H-4, L-2, and E dependents Win over EAD issues !

This week, the USCIS reached a settlement agreement stemming from a Federal lawsuit brought on behalf of H-4 and L-2 EAD holders. The lawsuit was brought by AILA and a number of partners. The USCIS then released a new policy memo implementing the settlement and also included E dependents. In pertinent part, the new policy provides that the following combination of documents evidence the automatic extension of the previous EAD, and are acceptable to present to employers for Form I-9 purposes: Form I-94 indicating the unexpired nonimmigrant status (H-4, E, or L), Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26),” and the facially expired EAD issued under the same category (that is, indicating Category A17, A18, or C26). Essentially, the new policy allows for the automatic extension of H-4 and L-2 EAD’s if timely filed AND the H-4 or L-2 have already been granted. It is not the same rule as the I-485 EAD automatic extension rule.

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