AILA and its litigation partners, enters into a settlement agreement with the DHS in Shergill, et al. v. Mayorkas, which provides changes for nonimmigrant H-4 and L-2 spouses suffering from long-delayed processing times for the processing of applications for employment authorization. L-2 nonimmigrant spouses will, after 120 days, enjoy work authorization incident to status. In the interim, L-2s will enjoy automatic extension of work authorization if they have a pending standalone application for an employment authorization document (EAD). H-4 spouses will also benefit from automatic extension of their employment authorization during the pendency of standalone EAD) applications.
Within 120 days of the Effective Date, USCIS will amend the receipt notice currently issued to applicants to detail the EAD auto-extension eligibility for those holding H-4 status based on the validity period provided on a Form I-94 in combination with a facially expired EAD and the Form I-797C receipt notice for a timely-filed I-765 EAD renewal application.
USCIS will issue policy guidance that states that L-2 spouses are employment authorized incident to status and, in cooperation with CBP, change the Form I-94, within 120 days of the Effective Date, to indicate that the bearer is an L-2 spouse so that it can be used as a List C document for Form I-9 purposes.