Update to USCIS Policy Guidance for E & L Spousal Work Authorizations Issued

In November 2021, the United States Citizenship and Immigration Services (USCIS) issued a policy alert relating to the “Employment Authorization for Certain H-4, E and L Nonimmigration Dependant Spouses”, announcing that certain E and L spouses could hold work authorization based on their nonimmigration status. Following this alert, USCIS has now announced that on April 1st, 2022, they will issue notices to E and L spouses aged 21 and over, and who hold an unexpired form I-94 issued before January 30, 2022. Such notice will be valid to use as evidence of employment authorization.

Further to the USCIS’s alert in November 2021 that they would consider E and L spouses to hold work authorization, the Department of Homeland Security (DHS), added a new Class of Admission Codes to differentiate between dependant E and L spouses, and children. Thus, from January 2022, the I-94s are now issued with the following new Class of Admission codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. Furthermore, from April 1, 2022, USCIS will commence issuing a notice to those E and L nonimmigrant status dependant spouses aged 21 and over, who hold an unexpired Form I-94 issued by USCIS before 30th January 2022. The notice will update the Class of Admission codes that previously reflected E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status to the Class of Admission codes: E-1S, E-2S, E-3S, and L-2S. This notice, along with the unexpired Form I-94, can be used as proof of employment authorization for employers.

E and L spouses who are under the age of 21, or those that have not received the above-mentioned notice by April 30, 2022, should contact USCIS to request a notice.

It should also be noted that USCIS confirmed they will only be issuing notices to those individuals identified as a qualifying spouse based on a USCIS approved FORM I-539 “Application to extend/Change Nonimmigrant Status”.

For further information on immigration in the US, please contact the Sterling Lexicon immigration team.