USCIS introduced streamlined guidance for employment authorization for spouses of E and L visa holders. Effective January 30, 2022, both USCIS and U.S. Customs and Border Protection (CBP) implemented new I-94 codes that automatically authorize eligible spouses to work in the United States. Here’s what you need to know to ensure you have the correct documentation for employment.
New I-94 Work Authorization Codes
If you are the spouse of an E or L visa holder, a valid I-94 or visa issued after January 30, 2022, will include one of the following codes:
- E-1S
- E-2S
- E-3S
- L-2S
These codes serve as proof of employment authorization, meaning that you do not need to apply for an additional Employment Authorization Document (EAD) to work legally in the U.S. The presence of any of these codes on your I-94 automatically permits you to start working.
Additional Requirements for Non-Canadian Spouses
If you are an E or L visa holder and your spouse is not a Canadian citizen, your spouse must obtain a dependent visa to legally enter the U.S. as your spouse. After entry, their I-94 should display the correct employment authorization code (E-1S, E-2S, E-3S, or L-2S) to confirm their eligibility to work without an EAD.
If Your I-94 Was Issued Before January 30, 2022
If your I-94 was issued before the January 30, 2022 update and remains unexpired, here’s what you need to do to ensure it reflects work authorization:
- Issued by CBP: If CBP issued your I-94, you should contact the nearest CBP Deferred Inspection Site to request an update. They will assist you in amending your I-94 to include the appropriate work authorization code. You can find your nearest Deferred Inspection Site here.
- Issued by USCIS: If your unexpired I-94 was issued by USCIS before January 30, 2022, USCIS will send you a notice confirming your employment authorization. This notice, along with your valid I-94, serves as proof of your authorization to work in the U.S. under your E or L status (E-1, E-2, E-3, E-3D, E-3R, or L-2).
Stay Informed and Proactive
Keeping your documents up to date and accurate is crucial for a smooth employment experience in the U.S. Regularly check that your I-94 and any supporting notices are current and reflect your employment status correctly.
No Notice Received? Contact USCIS:
If you are an E Visa or L Visa spouse under the age of 21 and have not received the notice by April 30, 2022, it is advisable to contact USCIS directly. You can request an updated notice by emailing them at E-L-married-U21@uscis.dhs.gov.
Ensuring you have the correct documentation is vital for a seamless employment experience in the United States. Stay informed and take proactive steps to address any potential issues related to your work authorization.
Schedule a Consultation with an Immigration Lawyer
Citations
We Can Help!
You may have questions regarding U.S. immigration laws and visas. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
