Are there any updates on when I will be able to get automatic work authorization based on being a dependent spouse in L-2 status?

Answer

We are still awaiting formal guidance on this issue. However, at least some (and possibly all) U.S. Customs and Border Protection (CBP) offices are granting L-2s status that designates the person as a work authorized spouse. Hopefully, a formal announcement of the process will be released in the near future. For now, however, it may be a good idea to contact your local CBP secondary inspection site. (09.Feb.2022)

UPDATE: The American Immigration Lawyers Association (AILA) CBP Liaison Committee has been informed that deferred inspection will not provide an updated I-94 if the person is already in the U.S. However, per the CBP Liaison Committee, any dependent L-2 spouse with a valid I-94 may use this as evidence of work authorization (i.e., Even if the I-94 says L-2, rather than L-2S, it may be used.) As of yet, however, neither the USCIS Policy Manual nor the Handbook for Employers M-274, which guides employers in completing form I-9, reflect this.

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

Copyright © 2022, MURTHY LAW FIRM. All Rights Reserved