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.
- Provides that certain H-4, E, or L dependent spouses qualify for automatic extension of their existing employment authorization and accompanying EAD if:
- They properly filed an application to renew their H-4, E, or L-based EAD before it expires, and
- They have an unexpired Form I-94 showing their status as an H-4, E, or L nonimmigrant, as applicable.
- Provides that the automatic extension of the EAD will continue until the earlier of:
- The end date on Form I-94 showing valid status,
- The approval or denial of the EAD renewal application, or
- 180 days from the date of expiration of the previous EAD.
- 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:
- Form I-94 indicating the unexpired nonimmigrant status (H-4, E, or L),
- Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26),”
- Facially expired EAD issued under the same category (A17, A18, or C26).
- 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.
WE HAVE THE ANSWERS
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.
This includes:
- Subject Matter Expertise / Compliance Layer
- Electronic Form I-9 (Smart Form)
- Full Compliance with 8 CFR part 274a
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- Remote Hire Options
- Notary Network
- Employee Designate (friend, neighbor, spouse)
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- 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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- 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
