Following a settlement in the Shergill case, in which Reddy & Neumann along with Jonathan Wasden and Jesse Bless, represented L-2 spouses, USCIS announced a change in policy that would allow L-2 and E dependent spouses to work incident to status. This meant that the spouses would only need to be in L-2 or E spouse status in order to work, and would not have to apply or wait for an EAD in order to do so. This change is in line with the statute that created the work authorization and is a welcome change. However, there were still reports that individuals were having trouble getting social security numbers from the Social Security Administration (SSA), and that SSA was still requiring proof of work authorization.

In May of 2022, the SSA was working to update its system to be in line with USCIS’s new interpretation of the statute. At the end of September 2022, the American Immigration Lawyers Association reported that most of the denials of SSNs for E and L spouses have ceased and that SSA is applying the new work authorization guidance properly. They have also been informed that there may be some delays caused by additional verification process that DHS requires, but that they should be nominal.

Importantly, the SAVE Case Check website (https://www.uscis.gov/save/save-casecheck) will allow applicants to check the status of their case to see when the response from DHS has been sent back to SSA. This will allow the applicant to timely track it, and appear at their local SSA office to receive their SSN. This is especially useful when individuals apply for an SSN with their I-765. In recent months, there have been significant delays for individuals applying for their I-765 and not getting their SSN despite the request. Utilizing the SAVE Case Check page may help them when applying at their local SSA office.

By: Steven Brown

Steven Brown is a Partner at Reddy Neumann Brown PC where he works in the Non-immigrant visa department and leads the Litigation Team. His practice covers all phases of the non-immigration visa process including filing H-1B, L-1, E-3, H-4, and H-4 EAD petitions. In the last two years, Steven has successfully handled over 1,000 non-immigrant visa petitions including filing petitions, responding to any necessary Requests for Evidence, and drafting motions and appeals. He has also become a key resource for F-1 students that seek guidance on properly complying with the F-1 visa regulations and any OPT or CPT issues they may have. Additionally, Steven holds a weekly conference call for companies that are part of one of the largest organizations for IT Services companies in America

Reddy & Neumann has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on US. Employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.