Immigration Nerds Talk About the USCIS Automatic Work Authorization Policy Change

On November 10, 2021, the U.S. Department of Homeland Security entered into a settlement with plaintiffs, significantly changing USCIS policy regarding work authorization for qualified H-4 and L-2 status holders. On November 12, 2021, USCIS updated its Policy Manual to reflect these changes. USCIS and CBP are working to reflect these changes on Form I-94 so as to distinguish E and L dependent spouses from E and L dependent children. When the new code and notation are implemented, Forms I-94 for E or L dependent spouses may constitute as evidence of employment authorization.

Erickson Immigration Group’s Associate Attorney, Sarah Amendola joins today to explain these changes.