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.


Contact Form I-9 Compliance LLC at 866.359.4949 with questions on the “complex rules” regarding Form I-9 Completion and Maintenance,

Form I-9 Compliance offers the best-in-class service by providing a superior solution and acting as your partner in the I-9 and E-Verify compliance arena. Automating the I-9 and E-Verify process eliminates duplicate data entry, transcription errors allowing HR managers to easily track and manage all I-9 issues using a Compliance Dashboard and robust reporting module.

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  • Subject Matter Expertise / Compliance Layer
  • Electronic Form I-9 (Smart Form)
    • Full Compliance with 8 CFR part 274a
    • Forensic Audit Trails
    • Guided workflows, instant notifications of field-level errors/omissions
    • Remote Hire Options
      • Notary Network
      • Employee Designate (friend, neighbor, spouse)
  • Certified E-Verify integration configurable by employer, worksite & user
    • E-Verify Employer Agent / Web Services / Immediate Results
    • Easy One-Click or Automatic E-Verify processing from the Electronic Form I-9
      • E-Verify only options
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      • Action / No Action / Required Status
      • Inappropriate Case Closure Database
      • Photo Tool Document Retention Alerts
    • Management Alerts – TNC’s, Updates and Case Closure
    • Federal Contractor E-Verify Best Practices
    • Reporting and Training
    • Implementation and Best Practices Consulting
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    • Visual presentation of I-9 / E-Verify performance measures based on organizational structure
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    • Quick identification of important dates / statuses
  • Automated Email Management Alerts identifying.
    • Expiring Work Documents – Section 3 Updates
    • Receipt Update – 90 Day Rule
    • E-Verify Action Required / Updates
  • Real time, excel Reporting options
  • Termination/Purge Capabilities – Pursuant to the DHS Retention Guidelines
  • Unlimited number of licenses for HR I-9 personnel
  • White Glove Customer Service layer