In recent developments, USCIS has offered new guidance on the documentation required for employment authorization for nonimmigrant spouses under the E Visa and L Visa categories. Effective January 30, 2022, USCIS and CBP introduced I-94 codes that signify work authorization. Here’s a breakdown of what you need to know:
Proof of Work Authorization Codes:
If you are an E Visa or L Visa spouse, a valid I-94 card issued after January 30, 2022, should have one of the following codes:
- E-1S
- E-2S
- E-3S
- L-2S
Any of these codes on your I-94 indicates your authorization to work in the United States. It serves as tangible proof that you can commence work activities within the country.
I-94 Issued Before January 30, 2022:
For individuals with an unexpired I-94 issued by CBP before the specified date, contacting CBP Deferred Inspection is necessary. They can guide you in updating your I-94.
If USCIS issues your unexpired I-94 before January 30, 2022, it will mail you a notice. This notice, accompanied by an unexpired Form I-94 reflecting your E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, serves as valid evidence of employment authorization.
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.
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