New USCIS Policy Guidance Expands Automatic Extension to Spousal Employment Authorization

In a coverage change that may assist forestall gaps in employment authorization and ease sure documentation necessities for employers, U.S. Citizenship and Immigration Companies (USCIS) robotically prolonged employment authorization for up to 180 days for E, L-2 and H-4 spouses who’ve well timed filed an Employment Authorization Doc (EAD) extension software and have an unexpired I-94. For Type I-9 verification, employers might settle for: I-94 with unexpired E, L-2 or H-4 standing, receipt discover for a well timed filed EAD renewal software with an EAD class of (a)(17), (a)(18) or (c)(26) listed, and an expired EAD card in the identical class.

USCIS additionally confirmed that E and L-2 spouses will obtain work authorization incidental to their standing while not having an EAD. Dependent spouses should have an annotated I-94 indicating their dependent standing. The Division of Homeland Safety is presently updating its system to embody annotations on future I-94s. Annotated I-94s could also be used as Listing C paperwork to full Type I-9s.

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