USCIS Updates Guidance on Employment Authorization for Certain E and L Nonimmigrant Spouses

On March 18, 2022, U.S. Citizenship and Immigration Companies (USCIS) introduced that it will replace the USCIS Coverage Handbook to deal with acceptable proof of labor authorization for E and L nonimmigrant spouses. The updates, offered in response to the settlement settlement reached within the class motion Shergill v. Mayorkas, additionally deal with Types I-94 issued by USCIS previous to January 31, 2022.


On November 10, 2021, as a part of the settlement settlement in Shergill v. Mayorkas, USCIS introduced that E and L nonimmigrant spouses would have work authorization incident to standing. As a part of the settlement, USCIS additional agreed to create a brand new I-94 designation for E and L spouses that may function proof of labor authorization.

On January 31, 2022, USCIS and U.S. Customs and Border Safety (CBP) began implementing new Type I-94 designations for E and L spouses. The brand new designation consists of an “S” subsequent to the E or L2 class of admission (COA). An unexpired Type I-94 with the brand new designation (E-1S, E-2S, E-3S, and L-2S) serves as proof of labor authorization beneath Checklist C of Type I-9.


USCIS announced that it will replace the USCIS Coverage Handbook with the above modifications to deal with the suitable documentation that sure E and L nonimmigrant spouses might use to proof work authorization.

USCIS additionally introduced that on or round April 1, 2022, the company would start mailing notices to E or L spouses with unexpired Type I-94s issued by USCIS earlier than the brand new spousal designations went into impact on January 31, 2022. The discover, together with an unexpired Type I-94 issued by USCIS exhibiting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant standing will function proof of employment authorization. USCIS will replace its policy manual so as to add this new doc mixture as proof of employment authorization for E and L spouses beneath Checklist C of Type I-9.

USCIS famous that qualifying E or L spouses who don’t obtain a discover by mail by April 30, 2022, might e mail USCIS to request the discover.

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