Pursuant to a 2021 settlement that Truescreen reported on in November, USCIS has announced that as of Jan. 30, 2022, USCIS and CBP began issuing Forms I-94 with the following new COA codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List A (when combined with a Foreign Passport) and List C (when combined with a List B identity document).
USCIS has stated that it will mail a notice on or about April 1, 2022 to impacted visa holders who had a Form I-94 issued prior to 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 evidence of employment authorization. If you are an E or L spouse and under 21, or if you have not received your notice by April 30, email E-L-married-U21@uscis.dhs.gov to request a notice.
As always, Truescreen is constantly monitoring the employment authorization landscape and will alert clients to any potential regulatory changes.
Posted: March 18, 2022