Key Points
- Customs and Border Protection (CBP) has implemented new E and L Class of Admission Codes for I-94 documents
- The new codes give individuals evidence of work authorized status when they present these documents as part of an I-9 employment verification check
- EADs are no longer required by DHS for eligible nonimmigrants in L-2 and E dependent statuses in accordance with a settlement agreement reached in Shergill v. Mayorkas
- Additional information about COA admission codes will be available soon
Overview
On January 31, 2022, Customs and Border Protection (CBP) implemented new E and L Class of Admission (COA) codes, which will be designated to I-94 US entry records for spouses of E and L holders upon entry into the US.
The new codes assigned to the I-94 records provide evidence of individuals’ US lawful presence and employment authorized status, which beneficiaries can obtain and present to an employer. The Department of Homeland Security no longer requires an Employment Authorization Document (EAD) for eligible nonimmigrants under this practice.
This update relates to the settlement agreement reached in Shergill v. Mayorkas, recognizing that L and E spouses are employment authorized incident to status.
Looking Ahead
Additional information about the new COA admission codes is expected to be available soon.
Content Credit
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Dmitri Pikman, Supervising Attorney, Corporate Immigration Partners
Source: Customs and Border Protection (CBP)
