As a result of a settlement agreement in a lawsuit that challenged the lengthy processing delays of H-4 and L-2 Employment Authorization Document (EAD) applications (Shergill et al v. Mayorkas), USCIS has agreed to change its policies regarding these H-4 and L-2 EAD applications, including the following:

  • Certain H-4 nonimmigrants with EAD renewal applications will be eligible for an automatic extension of their work authorization.
  • Certain L-2 spouses will benefit from automatic work authorization based on their L-2 status without the need for an EAD with some limitations. L-2 EAD renewal applications may also be eligible for automatic extensions.

At this time, detailed USCIS guidance is forthcoming.