U.S. Citizenship and Immigration Services (USCIS) updated guidance relating to I-94s for certain E and L nonimmigrant spouses and how I-94s may be used as evidence of employment authorization.
On November 12, 2021, USCIS issued a policy memorandum notifying that E and L spouses will be employment authorized based on their valid E or L nonimmigrant status. USCIS would be taking measures along with the Department of Homeland Security to add new Class of Admission (COA) Codes to distinguish between E and L spouses and children as E and L spouses may obtain work authorization but children may not.
As of January 30, 2022, USCIS and CBP updated issued Forms I-94 following COA codes for E and L spouses:
E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9.
E and L spouses with a Form I-94 issued by USCIS before January 30, 2022, that was notated with E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status will generally receive a notice from USCIS (beginning on or about April 1, 2022) regarding the new COA codes that, together with an unexpired Form I-94 reflecting E-1, E-2, E-3 E-3D, E-3R, or L-2 nonimmigrant status, may serve as evidence of employment authorization for such spouses under List C of Form I-9.
USCIS as provided that if you are an E or L spouse and under 21, or if you have not received your notice by April 30, email E-L-married-U21@uscis.dhs.gov based on approved Form I-539 by USCIS. Individuals who received their Form I-94 from U.S. Customs and Border Protection (CBP) should visit www.cbp.gov and apply for an updated I-94.
If you have questions about the E or L visa or any other immigration-related issue, contact us at ILBSG. We keep our clients updated on the latest developments to ensure they get the right advice. We are here to help.
