Class Action Settlement Leads USCIS to Expand Employment Authorization for Spouses of Certain Immigrant Workers
Highlights
The USCIS settled a class-action lawsuit it faced from H-4, E, and L-2 dependent spouses regarding their authorized employment
L-2s and E spouses are now considered employment authorized “incident to status,” and EAD cards are not required to be considered work authorized, contingent on I-94 admission update from the USCIS
H-4 spouses will still need to rely on an EAD card issued by the USCIS for employment authorization
On Nov. 10, 2021, the U.S. Citizenship and Immigration Services (USCIS) settled a class-action lawsuit it was facing filed by eligible H-4, E, and L-2 dependent spouses challenging how the USCIS determined whether or not such individuals are authorized for employment. This settlement, along with the agency’s subsequent new policy memorandum, should reduce the likelihood of unpaid leaves of absence and loss of employment authorization due to bureaucratic delays.
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