U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) have begun issuing Forms I-94 with a new Class of Admission (COA) codes for certain E and L spouses. The new COA codes – E-1S, E-2S, E-3S, or L-2S – have been added to distinguish between E and L spouses and children, and to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status. An unexpired Form I-94 bearing one of the new COA codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9.
Beginning on or about April 1, 2022, USCIS will also mail a notice to foreign nationals who are an E or L spouse, and who have an unexpired Form I-94 that was issued by USCIS before January 30, 2022. This notice, along with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, will serve as the evidence of employment authorization for such foreign nationals. Foreign nationals who have been issued an I-94 by USCIS before January 30, 2022, reflecting an E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, but have not received their notice by April 30, must email E-L-married-U21@uscis.dhs.gov to request a notice.
Please note that USCIS will only send notices to qualifying foreign national spouses who have received an I-94 from USCIS based on the approval of a Form I-539. Foreign nationals who have received their Form I-94 from CP must visit www.cbp.gov to check the CBP procedure for updating their I-94.
If you have any questions regarding employment authorization for nonimmigrant dependents, or need help filing for an EAD, contact VisaPro Law Firm today. Our experienced immigration attorneys will be happy to assist you.
Harj Virdee, Panic Cell
