L-2 spouses in the US may no longer need to apply for work authorization
2 min read
A lawsuit contesting that L-2 visa holders do not need a separate employment authorization (or work permit). To be eligible for job opportunities or independent work in the US has yielded results. In the coming days, it is likely that the US Citizenship and Immigration Services (USCIS) will declare that L-2 visa holders (L-2 spouses) no longer need to apply for an employment authorization document (EAD).
Dependants like the spouse of an L-1 visa holder (who is in the US on an intra-organization move) are given the L-2 visa. However, H-4 visas are held by dependents including the spouse of the H-1B visa holder.
L-2 spouses in the US may no longer need to apply for work authorization
The claim had contended that L-2 visa holders are eligible for employment ‘incident to status‘. In other words, they should be eligible to work without a different work permit application. However, US Citizenship and Immigration Services (USCIS) required that the L-2 holders apply for a work permit – this often resulted in a job loss, as they wait for the application to be adjudicated took 10-15 months.
“We have harmed out the terms of the settlement agreement,” Jonathan Wasden, partner at Wasden Banias, who addressed the 16 plaintiffs, told TOI.
[F-1 Change of Status and Filing a Bridge Petition]
These plaintiffs, the majority of the Indian nationals, are holding an L-2 or H-4 dependent visas. They had challenged that as the immigration agency has violated the law. Also, they found themselves in the precious situation of being unemployed.
“In response to our claim (Shergill v/s Mayorkas) the immigration agency will change its policy. Moreover, L-2 visa holders will no longer need to apply for an employment authorization document (EAD). Some H-4 visa holders will be eligible for an auto extension of their EAD. If they had a valid status that lasted longer than the EAD,” clarified Wasden.
