Residents of Jersey City and other areas of New Jersey may want to learn more about the extension of employment authorization documents as of Nov. 12, 2021. U.S. Citizenship and Immigration Services, or USCIS, gave an automatic extension of authorization for employment to non-immigrant dependent spouses. These are for H-4, E and L visas. This was a result of a challenge to DHS regarding delays in processing the authorization applications.
The extension will take place automatically for a period of 180 days. It will happen if visa holders meet the following conditions.
Application Form I-765 before expiration
The dependent spouse files renewal of their EAD, and it must be before expiration. Doing so will be a positive step in their family immigration process.
Dependent spouse has unexpired I-94 form
Form I-94 indicating valid E, L or H-4 shows the status of a dependent spouse. It must be valid at the time of application.
Automatic extensions will end on certain conditions. These include the following:
- End of the validity period as shown on I-94
- Approval or denial of the application to renew the previous EAD using Form I-765
- 180 days from the expiration of the last EAD.
When are applications made?
Principal L and E employees may seek to extend their status as soon as they are eligible. This is 180 days before their current status expires.
What does the employer do?
Whether hiring or re-verifying the employee, certain documents are acceptable for I-9 purposes. These include:
- Expired previous EAD with reference to A17, A18 or C26 as applicable
- Notice of Action Form I-797C for Form I-765 that shows EAD filed before expiration
- Unexpired Arrival-Departure Record Form I-94 reflecting H-4, E or L status
It will no longer be needed to show an EAD. The annotated I-94 document will be an acceptable I-9 document for work authorization.
It is becoming easier for the spouse of a specific visa holder to continue to work in the United States. Their authorization is receiving an extension from USCIS to speed up the process.