A recent change in US visa policy has sparked significant concern among families of legal immigrants, particularly affecting spouses who rely on Employment Authorization Documents (EAD) to work legally in the US. We recently assisted a client whose spouse’s EAD renewal was unexpectedly denied due to this new rule, which limits EAD eligibility for spouses of certain visa categories.
According to the updated USCIS policy, spouses of some visa holders—especially those holding H-1B and L-1 visas—may face restrictions or delays in obtaining or renewing their EADs. This change is rooted in a reinterpretation of INA §214 and related regulations, notably 8 CFR 274a.12(c), which govern work authorization eligibility. The policy aims to tighten the criteria under which dependent spouses can receive independent work permits.
One concrete example: a client’s spouse on L-2 status, who previously received automatic EAD approval, faced a six-month delay after the new rule took effect. This delay caused considerable work disruption. Based on this, we now proactively advise clients to prepare alternative strategies.
What can you do now? First, check the expiration date on your spouse’s current EAD (Form I-797). If renewal is approaching within 180 days, start the renewal process immediately to avoid gaps. Second, consider whether the spouse can maintain status via L-2 or H-4 dependent status with work authorization under INA §106(c) if eligible. Third, explore other visa categories or adjustment of status options that may provide more stable work authorization, such as EB-1C green card pathways for executives or H-1B transfers.
We also recommend employers and HR teams update their internal policies to account for longer EAD processing times and prepare to support affected employees. Filing I-765 renewal applications with premium processing (where available) or concurrent I-485 filings can sometimes mitigate delays.