Authorization Document (“EAD”) applicants will be eligible for automatic extensions of their employment authorization pursuant to timely-filed EAD requests. Seyfarth Synopsis: USCIS issued a Policy Memorandum following the settlement of a lawsuit that significantly changes work authorization rules for H-4, E, and L-2 spouses.
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