Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses

On March 18, 2022, USCIS issued a Policy Alert titled 'Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses' (PDF, 318.25 KB). As of January 30, 2022, USCIS and CBP began issuing Form I-94, Arrival-Departure records, with new classes of admission (COA) codes for certain E and L nonimmigrant dependent spouses who are employment authorized based on their status. The COA designations for E nonimmigrant spouses are E-1S, E-2S, E-3S, and L-2S for nonimmigrant L spouses. Forms I-94 containing these code designations are acceptable as a List C, #7 Employment Authorization Document issued by the Department of Homeland Security.

Employees providing this as a List C document must also provide a List B Identity document from the Lists of Acceptable Documents. For more information on acceptable Form I-9 documentation, please visit Form I-9 Acceptable Documents Webpage.