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U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual after it entered into a legal settlement this week in Shergill, et al v. Mayorkas. The settlement makes significant changes to the work authorization process for the spouses of high-skilled workers in the U.S.
Under the settlement and the subsequent USCIS guidance, E and L spouses will not have to apply for an Employment Authorization Document (EAD) to work in the U.S. In addition, E, L, H-4 spouses will be provided automatic 180-day EAD extensions if they meet certain conditions.
BAL Analysis: E spouses were not specifically addressed in the settlement agreement, so the addition of E categories in the USCIS guidance is a significant development. BAL will continue to monitor developments related to the settlement, including DHS’ work to update the Form I-94 so that it can be used for verification of employment eligibility in the Form I-9 process. BAL will provide additional information as it becomes available.
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