USCIS Updates Guidance on Employment Authorization for E and L Visa Spouses

U.S. Citizenship and Immigration Services (USCIS) has announced that it is updating its guidance as to what types of documentation E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status. 

This announcement comes after a previous announcement on November 12^th, 2021, in which USCIS said that it considers E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. Since this announcement, the Department of Homeland Security (DHS) has also created new Class of Admission (COA) codes to better separate and identify E and L spouses and children. 

Beginning on January 30^th, 2022, USCIS and U.S. Customs and Border Patrol (CBP) issued new COA codes for E and L spouses, they are as follows; E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 that reflects one of these new codes will be acceptable as evidence of employment authorization for spouses under List C of the I-9 Form. 

Should you be an E or L spouse aged 21 or older who has an unexpired Form I-94 that USCIS gave to you before January 30^th, 2022, USCIS will mail you a notice starting on or around April 1^st, 2022. The notice with the Form I-94 that has E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status can be used as evidence of employment authorization. If you are an E or L spouse that is under 21 years of age, or if your notice has not come from USCIS yet, you can contact them by emailing E-L-married-U21@uscis.dhs.gov to request a notice. USCIS says that these notices will only go out to those individuals who are identified as qualified spouses as stated on a Form I-539 that is approved by USCIS. Those who have received their Form I-94 from CBP should visit www.cbp.gov. 

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