E and L Spouse Work Authorization Guidance
Posted Feb 08, 2002

On January 25, 2002, we reported on recent legislation authorizing employment for spouses of "E" (treaty trader or investor) and "L" (intra-company transferee) visa holders, in our article Employment Authorization for L and E Spouses. That article explained that the U.S. Congress had approved work authorization for these individuals, but INS had not yet established a procedure for issuance of appropriate employment authorization documentation. In a liaison teleconference between members of AILA and the INS Vermont Service Center (VSC), on January 30, 2002, VSC indicated that they have started taking employment authorization applications from L-2 spouses, only. The specific procedures are explained below.

Although the INS is still in the process of issuing guidance to implement the law granting E and L spouses the ability to work, they advised that the process would include utilization of the employment authorization document (EAD). In light of this announcement, the Vermont Service Center has stated that they will accept Applications for EADs (Form I-765) from L-2 applicants. The form provides a space to indicate the section of the law under which one is applying. The correct section for L-2 spouses should be 274a.12(a)(18) of the Immigration and Nationality Act (INA).
 
The EAD is the standard work authorization card that the INS issues to various categories of eligible people, for example F-1 students on optional practical training or adjustment of status (I-485) applicants. Applicants are reminded to read the instructions carefully, include the correct filing fee, and photographs that meet INS specifications. EADs are generally valid for one year at a time and can be renewed as long as the applicant remains in an employment-eligible category.

The VSC is accepting the applications for initial processing only. They will not be able to actually issue the employment authorization documents until the INS issues regulations. Also, the Service Center computers need to be modified to accept the new eligibility code of the INA. As it ordinarily can take several months for INS to process EADs, however, filing at this time may expedite the applicant's receipt of authorization to work.

In order to file with the VSC, your case must fall within their jurisdiction. Other applicants must file with the INS regional service centers that have jurisdiction over their places of residence. The filing instructions list the states within the jurisdiction of each regional office. Since the INS ordinarily has uniform, national procedures the other service centers presumably will process cases in a manner similar to VSC. We will report on this matter if any clarification is issued.
Spouses of E nonimmigrants must file their I-765 applications with the Texas Service Center (TSC), as the TSC has exclusive jurisdiction over E cases, regardless of location. The VSC stated that it will reject (return), rather than forward, incorrectly filed E cases.

We are pleased that some prompt progress is being made to establish procedures for E and L spouses to obtain employment authorization. You can rely on the MurthyBulletin and MurthyDotCom to provide updates and further guidance on this issue as it develops.