U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance to address automatic extension of employment authorization for certain types of Visas. Please see the changes for H-4 and L-2 EADs below:
H-4 EADs
H-4 nonimmigrants who file their I-765 EAD renewal applications on a timely basis and continue to have H-4 status beyond the expiration date of their EAD will qualify for the automatic extension of their (c)(26)-based EADs.
Such auto-extensions terminate the earlier of:
a) The end date of the individual’s H-4 status as noted on Form I-94,
b) The approval or denial of the I-765 EAD renewal application, or
c) 180 days from the “Card Expires” date on the face of the EAD.
NOTE: As of now, automatic H-4 EAD extension will only apply to individuals who have valid H-4 status after their EADs expire. The automatic extension would not apply in situations in which an individual’s H-4 and EAD applications expire at the same time and are renewed concurrently.
By March 10th, 2022, USCIS will amend the I-765 receipt notice to detail the EAD auto-extension eligibility based on the validity period provided on the I-94 in combination with the expired EAD, and the I-765 receipt notice (Form I-797C) for a timely-filed I-765 EAD renewal application.
L-2 EADs
By March 10th, 2022, USCIS will issue policy guidance that states that L-2 spouses are employment authorized incident to status and, in cooperation with U.S. Customs & Border Protection (CBP), will change the I-94 to indicate that the bearer is an L-2 spouse (as opposed to an L-2 child), so that the I-94 can be used as a List C document for I-9 purposes. The I-9 form will also be updated over the next few months to accommodate this change.
Until the Form I-94 is changed to identify that the bearer is an L-2 spouse for I-9 purposes, USCIS will consider that L-2 nonimmigrant spouses who file their I-765 (EAD) renewal applications on a timely basis and continue to have L-2 status beyond the expiration date of their EAD will qualify for the automatic extension of their (a)(18)- based EADs.
Such auto-extensions terminate the earlier of:
a) The end date of the individual’s L-2 status,
b) The approval or denial of the I-765 EAD renewal application, or
c) 180 days from the “Card Expires” date on the face of the EAD.
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If you have any questions or concerns about the information provided above, please don’t hesitate to contact me.
Sincerely,
Luke Bowman
The Law offices of Luke Bowman