January 30, 2002

INS Preparing Guidance Regarding Obtaining Employment Authorization for Spouses of Intracompany Transferees and Treaty Traders and Investors

The American Immigration Lawyers Association (AILA) announced that the INS has indicated that it is drafting guidance regarding the process for spouses of intracompany transferees (L-1A and L-1B), treaty traders (E-1) and treaty investors (E-2) to obtain employment authorization. Preliminary reports state that the INS will require individuals to apply for an employment authorization document (EAD). In other words, spouses of intracompany transferees, treaty traders and investors will not be authorized for employment upon admission to the United States. Instead, it is likely that the Service will require them to apply for an EAD upon entry through the INS. AILA anticipates procedures for obtaining the EAD will be contained in the forthcoming guidance.

Greenberg Traurig Business Immigration Group will continue to provide updates regarding this issue.