Settlement Of Class Action Lawsuit By USCIS: Solves H-4 And L-2 Lengthy Delays For Obtaining Employment Authorization EAD’s – Immigration

Jaffe Raitt Heuer & Weiss, PC

United States:

USCIS Class Action Resolution: Resolves H-4 and L-2 long delays in obtaining EAD’s employment permit

November 16, 2021

Jaffe Raitt Heuer & Weiss, PC

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USCIS announced on Nov. 10, 2021 that it had resolved a class action lawsuit filed in Washington state that focused on long deliberative deadlines for processing work permit (EAD) extensions from H-4 spouses as well as L-2 spouses an initial employment permit and / or renewals of EADs.

A brief summary of the new, improved guidelines includes:

  1. H-4 Spouses who are already approved for an EAD and who apply for an EAD renewal in good time will receive an automatic 180-day extension of the expiring EAD. Note that first-time EAD applicants in the H-4 Spouse Category are excluded and will not see any changes to their current turnaround times or procedures.
  2. L-2 spouses are recognized as having an implicit work permit in their L-2 status. This is a historic recognition by USCIS. In the long run, this means that L-2 spouses no longer even need EADs to be allowed to work in the U.S. EAD that expires within the 120 days must have applied for an EAD extension in good time. For these EAD renewal applicants submitted on time, their employment permit is automatically extended by 180 days. L-2 spouses seeking first-time employment will have a slight delay in implementing the policy and may not be able to take up employment based on their implicit employment until the I-94 record formatting is updated by USCIS to indicate that “L-2 spouse” instead of just “L-2” as is the current I-94 formatting.

The content of this article is intended to provide general guidance on the subject. Expert advice should be sought regarding your specific circumstances.

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