Work authorization for H-4 and L-2 spouses and spouses in E status.

On 10 November 2021, litigants and the U.S. Department of Homeland Security executed a settlement agreement in Shergill v. Mayorkas, Case No. 21-cv-1296-RSM (W.D. Washington). The settlement agreement impacts employment authorization (I-765 Form) for H-4 and L-2 nonimmigrant spouses.

On 12 November 2021, U.S. Citizenship and Immigration Services issued a policy alert (PA-2021-25). The policy alert details the changes to employment authorization including automatic extension, documents necessary to prove work authorization for I-9 purposes, and future changes to I-94 Forms. The policy alert also discusses revisions to work eligibility for L-2 spouses and spouses in E status upon obtaining nonimmigrant status. The legal change does not apply to spouses married to employees working with the Taipei Economic and Cultural Representative Office (TECRO) or Taipei Economic and Cultural Office (TECO). The change also does not apply to spouses married to E-2 CNMI investors.