Updated Guidance on Automatic Work Authorization For Spouses Of E And L Visa Holders

Starting April 1, 2022, USCIS will mail notices to dependent spouses of E and L visa holders, confirming their authorization to work. These notices will be sent to spouses with unexpired Form I-94s that were issued before January 30, 2022.

The notice along with the unexpired Form I-94 and valid passport can be used to show authorization to work for Form I-9 purposes. The period of work authorization will be tied to the expiration date of the Form I-94. Dependent spouses of E and L visa holders can still apply for an Employment Authorization Document, but are no longer required to for employment purposes, as long as they are in valid immigration status.

Earlier this year, on January 31, 2022, the Department of Homeland Security began issuing spouses of E and L visa holders Form I-94s with an “S” notation either on arrival to the United States after international travel or with the approval of a Form I-539, Application to Change/Extend Status. However, spouses who had no international travel plans were unable to obtain these updated Form I-94. The new agency initiative of mailing out notices, confirming the employment authorization of E and L spouses, is a welcome step.

If you are an E or L spouse who is under 21 years old and you have not received your notice by April 30, USCIS has indicated that you may email E-L-married-U21@uscis.dhs.gov to request a notice.

USCIS will only send these notices to individuals who have received an I-797 approval notice. For dependent spouses who traveled after January 31, 2022, and the Form I-94 did not have the “S” notation for spouse, we recommend contacting the Deferred Inspection office of the airport where the incomplete I-94 was issued. More information on this process can be found here.

This alert is for informational purposes only. Please contact me if you would like to discuss this development further.