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Employment Authorization for L and E Spouses
Business Immigration Quarterly
Spring 2002, P. Robert Thompson
Effective January 16, 2002, Public Law 107-124 and Public Law 107-125,
respectively, amended the Immigration and Nationality Act by authorizing the
employment of spouses of E-1 treaty traders and E-2 treaty investors, and
spouses of L-1 intracompany transferees. Previously, with the exception of
spouses and unmarried dependent children of E nonimmigrant employees of the
Taiwan Economic and Cultural Representative Office (TECRO), spouses
accompanying principal E and L nonimmigrants did not have employment
authorization.
This is a very significant step by the United States in that it accepts what
many other countries accepted a long time ago – that spouses of nonimmigrant
workers add value to this country and its economy. For years, countries
around the world have allowed spouses of foreign nationals that hold work
permits to be employed. Such countries include, but are not limited to:
Australia, the United Kingdom, Mexico, the Netherlands, Hong Kong and, in
limited circumstances, Canada. These countries have recognized, as the
United States has now recognized, that working spouses are now more the rule
rather than the exception.
To obtain an employment authorization document (or “EAD”), an E or L
nonimmigrant spouse must file a Form I-765, Application for Employment
Authorization, with the INS Service Center with jurisdiction over the
dependent spouse's place of residence (for E-visa holders, this will always
be the Texas Service Center). By regulation, the INS has up to 90 days from
the date the INS receives an alien's Form I-765 to adjudicate the
application. In the event that an alien does not receive an approval (Form
I-766) within this 90-day period, (s)he may go to an INS District office and
receive an EAD that is valid for up to 240 days. District offices will
follow current guidelines for issuance of interim employment authorization
documents.
It is important to note that neither law limits the scope or nature of the
authorized employment. Instead, the laws provide for an "open market"
employment authorization that can be used for any job with any employer. It
should also be noted that there are no provisions that allow for the
employment of other dependents (i.e., dependent children) of the principal E
or L nonimmigrant.
P. Robert Thompson, Esq.
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