USCIS To Issue Updated Notices for L-2 and E Status Spouses To Evidence Employment Authorization

18. Mar. 2022

In November 2021, USCIS announced that L and E spouses are now employment authorized incident to their E or L nonimmigrant status.  Subsequent to that announcement, on January 30, 2022, USCIS and CBP began issuing I-94s with the letter “S” (e.g., L-2S, E-1S, E-2S and E-3S) for E and L spouses. I-94s with the letter “S” became acceptable as evidence of employment authorization, without EAD (under List C of Form I-9).  However, spouses who received their I-94 before January 30th still have I-94s without the letter “S”, and thus still lack evidence of work authorization without an EAD.  

Today, USCIS announced that beginning on or about April 1, 2022, it will mail new notices for L and E status spouses age 21 or over who have unexpired I-94s that USCIS issued before Jan. 30, 2022. This notice, along with an unexpired I-94 reflecting L-2, E-1, E-2 or E-3 nonimmigrant status, will serve as evidence of employment authorization.

USCIS will only send notices to individuals identified as qualifying spouses based on a Form I-539 approved by USCIS.