March 1, 2002 -

On January 16, 2002, President Bush signed into law two bills that authorize employment for spouses of L and E visa holders. Berry, Appleman & Leiden recently received information concerning the implementation of the new legislation. According to a February 22, 2002 memo signed by William Yates, Deputy Executive Associate Commissioner, INS Service Centers are to begin immediate processing of applications for employment authorization from L and E spouses. The new procedures are:

1. Form I-765 with $120 Filing Fee: E and L nonimmigrant spouses are required to file Form I-765 with the required $120 fee and two photographs.
   
   
2. Filing Location is Determined by Spouse's Residence: The I-765 must be filed at the Service Center with jurisdiction over the dependent spouse's place of residence. An exception to this rule is I-765s concurrently filed with Form I-129 petitions for E-1 and E-2 principal aliens. These may only be filed with the California or Texas Service Centers, as the primary application may only be filed with these two Service Centers.
   
   
3. Evidence of Current Status and Marital Relationship: Evidence of current E or L nonimmigrant status of the principal and spouse, and a valid marital relationship must be submitted. Both the principal and the spouse's Form I-94 Arrival-Departure Records should be submitted to provide evidence of admission or change to E or L status. When available, applicants should also submit a copy of the petition approval notice of the E or L nonimmigrant principal to verify status.
   
   
4. Basis for Employment Authorization: In the space provided on the I-765 requesting the basis for employment authorization, write either "spouse of E nonimmigrant" or "spouse of L nonimmigrant."
   
   
5. Two Year Validity: The authorized period of employment will be for the period of admission and/or status of the spouse, not to exceed two years.
   
   
6. Concurrent Filing Acceptable: The spousal I-765 may be filed concurrently with the Form I-539, application to Extend or Change Nonimmigrant Status.
   
   
7. Issuance in 90 Days: By law, the INS has 90 days to issue work authorization. A receipt will be issued on form I-797. This is not valid for work authorization. Form I-766 will provide work authorization. If Form I-766 is not received after 90 days, the applicant may request interim work authorization from a District office that is valid for up to 240 days.
   
   
8. Employer Authentication: The INS is amending the appropriate regulations to permit employers to accept the I-766 for I-9 purposes.
   
   
9. Regulatory Classification: Classification for E spouses is: A-17. Classification for L spouses is: A-18.

Spouses of current BAL clients who wish to file for employment authorization through BAL should send an email directly to the BAL attorney who is handling any ongoing matter for the E or L principal employee. Alternatively, you may send an email to BAL attorney Larry Drumm ldrumm@usabal.com. Please be sure to include:

• the name of the E or L principal employee;
• the company name of the principal's employer;
• the E or L spouse's full name;
• the E or L spouse's current home address.

You should also prepare photocopies of the required civil documents (marriage certificate, passport, visa, and I-94 cards for the principal and spouse). Instructions for obtaining the two photographs that must accompany the application are available at http://www.usabal.com/permres/photo/photo.html.