U.S. Citizenship and Immigration Services (USCIS) is updating guidance in its Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.
On November 12, 2021, USCIS issued a policy announcement to clarify that it will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish between E and L spouses and children.
As of January 30, 2022, USCIS and U.S. Customs and Border Protection (CBP) began issuing Forms I-94 with the following new COA codes for certain 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.
If a foreign national is an E or L spouse age 21 or over who has an unexpired Form I-94 that USCIS issued before January 30, 2022, USCIS will mail him/her a notice beginning on or about April 1, 2022. This notice, along with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, will serve as evidence of employment authorization. If a foreign national is an E or L spouse and under 21, or if he/she has not received a notice by April 30, such foreign national is instructed to email E-L-married-U21@uscis.dhs.gov to request a notice.
USCIS will only send notices to individuals identified as qualifying spouses based on a Form I-539 approved by USCIS. Individuals who received their Form I-94 from CBP should visit www.cbp.gov.
For further information, please contact:
Meyner and Landis, LLP
One Gateway Center, Suite 2500, Newark, New Jersey 07102
