Automatic Extension of Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses

Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent

This guidance, contained in Volume 10 of the Policy Manual, is effective immediately.

The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.

  1. Provides that certain H-4, E, or L dependent spouses qualify for automatic extension of their existing employment authorization and accompanying EAD if:
    1. They properly filed an application to renew their H-4, E, or L-based EAD before it expires, and
    2. They have an unexpired Form I-94 showing their status as an H-4, E, or L nonimmigrant, as applicable.
  2. Provides that the automatic extension of the EAD will continue until the earlier of:
    1. The end date on Form I-94 showing valid status,
    2. The approval or denial of the EAD renewal application, or
    3. 180 days from the date of expiration of the previous EAD.
  3. Provides that the following combination of documents evidence the automatic extension of the previous EAD, and are acceptable to present to employers for Form I-9 purposes:
    1. Form I-94 indicating the unexpired nonimmigrant status (H-4, E, or L),
    2. Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26),”
    3. Facially expired EAD issued under the same category (A17, A18, or C26).
  4. Provides that E and L dependent spouses are employment authorized incident to their status and therefore they are no longer required to request employment authorization by filing Form I-765 but may continue to file Form I-765 if they choose to receive an EAD.

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211112-EmploymentAuthorization.pdf


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