The American Immigration Lawyers Association (AILA) recently announced a landmark litigation settlement in Shergill et al., v. Mayorkas, which will increase H-4 and L-2 employment authorization flexibility for certain eligible dependent spouses.
Once implemented, this policy will allow L-2 spouses to work based on their status as a L-2 spouse alone without having to apply for an Employment Authorization Document (EAD). Also, certain L-2 and H-4 spouse’s EAD timely filed renewal applications will be eligible for 180-day automatic extensions of work authorization, consistent with other EAD categories.
USCIS has provided guidance regarding its policy change, which extends to E2 dependent work authorization, at https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211112-EmploymentAuthorization.pdf
