Employment Authorization for E and L Nonimmigrant Spouses

Overview

On February 22, 2002, the INS issued instructions regarding the implementation of two laws which allow spouses of E and L visa holders to obtain employment authorization. Prior to the enactment of these provisions, spouses accompanying or following to join E and L nonimmigrants were not permitted to work in the U.S.

The legislation states that the Attorney General “shall authorize the alien spouse to engage in employment in the United States and provide the spouse with ‘employment authorized’ endorsement or other appropriate work permit.” There is no limit on the scope or nature of the authorized employment.

Filing Procedures

In order to obtain employment authorization and the necessary document showing work authorization has been granted, the alien spouse must file Form I-765, Application for Employment Authorization, with the INS Service Center having jurisdiction over the dependent spouse’s place of residence, and provide the following:

(1) evidence of the E or L principal spouse’s current status (if available, a copy of the petition approval notice should be included to verify status); and

(2) proof of marital relationship (copy of I-94s of both principal and spouse).

Dependent spouses should write “spouse of E nonimmigrant” or “spouse of L nonimmigrant” as the basis for employment authorization on Form I-765. Once given, the employment authorization is granted for the period of admission and/or status of the principal spouse not to exceed two years.

If the applicant is seeking an extension or change of status, Form I-765 may be filed concurrently with Form I-539, Application to Extend or Change Nonimmigrant Status. In this case, the applicant would be able to obtain employment authorization only upon approval of the status change. The application may also be filed concurrently with the I-129 petition for the principal spouse’s E status. If filing concurrently in this case, the forms need to be filed at the appropriate California or Texas Service Centers.

The INS has up to 90 days from the date of receipt to process these employment authorization applications. If the dependent spouse does not receive proof of employment authorization (Form I-766) within that time, he or she may go to a District office to obtain an interim employment authorization document, which is valid for up to 240 days.
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Teressa Accurso Dickman
Attorney At Law

www.ImmigratingToAmerica.com
teressa@ImmigratingToAmerica.com
(954) 522-1088

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