Key Points
- USCIS has updated policy guidance for E and L dependent spouses
- The guidance applies to individuals aged 21 and over with E-1, E-2, E-3, E-3D, or L-2 nonimmigrant status
- The USCIS guidance clarifies what documentation individuals may use for employment authorization
- Qualified individuals will receive a notice from USCIS that they can use for employment authorization
- An unexpired Form I-94 is also required as evidence of employment authorization
Overview
US Citizenship and Immigration Services (USCIS) has announced an update to the policy guidance in the USCIS Policy Manual that clarifies what documentation specific E and L nonimmigrant dependent spouses may use as employment authorization evidence incident to their status.
What are the Changes?
USCIS has added new guidance on Class of Admission (COA) codes that will be used to distinguish between E and L children and spouses. Based on regulations implemented by US Customs and Border Protection (CBP) in January 2022, USCIS is updating its policy guidance to clarify a system modification announced in November 2021 that declared certain E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. The policy guidance applies to individuals aged 21 and over and who have E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status. The direction, which is in Volume 10 of the USCIS Policy Manual, is immediately effective.
Looking Ahead
E and L spouses who are age 21 and over and have an unexpired Form I-94 issued by USCIS before January 30, 2022, will receive a notice in the mail on or after April 1, 2022. The notice and an unexpired Form I-94 will suffice as evidence of employment authorization for individuals with E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status.
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Frank Fogelbach, Supervising Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services
