USCIS is updating guidance in the USCIS 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 Nov. 12, 2021, USCIS issued a policy announcement to clarify that USCIS 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 Jan. 30, 2022, USCIS and 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 you are an E or L spouse age 21 or over who has an unexpired Form I-94 that USCIS issued before Jan. 30, 2022, USCIS will mail you 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 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 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 U.S. Customs and Border Protection (CBP) should visit www.cbp.gov.
If you have any questions about how the immigration and nationality laws in the United States may impact you or your family, or if you want to access additional information about United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. You can send us an email at firstname.lastname@example.org or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com