Qualifying foreign executives’ spouses are being granted immediate work authorization in the U.S. upon entry. The U.S. Customs and Border Protection are noting work eligibility on the appropriate individuals’ I-94s or entry records upon entry to the U.S., avoiding the waiting process for gaining a work permit.

The action is the result of a settlement from a case that was brought by a group of noncitizen spouses. The lawsuit claimed that U.S. Citizenship and Immigration Services (USCIS) work permit policies caused undue delay and access to a work permit, affecting their and their family’s livelihood. The settlement became effective on January 31, 2022. As such, eligible foreign workers’ spouses are eligible for employment upon entry.

USCIS wait times for work permits are estimated at over six months as the end of 2021.

Due to the extended wait times for work permits, lawsuits have been filed against USCIS. A group of individuals eligible for L-2 and H-4 visas based on spousal status have filed suit. The L-2 and H-4 visas are reliant on their spouse’s H-1B status either as specialty workers or executives who have been transferred to the U.S.

Automatic six-month renewal of work authorization was requested by H-4 visa holders. Default eligibility was requested by L-2 visa holders. However, as USCIS didn’t provide proof of automatic renewal for work authorization, applying for a work permit was required and as such, many lost their jobs due to the extended wait.

USCIS updated its work permit policy in November 2021. They provided clarity for H-4 work permits being automatically renewed. USCIS also updated the L-2 policy stating they are eligible to work by default, with no need for a work permit. At that time, USCIS stated they would need some time to actually implement the L-2 policy. As the L-2 visa covers both children and spouses of qualifying executives, USCIS needed time to add details to the requirements.

The resolution went into effect on Jan 31, 2022. However, for individuals who entered the U.S. prior to January 31, 2022, their eligibility has not been granted without waiting for a work permit. These individuals should consult an immigration attorney to determine the best next steps to gain work authorization.

ILBSG continues to monitor ongoing policy updates and changes to ensure our clients get the right advice. If you have questions about your work authorization or any other immigration-related issue, contact us.

H-4 L-2 USCIS Work Authorization