February 3, 2002

Update on Processing of EAD Cards for Spouses of L and E Nonimmigrants

As previously reported by GT, President Bush recently signed into law two bills that allow spouses of E-1 (treaty-trader), E-2 (treaty-investor), and L-1 (intra company transferees) visa holders to obtain work authorization.

In a teleconference with the American Immigration Lawyer’s Association, the INS Vermont Service Center stated that it will begin to accept applications for work authorization for spouses of L-1 nonimmigrants. However, while the Vermont Service Center has indicated they will accept applications, they will hold them until new regulations relating to work authorization for L-1 spouses have been issued and the INS CLAIMS system has been modified to recognize this new class of work authorization. At this point, there is no indication from the INS exactly when these regulations will be issued although we anticipate it will be shortly.

From the teleconference, it appears spouses of E nonimmigrants are to file their applications for work authorizations with the Texas Service Center as it has sole jurisdiction over petitions for E principals. If a application for work authorization for a E spouse is filed with the Vermont Service Center, the Vermont Service Center will not accept the filing. Instead, they will return it with instructions to file it with the Texas Service Center.

Please contact our offices if you wish to receive more information or if you have questions regarding filing an EAD for E-1, E-2 and L-1 spouses.