L-2 work permit


I am on L-2 Visa and moved to USA in September 2021. I hear that, as per the new lawsuit, EAD is not required for L-2 visa holders to work in USA, but I-94 records has to be updated accordingly. when will the changes to I-94 updated? Do I have to still apply for EAD ?

Thank you

The policy update was made in November 2021 so yes, you should apply for EAD for now and your next L2 extension of status approval notice will have the updated I-94 that will have annotation that says valid for employment or something in that line.

You may get updated I-94 issued if you travel outside the US and enter back, if you dont want to file EAD.

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Thank you very much for the clarity … :slight_smile:

Related question - My L2 and I-94 has expired. Applied for extension and got the receipt, but still waiting for approval. I had an EAD already that is also expired. Here again I applied for extension and has been waiting for last 7 months, no approval yet. Am I allowed to work with my L2 receipt, for 180 days from the EAD expiry date, as per the new rule?

Yes if you filed your L2 EOS in timely fashion before your I-94 expired.
Below is the guideline on I-9 reporting for employers.

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Thanks for the quick reply. This link also states unexpired I94 “an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status must accompany Form I-797C”. My i94 expired with L2. Does that mean, I can continue work till I get my new I-94 extended, i.e my L2 extension approved? That’s what my immigration team states.