USCIS Issues Policy Guidance to Address Work Authorization Documentation for L and E Dependent Spouses
In a Policy Alert published on March 18, 2022, USCIS confirmed that following its November 2021 announcement that E and L dependent spouses are now work authorized incident to valid status, USCIS will begin making system modifications to reflect new Class of Admission (COA) codes to distinguish between E and L spouses and children. As of January 30, 2022, Customs and Border Protection (CBP) began issuing Form I-94 with the following codes for E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 that reflects one of these new COA codes for E and L spouses is acceptable as evidence of employment authorization for spouses under List C of Form I-9. Alternatively, beginning on or about April 1, 2022, dependent spouses with a Form I-94 issued by USCIS before January 30, 2022, will generally receive a notice from USCIS that reflects the new COA codes. This notice, along with an unexpired Form I-94 that reflects E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status may serve as evidence of employment authorization for qualifying spouses under List C of Form I-9.