The US Department of Homeland Security settled a lawsuit regarding employment authorization for spouses of L-1 intracompany transferees ("L-2 Spouses"). As a result, L-2 spouses will no longer need a separate employment authorization document (EAD) to work in the US. Click here for article.
Regulatory Background: While certain foreign nationals, like Lawful Permanent Residents, are automatically employment authorized, others, including L-2 spouses, were required to obtain a separate EAD before working in the US. However, the Immigration and Nationality Act mandates employment authorization for L-2 spouses.
Settlement Impact: L-2 spouses can now commence employment with any employer upon arrival in the US without needing an EAD. They will not face inadmissibility for engaging in unauthorized employment without an EAD.
Benefits for Employers:
Streamlined Process: USCIS's slow processing of EAD applications often led to termination or unpaid leaves of absence for L-2 spouse employees. With this change, employers won't need to terminate employees due to delayed EAD processing.
Reduced Disruption: The settlement makes using an L visa less disruptive for families, as spouses no longer need to wait months for an EAD. They can search for employment in the US and accept a job upon arrival.