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To obtain employment authorization for spouses of E and L nonimmigrant visa holders, Form I-765 must be filed with the Service Center having jurisdiction over the dependent spouse's place of residence. If the petition is filed concurrently with I-129 petitions for E-1 and E-2 principal aliens, the application can only be filed at the appropriate California or Texas Service Centers.

The following documents must be provided with Employment Authorization application:

• Filing fee check, made payable to USCIS

• Evidence of marital relationship

• Evidence to verify current status of the dependent spouse and principal visa holder

• Both the dependent spouse's and E and L nonimmigrant principal's Form I-94, Arrival/Departure record, evidencing admission as or change of status to an E or L non-immigrant.

• When available, a copy of the petition approval notice of the E or L nonimmigrant principal

• Two pictures

Employment authorization processing procedures

In the space provided on Form I-765 the applicant should state "spouse of L nonimmigrant" or "spouse of E nonimmigrant".

Dependent spouses of E and L nonimmigrants will be authorized employment for the period of admission of their spouses not to exceed two years.

Dependent spouses may either file the form I-765 with the Form I-539 (Application to extend or change nonimmigrant status) or independently. A receipt on Form I-797 and a corresponding Form I-766 (the actual EAD card) will be generated to reflect this basis of employment authorization.

The Service has 90 days from the date of receipt of Form I-765 to process the application. If the alien does not receive the form I-766 (Actual EAD card) within this 90 day period, an employment authorization document can be obtained from the District Office which is valid for up to 240 days.

The basis of work authorization for the spouse of an L nonimmigrant will be "A-18" under "Category" on Form I-766 and (a)(18) on Form I-797 and similarly for the spouse of an E nonimmigrant "A-17" under "Category" on Form I-766 and (a)(17) on Form I-797.