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.
For H-4s:
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.
For L-2s:
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.
Read the settlement agreement, for details and more information.