Please find link to the full policy alert linked here.
Copied from USCIS:
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy
Manual to address automatic extension of employment authorization for certain H-4, E, and L
nonimmigrant dependent spouses. USCIS is also rescinding the 2002 Legacy Immigration and
Naturalization Service memorandum entitled, “Guidance on Employment Authorization for E and L
Nonimmigrant Spouses, and for Determinations on the Requisite Employment Abroad for L
Blanket Petition” (2002 INS memorandum).
Policy Highlights
• Provides that certain H-4, E, or L dependent spouses qualify for automatic extension of their
existing employment authorization and accompanying EAD if they properly filed an
application to renew their H-4, E, or L-based EAD before it expires, and they have an
unexpired Form I-94 showing their status as an H-4, E, or L nonimmigrant, as applicable.
• Provides that the automatic extension of the EAD will continue until the earlier of: the end date
on Form I-94 showing valid status, the approval or denial of the EAD renewal application, or
180 days from the date of expiration of the previous EAD.
• Provides that the following combination of documents evidence the automatic extension of the
previous EAD, and are acceptable to present to employers for Form I-9 purposes: Form I-94
indicating the unexpired nonimmigrant status (H-4, E, or L), Form I-797C for a timely-filed
EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or
“(c)(26),” and the facially expired EAD issued under the same category (that is, indicating
Category A17, A18, or C26).
• Provides that E and L dependent spouses are employment authorized incident to their status
and therefore they are no longer required to request employment authorization by filing Form
I-765 but may continue to file Form I-765 if they choose to receive an EAD.4