As a result of settling the Shergill et al, v. Mayorkas case against the U.S. Department of Homeland Security (DHS), there are critical updates to the process of obtaining work permits for E, H-4, and L-2 spouses.
With these changes effective immediately, E-1 spouses, E-2 spouses, E-3 spouses, and L-2 spouses will hold work authorization incident to their status, which means that they will not need to apply for an Employment Authorization Document (EAD) in order to work in the United States. H-4 spouses will receive the benefit of having their employment authorization automatically extended for 180 days while their EAD renewal application is pending, as long as the renewal application was filed before the current EAD expires.
The changes for E and L-2 spouses will require updates in the government systems, for which the government has not announced a set timeline. In the meantime, E and L-2 spouses can enjoy the same benefit as H-4 spouses—automatic extension of their work authorization for 180 days while their EAD renewal application is pending, as long as the renewal application was filed before the current EAD expires.
We recommend consulting with the experienced immigration attorneys in our office to find out how these changes can impact you.