July 18, 2022 update:
The M-274 Handbook for Employers was updated with guidance on how to verify work authorization for E-2 and L-2 spouses.
May 18, 2022 update:
Effective May 4, 2022, the automatic extension period is now 540 days for eligible spouses, not to exceed I-94 validity. The USCIS had announced in November 2021 that eligible spouses could receive 180-day extensions.
March 21, 2022 update:
On March 18, 2022, USCIS provided additional guidance on E-3 and L-2 spouse work authorization. Specifically and as noted below, an I-94 with the “E-3S” or “L-2S” class of admission is a List C document only, and so those seeking to document their work authorization will also need a List B document such as a state issued identification card or driver’s license to complete an I-9 process with an employer. USCIS also indicated that it will be re-issuing older approval notices to reflect the new classes of admission for applicants already in the United States who have an I-94 issued by USCIS. Further info: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-employment-authorization-for-e-and-l-nonimmigrant-spouses
Original post:
Pursuant to a historical settlement agreement announced in November 2021, U.S. Customs & Border Protection (“CBP”) headquarters has confirmed that it is issuing new classes of admission for E and L spouses, including E-1S, E-2S, E-3S, and L-2S. These new classes of admission are being printed on I-94s issued by CBP for entries to the U.S. on or after January 31, 2022, and are also being printed on USCIS approval notices for E and L spouse status extension approvals on/after January 31, 2022. Pursuant to the November 12, 2021 USCIS policy alert, the new I-94 with E-1S, E-2S, E-3S, or L-2S class of admission is considered a List C document for employment verification (I-9) purposes, i.e., persons with these new classes printed on their I-94s are now authorized to work incident to status and without taking further steps such as applying for a work permit. That said, we are awaiting conforming I-9 guidance from USCIS in USCIS’s M-274 Handbook for Employers, which has not, as of this writing, been updated with the new classes of admission.
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