Update on E and L Spouses – Employment Authorization

Today U.S. Citizenship and Immigration Services (USCIS) issued an update regarding changes it is making to assist those spouses of E and L visa holders who are in the United States but do not have evidence of employment authorization in the form of an I94 admission record.

On Nov. 12, 2021, USCIS issued a policy announcement to clarify that E and L spouses are considered to be employment authorized based on their valid E or L nonimmigrant status. A new class of admission codes was added to distinguish between E and L spouses who are employment authorized, and their children who are not so authorized.

As of Jan. 30, 2022, USCIS and Customs and Border Protection (CBP) began issuing I-94 cards with the new codes, but those who were in the US before that date did not benefit from the change. Today's announcement confirms that USCIS will begin issuing new I94 admission records with the new code annotated on it, which E and L spouses can use as evidence of employment authorization.

If you are an E or L spouse who has an unexpired Form I-94 that USCIS issued before Jan. 30, 2022, the new notice should be mailed beginning on or about April 1, 2022. If you are an E or L spouse who received an I94 from CBP, CBP will retain jurisdiction to issue a new I94 admission record.