Understanding L-2S Work Authorization
If you’re the spouse of an L-1 visa holder, you enjoy a significant benefit: automatic work authorization. Unlike many visa categories, you don’t need to apply for an Employment Authorization Document (EAD) to work legally in the U.S. Instead, your status as an L-2S spouse and an unexpired Form I-94 annotated with “L-2S” prove your eligibility to work. This streamlined process allows you to start working immediately upon entering the U.S. with a valid L-2S status. However, when it comes to extending your work authorization, the process varies depending on whether you rely solely on your I-94 or obtain an EAD.
Extending Work Authorization Without an EAD
If you choose not to apply for an EAD, your ability to work depends entirely on the validity of your Form I-94. When your I-94 expires, your work authorization ends.
Here’s what you need to know:
- Form I-539: When extending your L-2S status, you must file Form I-539 before your current status expires. While your presence in the U.S. remains legal during the processing of Form I-539, your work authorization does not automatically extend.
- Planning Ahead: To avoid lapses, file your extension application early and track processing times carefully.
Extending Work Authorization With an EAD
Although an EAD is not required, applying for one can provide significant benefits. If you hold an EAD and file for renewal before it expires:
- Automatic EAD Extension: You may qualify for an automatic extension of your work authorization while your renewal is pending as long as you file on time.
- Added Flexibility: An EAD can be a backup in case of delays or other complications with your I-94 extension.
Key Takeaways
- Work Authorization via I-94: Faster but requires timely I-539 filings to avoid gaps in work eligibility.
- Work Authorization via EAD: Optional, but ensures automatic extensions and added security for long-term employment.
- Be Proactive: Monitor expiration dates for your I-94 and/or EAD to avoid work interruptions.
Conclusion
For specific questions about your L-2S status and work authorization options, consult an experienced immigration attorney. Ensuring compliance with USCIS requirements is essential to maintaining your ability to work and live in the U.S.
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