On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) updated its Policy Memo to automatically allow for employment authorization for dependent E, L and certain H-4 spouses of principal visa holders, and it further rescinded its 2002 Memorandum which did not permit dependent spouse E, L or certain H-4 visa holders from being automatically authorized to work in the United States. No longer will E, L or H dependent visa holders be mandated to apply for employment authorization cards to evidence work authorization in the United States. Our previous alert regarding the updated memo may be found here.
Clarification from USCIS and the inclusion of E-1, E-2, and E-3 visa holders follows:
The new Policy Memorandum of November 2021 allows for –
USCIS further indicated in its memorandum that it will work with U.S. Customs and Border Protection to modify notations on the I-94 form for those E and L dependent spouses entering the United States so as to streamline their eligibility for immediate access to employment in the United States without the need to file for or obtain separate employment authorization documents.
We are awaiting the actions by U.S. Customs and Border Protection and when it will implement the updated I-94 changes.
|Levine, Roxanne H. Partner||Partner||212.216.1122|