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
- L-2S
According to USCIS’s updated guidance:
- 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.
Related Posts
November 1, 2024
Texas Law Requires Immigration Status Check for Medical Treatment, Response Optional
Texas hospitals are now required to ask…