Work Authorization for L-1/E-1/E-2 Spouses

On Wednesday January 16, 2002 President Bush signed H.R. 2277 and H.R. 2278 into law. The respective laws will permit the spouses of intracompany transferees on L-1 visas (H.R. 2278) and spouses of treaty traders and investors on E-1 and E-2 visas (H.R. 2277) to apply for work authorization during their period of stay in the United States. Additionally, H.R. 2278 reduces the requirement of employment abroad before transfer from one (1) year to six (6) months for multinational corporations that have "blanket L" programs. The bills had been in unanimously approved by the House of Representative's Judiciary committee in July 2001 and were approved by the Senate in December 2001.

Similar laws regarding work authorization for spouses of international employees have been in existence in the following countries: Argentina, Australia, Canada, Hong Kong, Italy, Netherlands, Sweden and the United Kingdom. Canada has recently implemented similar spousal laws and there is a push to expand spousal work authorization throughout the European Union. (U.S. Chamber of Commerce, Labor and Employee Benefits Division, June 2001).

It appears that the United States and many of the other countries have realized the difficulties of attracting intracompany transferees to their respective countries, often times at the expense of the spouse's professional career. Providing work authorization apparently will allow the spouses of L-1, E-1 and E-2 visa holders to work in any field (i.e. no "specialty occupation" requirement) and will allow (employer permitting) part-time or flexible work schedules.

Though no regulations have been issued, it would seem clear that the validity of the work authorization would be contingent upon the beneficiary's spouse remaining in L-1, E-1 or E-2 status. Additionally, it appears that a Form I-765 (work authorization application), along with a copy of evidence of valid L-2/E-4 status of the beneficiary's spouse would be required to obtain work authorization.

It is estimated that approximately fifteen thousand (15,000) individuals are likely to apply for work authorization under these two new laws.

As stated above, H.R. 2278 also reduces the one-year of continuous employment with the company abroad requirement to six-months if the "importing employer" has filed a blanket petition under INA §101(a)(15)(L) and has "met the requirements for expedited processing of aliens covered under such petition." The language of the statute does not appear to require the six months continuous employment to occur immediately prior to the filing of the Form I-129. INA §101(a)(15)(L) presently permits the continuous employment time to occur within one (1) of the proceeding three (3) years prior to filing of the Form I-129.