Form I-9 Update: Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses

On March 18, 2022, USCIS issued a Policy Alert titled ‘Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses’. As of January 30, 2022, USCIS and 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.

Employees providing this as a List C document must also provide a List B Identity document from the Lists of Acceptable Documents. For more information on acceptable Form I‑9 documentation, please visit Form I‑9 Acceptable Documents Webpage.

USCIS link: https://www.uscis.gov/i-9-central/covid-19-form-i-9-related-news/documentation-of-employment-authorization-for-certain-e-and-l-nonimmigrant-dependent-spouses