UPDATE: Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses

On May 10, 2022, U.S. Citizenship and Immigration Services (USCIS) provided the following update. For any questions about how this affects you, contact the ImLaw team.

As of January 30, 2022, USCIS and Customs and Border Protection (CBP) began issuing Form I‑94, Arrival-Departure records, with new classes of admission (COA) codes for certain E and L nonimmigrant dependent spouses who are employment authorized based on their status. The COA designations for E nonimmigrant spouses are E‑1S, E‑2S, E‑3S, and L‑2S for nonimmigrant L spouses. Forms I‑94 containing these code designations are acceptable as a List C, #7 employment authorization document issued by the Department of Homeland Security.

UPDATE:  USCIS mailed notices in early April 2022, to E and L spouses (age 21 or over) who have an unexpired Form I‑94 that USCIS issued before Jan. 30, 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 satisfy Form I‑9, List C, #7. 

Employees who are an E or L spouse, employment authorized based on their status and under 21, or did not receive the notice by April 30 can email E‑L‑married‑U21@uscis.dhs.gov to request a notice. Individuals who received their Form I‑94 at the time of their entry into the United States should visit https://i94.cbp.dhs.gov/I94/#/home.  Not all spouses of principal E nonimmigrants are considered employment authorized incident to status.