Guidance on E and L Spousal Employment Authorization

On or about March 1, 2002, the INS issued its instructions regarding employment authorization for E and L spouses. Recent MurthyBulletin articles reported on the legislation enabling these spouses to obtain work authorization and advised that further procedural guidance would be forthcoming from INS. Consult our prior articles E & L Work Authorization Guidance and ISD Confirms Previous Information for background information. It should be noted that only dependent spouses, not children, are included in this measure.

The procedure for E and L dependent spouses to obtain employment authorization involves filing of Form I-765 (Application for Employment Authorization) with the INS Service Center having jurisdiction over the applicant's place of residence. However, if the application is filed concurrently with the petition for the principal spouse's E status (Form I-129), the application can only be filed at the California or Texas Service Center, as applicable.

The application must be accompanied by appropriate supporting documentation. This must, at a minimum, include evidence of the principal spouse's E or L status (approval notices are helpful, if available), and both spouses' Form I-94 (Arrival-Departure Record) evidencing admission as, or change to, E or L status. The applicant should follow the standard instructions as to photographs and other details. After February 19, 2002, the filing fee for the I-765 increased to $120.00.

The guidance instructs applicants to state, "spouse of E nonimmigrant" or "spouse of L nonimmigrant" as the basis of their applications. The employment authorization card will be valid for the period of admission / status, but will not exceed two years. The I-765 Application for Employment Authorization can either be filed on its own or, if an extension or change of status is needed, the I-765 can be filed concurrently with the Form I-539, Application to Extend or Change Nonimmigrant Status.

The INS has up to 90 days to process these applications. If the Employment Authorization Card (EAD) is not issued within that time the applicant can obtain an interim EAD at his or her district INS office, upon presentation of the receipt notice reflecting a wait of 90 days or more. Note that the EAD procedure would be available only for those already possessing L-2 status. Persons who file for the EAD with a status change would need to have the status change approved before an EAD could be issued.