Work Authorization for L-2 & E-2 Spouses and EAD Automatic Extension Calculator

Posted by Nishu Sharma | May 25, 2022 | 0 Comments

On May 04, 2022, DHS published a temporary final rule which increases the employment authorization and/or Employment Authorization Document (EAD) automatic extension for certain renewal applicants from up to 180 days to up to 540 days.

Accordingly, to assist employers and employees with determining the EAD expiration date for eligible employees, USCIS has created the new EAD automatic extension calculator. According to USCIS, this calculator will seamlessly calculate the new EAD expiration date for eligible employees.

Also, U.S. Customs and Border Protection (“CBP”) has confirmed that it proactively went into the electronic I-94 card system to update all L-2 I-94s for L-2 spouses, 22 years of age or older, to add “S” to the status for those who entered prior to 1/31/22. Those entering 1/31/22 or later have had the “S” added upon entry to the U.S.

CBP did not add the “S” to L-2 I-94 cards for foreign nationals ages 18-21 at time of entry, due to uncertainty about whether they were dependent spouses or children. This subset of I-94s cannot be updated through Deferred Inspection either. The “S” will need to be added to applicable I-94s on next entry to the U.S., by presenting evidence of spousal relationship, or through the next filing with USCIS.

CBP was unable to make this adjustment for E-2 spouses as it is not possible to distinguish between an E-2 principal and an E-2 dependent spouse. To seek the “S,” E-2 spouses will need to follow the instruction immediately above.

In addition, USCIS is now issuing I-797 approval notices for L-2 and E-2 spouses that specifically state the notice may be used to document work authorization and for completion of Form I-9.

We regularly update our blog section to acquaint the community with to latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.

About the Author

Nishu Sharma

Ms Nishu Sharma is the founder and Managing Attorney of SanSha Law Offices PLLC. It was founded on the principle and commitment to serve the people with the best service that we can provide. The firm has served clients from Texas and other states of the US. She has handled all kinds of complex im...

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