FAQ Regarding
New E & L Law

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The President signed Public Laws 107-124 and 107-125 on January 16, 2002. The laws permit certain spouses of persons in E and L status to be employed in the United States. They also reduce the amount of time that an L-1 intracompany transferee must work for the employer (or for an related employer abroad in order to qualify for L-1 status when the employer is in possession of a blanket L petition. On February 22, 2002, the INS issued a memoradum entitled "Guidance on Employment Authorization of E and L Spouses, and for Determinations on the Requisite Employment Abroad for L Blanket Petitions" to implement the laws.

What follows is a FAQ (Frequently Asked Questions) regarding the laws and the INS memorandum. We hope that this FAQ will serve as a useful tool for employers and employees alike.

Q.1 Who do the laws permit to work in the United States?

A.1 The laws permit certain spouses of E-1 treaty traders , E-2 treaty investors and L-1 intracompany transferees to apply for employment authorization. The spouses must be in E or L status. Children of E's and L's are not permitted to work.

Q.2 What is the procedure for applying for employment authorization?

A.2 The applicant must submit form I-765 to the INS together with a filing fee of $120. Generally, the I-765 must be submitted to the INS Service Center which has jurisdiction over the applicant's place of residence.

However, the memorandum permits a I-765 to be submitted concurrently with a nonimmigrant visa petition (form I-129) for the principal. It notes that, in the case of an E-1 or an E-2, the visa petition must be filed with either the California or the Texas Service Center. In such a case, the I-765 must be filed at the same Service Center as the I-129. Additionally, the memorandum permits the I-765 to be filed concurrently with form I-539, an application for an extension or change of nonimmigrant status.

Q.3 What other documents must accompany the I-765?

A.3 The applicant should submit the following documents together with the I-765:

• The I-94s of both the principal and the spouse showing that they were admitted to the U.S. in E or L status, or received a change of status to one of these categories while in the U.S.

• When available, a copy of the approval notice of the nonimmigrant visa petition filed of behalf of the principal.

The applicant should note on the I-765 that he/she is the "spouse of E nonimmigrant" or the "spouse of L nonimmigrant" as appropriate.

Q.4 For how long will the Employment Authorization Document (EAD) be valid?

A.4 Initially, the EAD will be valid for two years. The applicant may reapply for a new EAD before (or after) the expiration of the two-year period.

Q.5 How long will it take before the spouse is granted work authorization?

A.5 By regulation, the INS must grant work authorization within 90 days after receiving a valid application. However, if the applicant does not receive the EAD within 90 days, he/she can go to an INS District Office and receive an EAD that is valid for up to 240 days.

Q.6 Does the law shorten the period of time for a person to qualify for L status must have been employed abroad for the employer, or a related employer?

A.6 Yes, this time is shortened from one year to six months, but only if the employer has a "blanket" L petition approved by the INS. Otherwise, the employee must work abroad for the employer or a related company for one year before qualifying for L status.

Q.7 Does this mean that such a person can apply for permanent residence as a multinational executive or manager on the basis of his or her six-month employment abroad?

A.7 No. The law applies only to nonimmigrant L status. In order to qualify for permanent residence as a multinational executive or manager, he/she must still meet the "one-year" requirement. Employers of persons who enter the U.S. in L status using the new "six-month" law may be forced to submit Applications for Alien Labor Certification in order to obtain permanent residence for such persons.

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