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
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