| On February 22, 2002, INS provided information implementing the recently-enacted law which allows the spouses of E and L nonimmigrant principals to obtain employment authorization. The spouses of E-1 Treaty Traders and E-2 Treaty Investors and the spouses of L-1 Intracompany Transferees within the U.S. can now obtain work authorization by filing Form I-765, Application for Employment Authorization and the required $120.00 filing fee with the Service Center having jurisdiction over the spouse's place of residence. Applications filed concurrently with Form I-129 petitions for E-1 and E-2 aliens, however, may only be filed at the appropriate California or Texas Service Centers. E and L spouses must provide evidence that their respective husbands or wives are in bona fide E-1 Treaty Trader, E-2 Treaty Investor or L-1 Intracompany Transferee status as well as proof of a currently valid marriage. INS is also requesting both the dependent spouses' and the E or L principals' Forms I-94 Arrival/Departure Records. If possible, applicants should also submit a copy of the applicable Approval Notice placing the E or L nonimmigrant principal in valid status. Applicants must write the words "Spouse of E Nonimmigrant" or "Spouse of L Nonimmigrant" in the space on the I-765 where the form asks for the appropriate regulatory basis for work authorization. This is generally Question Number 16, on the lower right side, directing the applicant to "Go to the eligibility section on the reverse of the form" and check the applicable box. Dependent E and L spouses should be granted work authorization for the period of admission and/or status of their spouses, not to exceed two years. As usual, INS is giving itself up to ninety days from the date it receives the application to adjudicate the request for employment authorization. If the applicant does not receive his or her Employment Authorization Document (EAD) by the end of the three month period, he or she can go to the District Office with jurisdiction over his or her place of residence and receive an interim EAD valid for up to 240 days. |
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