USCIS Rule change soon: I-765 EAD not needed! H4 EAD eligible for Auto Extension. L2 do not need EAD

US Immigration.

Employment Authorization Lawsuit Won.

H4 EAD Auto extension, L2 No EAD Needed.

A lawsuit which challenged U.S.C.I.S, stating certain visa holder spouses do not need a separate employment authorization, to be eligible for job opportunities or self-employment has yielded results. In the coming days, Most likely there will be an announcement from US Citizenship and Immigration Services, stating these visa holder spouses, no longer need to apply for an E.A.D, otherwise called as employment authorization document for working. similarly certain H4 E.A.D is eligible for Auto Extension.

The dramatic increase in processing times occurred even though USCIS experienced a ten percent drop in cases received during pandemic.
⦁ Processing times for all I-539 applications, to change or extend status increased 250%.
⦁ Processing times for I-485 applications, Employment as well as family-based adjustment of status increased 75%.
⦁ Processing times for naturalization applications (N-400), increased 50%.

Good News!. A lawsuit which challenged U.S.C.I.S, stating certain visa holder spouses do not need a separate employment authorization, to be eligible for job opportunities or self-employment has yielded positive results. very soon US Citizenship and Immigration Services will announce, these visa holder spouses, no longer need to apply for an E.A.D, otherwise called as employment authorization document for working in the United States.
Dependents such as the spouse of an L1 visa holder, who is in the US on an intra-company transfer are given the L2 visa. Similarly H4 visas are issued to dependents, including the spouse of the H-1B visa holder.
The lawsuit had contended that L2 visa holders are automatically eligible for employment ‘incident to status’. In other words, they should be eligible to work without a separate work permit application. However, USCIS required that the L2 holders apply for a work permit. this often resulted in a job loss and associated stress and financial loss, since the wait for EAD adjudication sky rocketed to nearly 10 plus months.

In response to lawsuit filed by The American Immigration Lawyers Association and litigation partner, Shergill, Versus Mayorkas, in the U.S. District Court for the Western District of Washington. Uscis will change its policy. L2 visa holders will no longer, need to apply for an EAD. similarly Some H-4 visa holders will be eligible for auto extension of their EAD, if they had valid status in their H4 visa that lasted longer than the EAD validity


#USImmigration #USCIS #EAD #i765 #L2EAD #H4EAD

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