Key Points
- USCIS has issued policy guidance to extend employment authorization for E dependent spouses automatically
- E dependent spouses now have the same employment authorization extension given to H-4 and L-2 dependents
- E dependent spouses will receive an automatic extension of their current employment authorization and EAD
- The EAD will be automatically extended through the expiration of Form I-94 validity, the decision in the underlying EAD renewal application, or 180 days from the previous EAD’s expiration, whichever is earlier.
- E dependent spouses will have employment authorization incident to their status
Overview
Today, US Citizenship and Immigration Services (USCIS) issued policy guidance that automatically extends employment authorization for certain E dependent spouses. E dependent spouses are now granted the same employment authorization extension awarded to H-4 and L-2 dependent spouses earlier this week.
What are the Changes?
E dependent spouses will now qualify for an automatic extension of their current employment authorization and EAD if they correctly applied to renew their E-based EAD before it expires and if they have a current Form I-94 showing their E status.
An automatic extension of an individual’s EAD will continue for 180 days from the previous EAD’s expiration, when the EAD renewal application is approved or denied, or when the validity date on the Form I-94 expires.
The new policy guidance also provides that E dependent spouses have employment authorization incident to their status. They no longer need to file Form I-765 to request employment authorization, but they may continue filing a Form I-765 if they choose to continue receiving an EAD.
Looking Ahead
Please see our related post for work authorization changes for H-4 and L-2 dependents.
