December 7, 2021

Volume XI, Number 341

Advertisement
Advertisement

December 06, 2021

Subscribe to Latest Legal News and Analysis
Advertisement

New USCIS Policy Guidance Expands Automatic Extension to Spousal Employment Authorization

In a policy change that will help prevent gaps in employment authorization and ease certain documentation requirements for employers, U.S. Citizenship and Immigration Services (USCIS) automatically extended employment authorization for up to 180 days for E, L-2 and H-4 spouses who have timely filed an Employment Authorization Document (EAD) extension application and have an unexpired I-94. For Form I-9 verification, employers may accept: I-94 with unexpired E, L-2 or H-4 status, receipt notice for a timely filed EAD renewal application with an EAD category of (a)(17), (a)(18) or (c)(26) listed, and an expired EAD card in the same category.

USCIS also confirmed that E and L-2 spouses will receive work authorization incidental to their status without needing an EAD. Dependent spouses must have an annotated I-94 indicating their dependent status. The Department of Homeland Security is currently updating its system to include annotations on future I-94s. Annotated I-94s may be used as List C documents to complete Form I-9s.

© 2021 Varnum LLPNational Law Review, Volume XI, Number 326
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Kimberly A. Clarke, Varnum, Immigration Lawyer
Partner

Kim focuses her practice on immigration matters, including nonimmigrant petitions, both employment- and family-based permanent residence applications, expatriation and foreign visa issues. She has developed a strong background in the area of worker verification issues and managed clients through internal and agency Form I-9 audits, USICE compliance investigations and civil criminal charges.

In addition, Kim maintains a specialty practice of consultation with agricultural clients and handles various agricultural labor and employment issues such as compliance with...

616-336-6441
Nina A. Thekdi, immigration lawyer, Varnum
Partner

Nina focuses her practice on business and family-based immigration matters.  Her experience encompasses nonimmigrant visa petitions including H-1B visas, L-1A and L-1B visas, TN visas under the NAFTA treaty, and O-1 visas. She also assists clients with employment-based permanent residence petitions including the labor certifications process, EB-1 extraordinary ability, EB-1 outstanding professor and researchers and EB-1 multinational managers and executives petitions; family-based permanent residence applications; naturalization applications; and foreign visa issues.   ...

248-567-7406
Yvonne Kupfermann Employment Lawyer Varnum Law Firm Grand Rapids
Associate

Yvonne focuses her practice primarily on employment and family-based immigration in addition to general corporate matters. She assists clients with employment and family-based permanent residence petitions, including the labor certification process, visas for extraordinary ability, and multinational managers and executives petitions. She focuses on visa processing, waivers, DACA and citizenship matters. Additionally, she has experience in general corporate matters, including LLC formation.

616-336-6373
Advertisement
Advertisement
Advertisement