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USCIS to Mail Evidence of Work Authorization to Certain E and L Nonimmigrant Spouses

MSK Client Alert
March 18, 2022

Today (March 18, 2022) the U.S. Citizenship and Immigration Services (USCIS) announced that beginning April 1, 2022, it will mail notices to certain E and L nonimmigrant spouses, specifically those who entered the United States before January 30, 2022 and who are the beneficiaries of an approved Form I-539 extension of status.  These notices, along with an unexpired I-94, will serve as evidence of employment authorization.  This is important news for these spouses, whose current I-94s do not reflect the new work authorized designation codes (i.e. “E2S”, “E3S”, “L2S”).  On January 30, 2022, the US Customs and Border Protection (CBP) began to annotate E and L spouse I-94 forms with the new codes, which are suitable evidence of US work authorization for I-94 purposes.  Children of E and L nonimmigrants are not authorized to work and do not receive the new designations.

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